Official Notices

The Asbestos Hazard Emergency Response Act (AHERA) was signed into law by Congress in 1986. AHERA is the statute that mandated the Environmental Protection Agency (EPA) “Asbestos in Schools Rule.” That law requires all school buildings to be inspected in order to identify the presence of any asbestos-containing building materials. Subsequent to these inspections, it is required that an AHERA management plan is written to outline site-specific procedures for controlling potential exposure to asbestos fibers. In accordance with AHERA, all Unified School District No. 229, Johnson County, State of Kansas buildings have been examined for asbestos-containing materials by EPA accredited inspectors. The individual building inspection reports are on file at each school’s administrative office. It is noted that the inspection of District facilities determined that there is no asbestos-containing material in any District building. The AHERA management plan is on file in the Safety and Security department located in the Blue Valley Support Services Center at 14950 Metcalf Overland Park, KS 66223. This report serves as the annual notification for the Unified School District No. 229, Johnson County, State of Kansas for the current school year.

Blue Valley School District is seeking to identify every student from birth through age 21 who lives within the District boundaries who has developmental delays or may be in need of special education. If you have a child or know of a child who you think has developmental delays or special needs, contact Dr. Mark Schmidt, Assistant Superintendent of Special Education at 913-239-4057

Areas of special education include: birth through age two (infant-toddler), early childhood disability, developmentally delayed, visual impairments including blindness, hearing impairments including deafness, deaf-blindness, autism, traumatic brain injury, emotional disturbance, specific learning disabilities, intellectual disability, multiple disabilities, orthopedic impairments, other health impairments, speech or language impairments and gifted. Parents are advised that all special education services are designed to offer the utmost in educational opportunities for each qualifying student, as well as to provide assistance and support in the areas of physical, mental, emotional and social growth.

State and federal laws are followed in providing each student with a free, appropriate public education in the least restrictive environment. Call Dr. Mark Schmidt, Assistant Superintendent of Special Education, at 913-239-4057 if you have a child or know of a child who may need special education services.

Blue Valley School District is committed to safety and security for all students and staff. In compliance with the Children’s Internet Protection Act (CIPA) requirements, the District maintains an internet filter to safeguard against inappropriate content. As technologies change, the District continues to evaluate security resources in an ongoing manner, maintaining the safest environment possible for teaching and learning. While internet filtering is maintained by the District, it is not the sole means for maintaining safe teaching and learning experiences for children. The District Technology Guidelines for Students Consent Form is shared and signed by every incoming student and parent. This guiding document is a foundation for educational practice in teaching students about Digital Citizenship, including responsible, respectful and safe learning practices while utilizing technology whether or not linked to school related assignments. Information about student use of communication technologies is detailed in Board Policy 3518 and the accompanying Administrative Guideline.

In accordance with FERPA, Blue Valley School District has designated certain student information that is general in nature and is usually regarded as non-detrimental to the student as directory information. This information may be disclosed without authorization. A parent, legal guardian or adult student may refuse to permit the designation of information as directory information by filing a written notification of refusal with your student’s principal on or before August 29, 2019, or for a new student, two weeks after the student’s entry date.

If a refusal is not filed, Blue Valley assumes you have no objection to the release of the designated directory information. Blue Valley has designated the following student information as directory information: 

• Name
• Address
• Telephone listing
• Electronic mail (e-mail) address
• Date and place of birth
• Dates of attendance
• Class designation or grade level
• Participation in officially recognized activities and sports
• Weight and height of members of athletic teams
• Degrees, honor and awards received
• The most recent educational agency or institution attended

Recruiting information: Military recruiters and institutions of higher education are entitled under federal law to a list of names, addresses and telephone numbers of high school students unless you object to the release of this information.

If you notify your child’s principal in writing at any time that you do not wish your child's name, address, and telephone number released without your written consent, the School District will honor that request.

For information concerning Blue Valley's use of Emergency Safety Interventions, please visit the Emergency Safety Intervention page.

Under the provisions of the Family Educational Rights and Privacy Act (FERPA), parents or guardians of students and eligible students (those who are 18 or older) are afforded various rights with regard to educational records that are kept and maintained by Blue Valley School District. In accordance with FERPA, you are required to be notified of those rights which include:

1. The right to review and inspect your student’s educational records, except those which are specifically exempt. Records will be available for your review within 45 days of the day the District receives your request for access. 

2. The right to prevent disclosure of personally identifiable information contained in your student’s educational records to other persons, with certain limited exceptions. Disclosure of information from your student’s educational records to other persons will occur only if:

• We have your prior written consent for disclosure;
• The information is considered “directory information” and you have not objected to the release of such information; or
• Disclosure without your prior consent is permitted by law.
  • The records custodian may lawfully disclose students’ education records to the following persons without the prior consent of parents or guardians:
  • Other school officials, including teachers within the district who have legitimate educational interests;
  • A school official is a person employed by the school as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); the school board (in executive session); a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist). A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility or duties.
  • Officials of other schools or school systems in which the student intends to enroll; The District will disclose a student’s education records to officials of another school district in which the student seeks or intends to enroll without consent and without further notice that the records have been requested or forwarded.
  • Authorized persons to whom a student has applied for or from whom a student has received financial aid;
  • State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to state statutes;
  • Organizations conducting studies for educational agencies for the purpose of developing, validating or administering student tests or programs;
  • Accrediting organizations;
  • Parents of a student 18 years of age if parents claim the student as a dependent for income tax purposes;
  • Appropriate persons if knowledge of the information is necessary to protect the health or safety of the student or other persons in an emergency;
  • An agency caseworker or representative of a state or local child welfare agency or tribal organization who has the right to access a student’s case plan when such agency or organization is legally responsible for the care and protection of the student and when any further disclosure of such information thereby will be limited in accordance with law; and
  • In compliance with a lawfully issued subpoena or judicial order. When information is requested in compliance with a judicial order or pursuant to any lawfully issued subpoena, parent(s)/guardian and the student shall be notified of the orders or subpoenas in advance of compliance with the order or subpoena unless:
    • the order or subpoena specifically forbids such disclosure; or
    • the order is issued in the context of a court proceeding where a parent is a party and the proceeding involves child abuse and neglect or dependency matters.

3. The right to request that your educational records be amended if you believe the records are misleading, inaccurate or otherwise in violation of your rights. This right includes the right to request a hearing at which you may present evidence to show why the record should be changed if your request for an amendment to your records is denied in the first instance.

4. The right to file a complaint with the Family Policy Compliance Office at the U.S. Department of Education if you believe that Blue Valley has failed to comply with FERPA’s requirements. The address of this office is 400 Maryland Avenue SW, Washington, DC 20202-8520.

5. The right to obtain a copy of Blue Valley’s policies for complying with FERPA. A copy may be obtained from: Board Clerk, 15020 Metcalf Overland Park, KS 66223, 913-239-4000

For information regarding Blue Valley's Free and Reduced-Price Meals, please visit the Free and Reduced Meals page.

All Blue Valley students are required by the Kansas Department of Health and Environment to complete the immunization process in order to be continuously enrolled in Blue Valley schools. Parents should take time to review their child’s immunization record with their healthcare provider. Parents must provide the most recent immunization records to the school nurse prior to the first day of attendance. Incorrectly spaced doses do not count toward immunization compliance.

Immunizations that are required for school entry effective August 2019 are defined by K.S.A. 72-6261 et seq. and K.A.R. 28-1-20. Detailed information can be found at Kansas Department of Health and Environment for the current school year.

The Individuals with Disabilities Education Act (IDEA), the Federal law concerning the education of students with disabilities, requires schools to provide you, the parents of a child with a disability, with a notice containing a full explanation of the procedural safeguards available under IDEA and U.S. Department of Education regulations. A copy of this notice must be given to you only one time a school year, except that a copy must also be given to you: (1) upon initial referral or your request for evaluation; (2) upon receipt of your first State complaint under 34 CFR §§300.151 through 300.153 and upon receipt of your first due process complaint under §300.507 in a school year; (3) when a decision is made to take a disciplinary action against your child that constitutes a change of placement under §300.536; and (4) upon your request. [34 CFR §300.504(a)]

This procedural safeguards notice must include a full explanation of all of the procedural safeguards available under §300.148 (unilateral placement of a child in a private school at public expense), §§300.151 through 300.153 (State complaint procedures), §300.300 (parental consent), §§300.502 and 300.503 (IEE and prior written notice), §§300.505 through 300.518 (other procedural safeguards, e.g., mediation, due process complaints, resolution process, and impartial due process hearing), §§300.530 through 300.536 (procedural safeguards in Subpart E of the Part B regulations regarding disciplinary actions), and §§300.610 through 300.625 (confidentiality of information provisions in Subpart F).

In accordance with the McKinney-Vento Act, Blue Valley School District will ensure that Homeless children in the District have access to a free and appropriate public education.

Who is eligible for McKinney-Vento services?

• Is lacking a stable, permanent and sufficient nighttime residence, which may include substandard housing
• Is sharing housing due to financial difficulties
• Is an unaccompanied youth, meaning they are not under the care of a parent or court-appointed guardian
• Is a child or youth abandoned in a hospital

Eligible children have the right to:

• The right to receive a free, appropriate public education;
• The right to enroll in school immediately, even if missing records and documents normally required for enrollment;
• The right to enroll, attend classes and participate fully in all school activities while the school gathers needed records;
• Enroll in the local school; or continue attending their school of origin (the school they attended when permanently housed or the school in which they were last enrolled);
• If the District believes that the school selected is not in the best interest of a child, the District must provide a written explanation of its position and the right to appeal the decision.
• The right to receive transportation to/from the school of origin
• The right to attend school with children not experiencing homelessness; segregation based on a student’s status as homeless is prohibited;
• The right to receive educational services comparable to those provided to other students, according to the child’s needs.

If you believe your children may be eligible, contact district liasion, Matt Ortman 913-239-4136 to find out what services and support may be available. There also may be support available for preschool-age children.

The Protection of Pupil Rights Amendment (PPRA) affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes and certain physical exams. These include the right to:

1. Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”), but only if the survey is funded in whole or in part by a program of the U.S. Department of Education.

1. Political affiliations or beliefs of the student or student's parent;
   • Mental or psychological problems of the student or student’s family;
   • Sex behavior or attitudes;
   • Illegal, antisocial, self-incriminating, or demeaning behavior;
   • Critical appraisals of others with whom respondents have close family relationships;
   • Legally recognized privileged relationships, such as with lawyers, doctors or ministers;
   • Religious practices, affiliations or beliefs of the student or parents; or
   • Income, other than as required by law to determine program eligibility.
      
2. Receive notice and an opportunity to opt a student out of
   • Any other protected information survey, regardless of funding;
   • Any nonemergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision or scoliosis screenings or any physical exam or screening permitted or required under state law; and
   • Activities involving collection, disclosure or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
      
3. Inspect, upon request and before administration or use
   • Protected information surveys of students;
   • Instruments used to collect personal information from students for any of the above marketing, sales or other distribution purposes; and
   • Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under state law.

In consultation with parents, Blue Valley School District has developed and adopted policies regarding these rights, as well as procedures to protect student privacy in the administration of protected information surveys and the collection, disclosure or use of personal information for marketing, sales or other distribution purposes. Blue Valley will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Blue Valley will also directly notify parents of students who are scheduled to participate in the specific activities or surveys covered by PPRA, through the U.S. mail or e-mail. The school will also provide an opportunity for parents to opt their children out of participation of the specific activity or survey.

If the school has identified the specific or approximate dates of the activities or surveys at the beginning of the school year, Blue Valley will provide notice to parents at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys.

The following is a list of the specific activities and surveys covered under this notification requirement:

• Collection, disclosure or use of personal information for marketing, sales or other distribution.
• Administration of any protected information survey not funded in whole or in part by the Department of Education.
• Any nonemergency, invasive physical examination or screening as described above.

Parents who believe their rights have been violated may file a complaint with:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202

The Rehabilitation Act was passed in 1973 to prohibit entities receiving federal funds from allowing disability discrimination. Subpart C of Section 504 of that act requires school districts to make programs and activities accessible to and usable by all individuals with disabilities. It states: "No otherwise qualified individual with a disability shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Since Blue Valley receives federal money, the District does not discriminate against any student on the basis of his or her disability and allows equal access to and participation in its programs and activities. The District also does not discriminate against anyone because he or she is associated with someone who is disabled. In addition, it is the District's responsibility to identify and evaluate students who, within the intent of Section 504 of the Rehabilitation Act of 1973, need specially designed instruction or services so that those students may receive free appropriate public education.

At each school, the responsibility for ensuring Section 504 compliance rests with the building principal or principal's designee. The Assistant Superintendent of Special Education coordinates the District's compliance with Section 504. The Assistant Superintendent of Special Education can be contacted at 15020 Metcalf, Overland Park, Kansas 66283-0901, 913-239-4044.

The Kansas report card provides information about our district and schools. The Kansas Report Card is a collection of data compiled annually to provide information not only on a statewide basis, but also by district and by building. Blue Valley School District’s annual school district report card is available by visiting the Kansas State Department of Education website.

The Kansas Student Data Privacy Act requires that the District adhere to guidelines governing disclosure of your student’s data and other information contained in his/her student record.

Student data submitted to and maintained by a statewide longitudinal data system may be disclosed to:

• The authorized personnel of an educational agency or the state board of regents who require disclosures to perform assigned duties; and
• The student and the parent or legal guardian of the student, provided the data pertains solely to the student.
• Student data may be disclosed to authorized personnel of any state agency or to a service provider of a state agency, educational agency or school performing instruction, assessment or longitudinal reporting, if there is a data-sharing agreement between the educational agency and other state agency or service provider that contains the following:
  • Purpose, scope and duration of the data-sharing agreement;
  • A restriction that the recipient of student data use such information solely for the purposes specified in the agreement;
  • A requirement that the recipient comply with data access, use and security restrictions specifically described in the agreement; and
  • A requirement that student data be destroyed when no longer necessary for purposes of the data-sharing agreement or upon expiration of the agreement, whichever occurs first.

A service provider engaged to perform a function of instruction may be allowed to retain student transcripts as required by applicable laws and rules and regulations.

Unless an adult student or parent or guardian of a minor student provides written consent to disclose personally identifiable student data, student data may only be disclosed to a governmental entity not specified above or any public or private audit and evaluation or research organization if the data is aggregate data. “Aggregate data” means data collected or reported at the group, cohort or institutional level and which contains no personally identifiable student data.

The district may disclose:

• Student directory information when necessary if the student’s parent or legal guardian has not submitted a written objection to the release of directory information;
• Directory information to an enhancement vendor providing photography services, class ring services, yearbook publishing services, memorabilia services or similar services;
• Any information requiring disclosure pursuant to state statutes;
• Student data pursuant to any lawful subpoena or court order directing such disclosure; and
• Student data to a public or private postsecondary educational institution for purposes of application or admission of a student to such postsecondary educational institution with the student’s or the student’s legal guardian’s written consent.