A Guide for School Librarians March 8, 2018
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Table of Contents:
McAllen ISD Vision Statement ……………………...….2 McAllen ISD Mission Statement…………………......….2 Media Policy and Procedure………………………....…..3 Instructional Materials……………………………...……3 Information Collection…………………………….....…..4 Parental Notification………………………………….….5 Protected Information…………………………………....6 Religion……………………………………………...…..6 Records management………………………………….…7 Public Complaints………………………………..….…..9 Public Information…………………………………....…10 Student Fees and Charges…………………………….....12 Facilities and Construction……………………….……..14 Library Organization………………………………..…..14 Scheduling and Collaborative Planning…………...……15 Instructional Resource……………………………....….16 Controversial Issues………………………………....….18 Challenged Resources……………………………….….18 Fair Use……………………………………………....…20 Intellectual Property……………………………....…….20 Challenge Form……………………………………...….24 Letter to Complainant…………………………………...26
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McAllen ISD Vision The McAllen Independent School District is a multicultural community in which students are enthusiastically and actively engaged in the learning process. Students demonstrate academic excellence in a safe, nurturing and challenging environment enhanced by technology and the contributions of the total community. McAllen ISD Mission The mission of the McAllen Independent School District is to educate all students to become lifelong learners and productive citizens in a global society through a program of educational excellence utilizing technology and actively involving parents and the community. McAllen ISD Library Services Mission Statement The mission of the MISD libraries as an agency of both instruction and service is to encourage reading for pleasure and information, to support the curricular goals of our campuses, to teach appropriate research skills in an integrated context, and to aid other district libraries. As the term “library” has a universal recognition defining a place set aside to house books and other print materials, technology, and audio visuals it will be used in this document instead of “resource center”, “library “, or other similar terms. “Librarian” will denote the person who manages the library and its services. In our libraries our students have online access, current literature and makerspace sites to explore. Through our libraries online presences, our patrons are able to access current relevant research materials, current and classic reading materials and primary sources. Our research materials include Gale Online Resources and Tex-Quest, (which includes Britannica, BrainPop, ProQuest.) These resources include Spanish language and other language translation. Our current and classic reading materials includes Brainhive, Ebsco eBooks, Follett eBooks, MackinVia and Overdrive. Also included in our resources is TeachingBooks.net, which is an easy-to-use website that adds a multimedia dimension to the reading experiences of children’s and young adult books. Our primary resources are through Adam Mathew’s American West and American Indian Histories & Cultures, Britannica, and Gale Online Resources. Following a rich tradition of community involvement, the mission of MISD Libraries is to empower students to become life-long learners and productive citizens in a dynamic, global society by providing quality learning experiences that develop the knowledge, skills, abilities, and attitudes for continued success.
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I. MEDIA POLICY & PROCEDURE BOARD POLICY Descriptive Code: EFB MEDIA PROGRAMS Date: 7/9/2008 In developing, implementing, or expanding library services, the District shall consider the standards adopted by the Texas State Library and Archives Commission, in consultation with the State Board of Education.
The District may enter into contracts with a county or municipality in which the District is located to provide joint library facilities. The Board and the commissioner’s court of the county or governing body of the municipality must conduct public hearings before entering into such a contract. The hearings may be held jointly. Education Code 33.021, 33.022 School Library A district possesses significant discretion to determine the content of its school libraries. A district must, however, exercise its discretion in a manner consistent with the First Amendment. Removal of Library Materials Students’ First Amendment rights are implicated by the removal of books from the shelves of a school library. A district shall not remove materials from a library for the purpose of denying students access to ideas with which the district disagrees. A district may remove materials because they are pervasively vulgar or based solely upon the educational suitability of the books in question. Bd. of Educ. v. Pico, 457 U.S. 853 (1982) EF (LEGAL)P DATE ISSUED 10/13/2017 Instructional Materials Instructional materials selected for use in the public schools shall be furnished without cost to students attending those schools. Except as provided by Education Code 31.104(d), a district may not charge a student for instructional material or technological equipment purchased by the district with the district’s technology and instructional materials allotment [see CMD]. Education Code 31.001 Parental Access A parent is entitled to review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent’s child and to review each test administered to the child after the test is administered. A district shall make teaching materials and tests readily available for parental review and
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may specify reasonable hours for such review. A student’s parent is entitled to request that a district allow the student to take home any instructional materials used by the student. Subject to the availability of the instructional materials, a district or school shall honor the request. A student who takes home instructional materials must return the instructional materials to school at the beginning of the next school day if requested to do so by the student’s teacher. Education Code 26.006 Information Collection and Access U.S. DOE–Funded Surveys Consent Required No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education (DOE), to submit to a survey, analysis, or evaluation that reveals information concerning the topics listed at Protected Information, below, without the prior consent of the student (if the student is an adult or emancipated minor), or, in the case of an unemancipated minor, without the prior written consent of the parent. 20 U.S.C. 1232h(b) Parental Inspection All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material, that will be used in connection with any survey, analysis, or evaluation as part of any program funded in whole or in part by the U.S. DOE shall be available for inspection by the parents or guardians of the children. 20 U.S.C. 1232h(a) Information Collection Funded by Other Sources Policies Except as provided by 20 U.S.C. 1232h(a) or (b) [see U.S. DOE Funded Surveys, above], as a condition of receiving funds for a program funded in whole or in part by the U.S. DOE, a district shall develop and adopt policies, in consultation with parents, pursuant to 20 U.S.C. 1232h(c)(1), regarding the following: 1.
The parent’s right to inspect a survey created by a third party before the survey is administered or distributed by a school to the student and any applicable procedures for granting a request by a parent for reasonable access to such survey within a reasonable period of time after the request is received.
2.
A district’s arrangements to protect student privacy in the event a survey containing one or more of the items listed under Protected Information, below, is administered or distributed to a student.
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The parent’s right to inspect any instructional material used in the educational curriculum for the student and any applicable procedures for granting a request by a parent for reasonable access to instructional material within a reasonable period of time after the request is received.
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The administration of physical examinations or screenings that a district may administer to the student.
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The collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling that information. This provision does not apply to use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as recruiters, book clubs, curriculum and instructional materials used by schools, sale by students of products or services to raise funds for school-related or education-related activities, or student recognition programs.
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The parent’s right to inspect any instrument used in collection of personal information in item 5 above, before the instrument is administered and any applicable procedures for granting a request by a parent for reasonable access to such instrument within a reasonable period of time after the request is received.
A district need not develop and adopt new policies if TEA or the district had in place, on January 8, 2002, policies covering the requirements of 20 U.S.C. 1232h(c)(1). [See CRD, FFAA, FL, and FNG]
Parental Notification A district shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of the students enrolled in schools served by the district. At a minimum, a district shall: 7.
Provide notice at least annually, at the beginning of the school year and within a reasonable time after any substantive change in the policies; and
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Offer an opportunity for the parent to opt the student out of participation in an activity described below.
A district shall directly notify the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when activities, described below, are scheduled or expected to be scheduled. The following activities require notification under this section: 9.
Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information.
10. The administration of any survey containing one or more items described at Protected Information, below. 11. Any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered and scheduled by the school in advance, and not necessary to protect the immediate health and safety of the student or of other students. 20 U.S.C. 1232h(c)(1)–(4)​ [See FFAA]
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Protected Information Protected information addressed by 20 U.S.C. 1232h includes: 12. Political affiliations or beliefs of the student or the student’s parents. 13. Mental and psychological problems of the student or the student’s family. 14. Sex behavior and attitudes. 15. Illegal, anti-social, self-incriminating, and demeaning behavior. 16. Critical appraisals of other individuals with whom respondents have close family relationships. 17. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers. 18. Religious practices, affiliations, or beliefs of the student or student’s parent. 19. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program). 20 U.S.C. 1232h(b), (c)(1)(B)
“Personal Information” Defined The term “personal information” means individually identifiable information, including a student’s: 20. First and last name; 21. Home or physical address, including street name and city or town; 22. Telephone number; or 23. Social security identification number. 20 U.S.C. 1232h(c)(6)(E) EMI LOCAL MISCELLANEOUS INSTRUCTIONAL POLICIES STUDY OF RELIGION DATE ISSUED: 7/1/2002 Teaching About Religion The inclusion of religion in the study of history, culture, literature, music, drama, and art is essential to a full and fair presentation of the curriculum. The inclusion of religious elements is appropriate as long as the material included is intrinsic to the field of study in which it is presented and as long as it is presented objectively.
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The District’s approach to teaching about religion shall be academic, not devotional. Emphasis on religious themes in the arts, literature, and history shall be only as extensive as necessary for a balanced and thorough study of these areas. Such studies shall not foster any particular religious tenet nor demean any religious beliefs, but shall attempt to develop mutual respect among students and advance their knowledge and appreciation of the role that religious heritage plays in the social, cultural, and historic development of civilization. Religious Texts Use of religious texts in instruction shall be guided by the principles set forth above. Other than texts used in an appropriate course of study, the District shall not distribute religious texts or materials to students. Such materials may be indexed, shelved, and circulated as library materials. [See FNAA regarding student distribution of nonschool literature and GKDA regarding non student distribution of nonschool literature] Religious Music District music groups may perform or receive instruction regarding religious music as part of the secular program of instruction. The primary purpose of the inclusion of religious music in performances or instruction shall be academic, not devotional. Performances and instruction shall reflect religious diversity when appropriate. Religious Symbols Religious symbols may be displayed as a teaching aid. Their display shall be temporary and limited to specific teaching activities; such displays shall not be permitted for devotional purposes. Religious Elements in Student Work Students may choose to include religious elements in their schoolwork, such as papers, presentations, or artwork; however, students’ work must fulfill the purpose of the assignment and be evaluated by secular academic standards. CPL LOCAL OFFICE MANAGEMENT RECORDS MANAGEMENT DATE ISSUED: 7/2/2016 The Superintendent shall oversee the performance of records management functions prescribed by state and federal law: 1. Records Administrator, as prescribed by Local Government Code 176.001 and 176.007 [See BBFA and CHE] 2. Officer for Public Information, as prescribed by Government Code 552.201–.205 [See GBAA] 3. Public Information Coordinator, as prescribed by Government Code 552.012 [See BBD] Local Government Records Act
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“Local Government Record” The term “local government record” shall pertain to all items identified as such by the Local Government Records Act. Records Management Officer The Superintendent shall serve as and perform the duties of the District’s records management officer as prescribed by Local Government Code 203.023, and shall administer the District’s records management program pertaining to local government records in compliance with the Local Government Records Act. Notification The records management officer shall file his or her name with the Texas State Library and Archives Commission (TSLAC) within 30 days of assuming the position. Records Control Schedules The records management officer shall file with the TSLAC a written declaration that the District has adopted records control schedules that comply with records retention schedules issued by the TSLAC as provided by law. Website Postings The District’s records management program shall address the length of time records will be posted on the District’s website when the law does not specify a posting period. Records Destruction Practices All local government records shall be considered District property and any unauthorized destruction or removal shall be prohibited. The District shall follow its records control schedules, records management program, and all applicable laws regarding records destruction. However, the District shall preserve records, including electronically stored information, and suspend routine record destruction practices where appropriate and in accordance with procedures developed by the records management officer. Such procedures shall describe the circumstances under which local government records scheduled for destruction must be retained. Notification shall be given to appropriate staff when routine record destruction practices must be suspended and when they may be resumed. Training The records management officer shall receive appropriate training regarding the Local Government Records Act and shall ensure that custodians of records, as defined by law, and other applicable District staff are trained on the District’s records management program, including this policy and corresponding procedures.
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GF LEGAL PUBLIC COMPLAINTS DATE ISSUED: 11/29/2005 A district shall take no action abridging the freedom of speech or the right of the people to petition the board for redress of grievances. U.S. Const. Amend. I, XIV A board may confine its meetings to specified subject matter and may hold nonpublic sessions to transact business. But when a board sits in public meetings to conduct public business and hear the views of citizens, it may not discriminate between speakers on the basis of the content of their speech or the message it conveys. Rosenberger v. Rector & Visitors of Univ. of Virginia, 515 U.S. 819, 828 (1995); City of Madison v. Wis. Emp. Rel. Comm’n, 429 U.S. 167, 174 (1976); Pickering v. Bd. of Educ., 391 U.S. 563, 568 (1968) Texas Constitution Citizens shall have the right, in a peaceable manner, to assemble together for their common good and to apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address, or remonstrance. Tex. Const. Art. I, Sec. 27 Response to Complaints There is no requirement that a board negotiate or even respond to complaints. However, a board must stop, look, and listen and must consider the petition, address, or remonstrance. Professional Association of College Educators v. El Paso County Community [College] District, 678 S.W.2d 94 (Tex. App.—El Paso 1984, writ ref’d n.r.e.) Federal Laws Section 504 A district that receives federal financial assistance, directly or indirectly, and that employs 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. 794; 34 C.F.R. 104.7(b) Americans with Disabilities Act A district that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by the Code of Federal Regulations, Title 28, Part 35 (Americans with Disabilities Act regulations). 28 C.F.R. 35.107 Closed Meeting A board may conduct a closed meeting on a public complaint to the extent required or provided by law. [See BEC] Record of Proceedings
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An appeal of a board’s decision to the Commissioner of Education shall be decided based on a review of the record developed at the district level. “Record” includes, at a minimum, an audible electronic recording or written transcript of all oral testimony or argument. Education Code 7.057(c), (f) It is a district’s responsibility to make and preserve the records of the proceedings before the board. If a district fails to create and preserve the record without good cause, all substantial evidence issues that require missing portions of the record for resolution shall be deemed against the district. The record shall include: 1. A tape recording or a transcript of the hearing at the local level. If a tape recording is used: 2. The tape recording must be complete, audible, and clear; and 3. Each speaker must be clearly identified. 4. All evidence admitted; 5. All offers of proof; 6. All written pleadings, motions, and intermediate rulings; 7. A description of matters officially noticed; 8. If applicable, the decision of the hearing examiner; 9. A tape recording or transcript of the oral argument before the board; and 10. The decision of the board. 19 TAC 157.1073(d) Disruption It is a criminal offense for a person, with intent to prevent or disrupt a lawful meeting, to substantially obstruct or interfere with the ordinary conduct of a meeting by physical action or verbal utterance and thereby curtail the exercise of others’ First Amendment rights. Penal Code 42.05; Morehead v. State, 807 S.W. 2d 577 (Tex. Cr. App. 1991) Note: Public complaints regarding instructional and library materials are addressed at EF and complaints against peace officers are addressed at CKE. GBA (LEGAL) PUBLIC INFORMATION PROGRAM ACCESS TO PUBLIC INFORMATION DATE ISSUED: 10/13/2017 Right of Access to Public Information Availability Public information is available, at a minimum, to the public during a district’s normal business hours. Gov’t Code 552.021 Information That Must Be Disclosed
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Student Records Information is confidential and excepted from required disclosure if it is information in a student record at a district. “Student record” means information that constitutes education records as that term is defined by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g(a)(4)) [see FL] and information in a record of an applicant for admission to an educational institution, including a transfer applicant. A district may disclose or provide information included in an education record as authorized by 20 U.S.C. Section 1232g or other federal law. [See FL] In addition, a student record shall be made available upon request to district personnel, the student, the student’s parents, guardian, or spouse, or a person conducting a child abuse investigation required by Family Code Chapter 261, Subchapter D. Except as set forth in federal law (the Family Educational Rights and Privacy Act), a district shall not release personally identifiable information in education records without the written consent of the student’s parents. A district may redact information that constitutes a student record from information disclosed under the PIA without requesting a decision from the attorney general. If an applicant for admission to an educational institution funded wholly or partly by state revenue, or a parent or legal guardian of a minor applicant to such an educational institution, requests information in the record of the applicant, the district shall disclose any information that is related to the application for admission and was provided to the district by the applicant. Gov’t Code 552.026, .114 [See FL] Cybersecurity Information A cyber threat indicator or defensive measure shared by or with a state, tribal, or local government under 6 U.S.C. 1503 shall be deemed voluntarily shared information and exempt from disclosure under any state or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records. 6 U.S.C. 1503(d)(4)(B) A cyber threat indicator or defensive measure shared with the federal government under Title 6, United States Code, shall be: Deemed voluntarily shared information and exempt from disclosure under federal public information. Certain Library Records A record of a library or library system that identifies or serves to identify a person who requested, obtained, or used a library material or service is excepted from public disclosure, unless the record is disclosed: 1. Because the library determines that disclosure is reasonably necessary for the operation of the library and the records are not confidential under other state or federal law; 2. To a person with a special right of access under Government Code 552.023; or
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3. To a law enforcement agency or prosecutor under a court order or subpoena. Gov’t Code 552.124 Computer Network Security Information is excepted from public disclosure if it is information that relates to computer network security, to network security information that is restricted under Government Code 2059.055, or to the design, operation, or defense of a computer network. [See Security Information, above] Gov’t Code 552.139(a) LEGAL FP STUDENT FEES, FINES, AND CHARGES DATE ISSUED: 10/13/2017 Authorized Fees A board may require payment of: 1. A fee for materials used in any program in which the resultant product in excess of minimum requirements becomes, at the student’s option, the personal property of the student, if the fee does not exceed the cost of materials. 2. Membership dues in student organizations or clubs and admission fees or charges for attending extracurricular activities, if membership or attendance is voluntary. 3. A security deposit for the return of materials, supplies, or equipment. 4. A fee for personal physical education and athletic equipment and apparel, although any student may provide his or her own equipment or apparel if it meets reasonable requirements and standards relating to health and safety established by the board. 5. A fee for items of personal use or products that a student may purchase at the student’s option, such as student publications, class rings, annuals, and graduation announcements. 6. A fee specifically permitted by any other statute. 7. A fee for an authorized, voluntary student health and accident benefit plan. 8. A reasonable fee, not to exceed the actual annual maintenance cost, for the use of musical instruments and uniforms owned or rented by a district. 9. A fee for items of personal apparel that become the property of the student and that are used in extracurricular activities. 10. A parking fee [see CLC] or a fee for identification cards. 11. A fee for a driver training course, not to exceed the actual district cost per student in the programs for the current school year. 12. A fee for a course offered for credit that requires the use of facilities not available on the school premises or the employment of an educator who is not part of the school’s regular staff, if participation in the course is at the student’s option. The board may not charge a fee for a course
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requested by parents according to Education Code 28.003 [see EHA]. 13. A fee for a course offered during summer school, except that the board may charge a fee for a course required for graduation only if the course is also offered without a fee during the regular school term. 14. A reasonable fee for transportation of a student who lives within two miles of the school the student attends to and from that school, except that the board may not charge a fee for transportation for which the district receives funds under Education Code 42.155(d). 15. A reasonable fee, not to exceed $50, for costs associated with an educational program offered outside of regular school hours through which a student who was absent from class receives instruction voluntarily for the purpose of making up the missed instruction and meeting the level of attendance required under Education Code 25.092. [See FEC] The district must provide a written form to be signed by the student’s legal guardian stating that this fee would not create a financial hardship or discourage the student from attending the program. The district may only assess the fee if the student returns the signed form. 16. If the district does not receive any funds under Education Code 42.155 and does not participate in a county transportation system for which an allotment is provided under Education Code 42.155(i), a reasonable fee for the transportation of a student to and from the school the student attends. Education Code 11.158(a), (d), (h) 17. A fee for enrollment in an electronic course provided through the Texas virtual school network (TXVSN) in accordance with Education Code 30A.155. Education Code 30A.155 [See EHDE] Prohibited Fees A board may not charge fees for: 1. Instructional materials, workbooks, laboratory supplies, or other supplies necessary for participation in any instructional course, except as authorized under the Education Code. 2. Field trips required as part of a basic educational program or course. 3. Any specific form of dress necessary for any required educational program or diplomas. 4. Instructional costs for necessary school personnel employed in any course or educational program required for graduation. 5. Library materials required to be used for any educational course or program, other than fines assessed for lost, damaged, or overdue materials. 6. Admission to any activity the student is required to attend as a prerequisite to graduation. 7. Admission to or examination in any required educational course or program. 8. Lockers.
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FACILITIES AND CONSTRUCTION LEGAL CV DATE ISSUED: 10/13/2017 Each facility or part of a facility constructed by, on behalf of, or for the use of a district shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities. Alterations of facilities that affect or could affect their usability shall, to the maximum extent feasible, be altered in such manner that the altered portion is readily accessible to and usable by individuals with disabilities. ​28 C.F.R. 35.151, 34 C.F.R. 104.23 The school library media specialist organizes and facilitates a physical environment designed specifically to meet the learning and information needs of students, teachers, and others with a variety of educational and informational resources that provide access to information both within the school and in the local, regional, and global communities.
Library Organization 1. All MISD library ​media resources shall be organized for effective and efficient use through cataloging, classifying, and arranging all elements of the collection. 2. Each McAllen ISD library media specialist is expected to organize and make available for use all print and non-print media and equipment purchased with media funds. Guides to use in determining these access and delivery systems will be: Policies of the School District Professional training Professional books and periodicals Goals and facilities of the school and media center Experiences as an educator Insights into the needs of the particular school population
3. Each library media specialist is expected to maintain an automated system for bibliographic management, circulation of materials and equipment, and information distribution. McAllen ISD currently uses the Follett circulation system. The circulation system is hosted by Follett and allows each campus to inventory its collection and
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supports student searches for content. 4. Non-School Materials Any print or non-print media brought to the school by teachers, students, parents, or speakers for possible classroom use shall be subject to procedures stated herein and those at the local school. All materials shall be previewed by the user prior to anticipated use to determine instructional relevance, appropriateness to the age and maturity level of students, and quality and clarity of the presentation. Adherence to fair uses guidelines and other relevant copyright stipulations shall be assured. Consideration should also be given to whether there are comparable school-owned or state-provided resources, which effectively present the same or similar content. In no instance shall media and/or equipment be used in such a manner as to violate Board policy or the law.
5. Borrowing Instructional Media and Equipment Representatives of school organizations or system employees who request loan of school/system level media or equipment for school related work shall complete a written form preferably two (2) weeks prior to the desired use. The school/system level person responsible for requested media and/or equipment shall approve or deny the request. The borrowing organization or individual system employee shall assume responsibility, in writing, for any damage or loss of material and for compliance with the copyright law until receipt of media or equipment is acknowledged in writing. (SEE ATTACHMENT 3E) Students and school personnel shall be accountable for media, equipment, and all other instructional materials purchased with public school funds. Reimbursement will be made through the procedures established by the school system.
Scheduling & Collaborative Planning
6. The library media specialist is responsible for the management of space, equipment, resources, and supplies for all library media programs and services.
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7. Flexible access to the library media programs and services is recommended as stated in State Rule 160-4-4-.01 Media Programs - a plan for flexibly scheduled library/media center access for students and teachers in groups or as individuals simultaneously throughout each instructional day. Accessibility shall refer to the facility, the staff, and the resources and shall be based on instructional need. 8. Collaboration shall include joint planning by library media specialist and teachers to ensure that the use of library/media center resources and services support ongoing classroom instruction and implementation of the state-adopted curriculum. 9. Responsibility for delivery of instruction is determined during the planning process, recognizing that in some elementary cases the library media specialist will have time scheduled with classroom groups without the teacher’s presence. At all levels, planning for the use of the library/media center shall be shared with the classroom teacher and the expectation is that, whenever possible, both the library media specialist and the teacher should be present during instruction in the library/media center. When the library/media center has a scheduled class, another entire class should not come to the media center without prior permission of the library media specialist. Reference: Information Power, Building Partnerships for Learning, American Association of School Librarians, 1998. EF(LOCAL) - INSTRUCTIONAL RESOURCE The District shall provide a wide range of instructional resources for students and faculty that present varying levels of difficulty, diversity of appeal, and a variety of points of view. Although professional staff members may select instructional resources for their use in accordance with District policy and administrative regulations, the ultimate authority for determining and approving the curriculum and instructional program of the District lies with the Board. Objectives In this policy, "instructional resources" may include textbooks, library acquisitions, supplementary resources for classroom use, and any other instructional resources, including electronic resources, used for formal or informal teaching and learning purposes. The primary objectives of instructional resources are to implement, enrich, and support the District's educational program. The Board shall rely on District professional staff to select and acquire instructional resources that: Enrich and support the curriculum, taking into consideration students' varied interests, abilities, learning
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styles, and maturity levels. Stimulate growth in factual knowledge, enjoyment of reading, literary appreciation, aesthetic values, and societal standards. Present various sides of controversial issues so that students have an opportunity to develop, under guidance, skills in critical analysis and in making informed judgments in their daily lives. Represent many ethnic, religious, and cultural groups and their contributions to the national heritage and world community. Provide a wide range of background information that will enable students to make intelligent judgments in their daily lives. Selection Criteria In the selection of instructional resources, professional staff shall ensure that the resources: Support and are consistent with the general educational goals of the state and District and the aims and objectives of individual schools and specific courses consistent with the District and campus improvement plans. Meet high standards for artistic quality and/or literary style, authenticity, educational significance, factual content, physical format, presentation, readability, and technical quality. Are appropriate for the subject area and for the age, ability level, learning styles, and social and emotional development of the students for whom they are selected. Are designed to help students gain an awareness of our pluralistic society. Are designed to provide information that will motivate students and staff to examine their own attitudes and behavior; to understand their duties, responsibilities, rights, and privileges as citizens participating in our society; and to make informed choices in their daily lives. For library selections, are integral to the instructional program, are appropriate for the reading levels and understanding of students, reflect the interests and needs of the students and faculty, are included because of their literary or artistic value and merit, and present information with the greatest degree of accuracy and clarity. Administrators, teachers, library media specialists, other District personnel, parents, and community
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members, as appropriate, may recommend instructional resources for selection. Gifts of instructional resources shall be evaluated according to these criteria and accepted or rejected in accordance with CDC(LOCAL). Selection of resources is an ongoing process that includes the removal of resources no longer appropriate and the periodic replacement or repair of resources that still have educational value. Controversial Issues District professional staff shall endeavor to maintain a balanced collection representing various views when selecting instructional resources on controversial issues. Resources shall be chosen to clarify historical and contemporary forces by presenting and analyzing intergroup tension and conflict objectively, placing emphasis on recognizing and understanding social and economic problems. [See also EMB regarding instruction about controversial issues and EHAA regarding human sexuality instruction.]
Challenged Resources A parent of a District student, any employee, or any District resident may formally challenge an instructional resource used in the District's educational program on the basis of appropriateness. Informal Reconsideration The school receiving a complaint about the appropriateness of an instructional resource shall try to resolve the matter informally using the following procedure: The principal or designee shall explain the school's selection process, the criteria for selection, and the qualifications of the professional staff who selected the questioned resource. The principal or designee shall explain the intended educational purpose of the resource and any additional information regarding its use. If appropriate, the principal or designee may offer a concerned parent an alternative instructional resource to be used by that parent's child in place of the challenged resource. If the complainant wishes to make a formal challenge, the principal or designee shall provide the complainant a copy of this policy and a form to request a formal reconsideration of the resource. Formal Reconsideration
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A complainant shall make any formal objection to an instructional resource on the form provided by the District and shall submit the completed and signed form to the principal. Upon receipt of the form, the principal shall appoint a reconsideration committee. The reconsideration committee shall include at least one member of the instructional staff who has experience using the challenged resource with students or is familiar with the challenged resource's content. Other members of the committee may include District-level staff, library staff, secondary-level students, parents, and any other appropriate individuals. All members of the committee shall review the challenged resource in its entirety. As soon as reasonably possible, the committee shall meet and determine whether the challenged resource conforms to the principles of selection set out in this policy. The committee shall prepare a written report of its findings and provide copies to the principal, the Superintendent or designee, and the complainant. Appeal The complainant may appeal the decision of the reconsideration committee in accordance with appropriate complaint policies, starting with the appropriate administrator. [See DGBA, FNG, and GF] Guiding Principles The following principles shall guide the Board and staff in responding to challenges of instructional resources: A complainant may raise an objection to an instructional resource used in a school's educational program, despite the fact that the professional staff selecting the resources were qualified to make the selection, followed the proper procedure, and adhered to the objectives and criteria for instructional resources set out in this policy. A parent's ability to exercise control over reading, listening, or viewing matter extends only to his or her own child. Access to a challenged resource shall not be restricted during the reconsideration process, except the District may deny access to a child if requested by the child's parent. The major criterion for the final decision on challenged resources is the appropriateness of the resource for its intended educational use. No challenged instructional resource shall be removed solely because of the ideas expressed therein.
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What is Fair Use?
“There are four factors to be considered in determining whether or not a particular use is fair: 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. The distinction between ―fair use‖ and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. Therefore, the safest course is always to get permission from the copyright owner before using copyrighted material.” (U.S. Copyright Office)
CY(LOCAL) - INTELLECTUAL PROPERTY Intellectual Property All copyrights, trademarks, and other intellectual property rights shall remain with the District at all times. Students A student shall retain all rights to work created as part of instruction or using District technology resources. Employees District Ownership As an agent of the District, an employee, including a student employee, shall not have rights to work he or she creates on District time or using District technology resources. The District shall own any work or work product created by a District employee in the course and scope of his or her employment, including the right to obtain copyrights.
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Employee Ownership If the employee obtains a patent for such work, the employee shall grant a non-exclusive, non-transferable, perpetual, royalty-free, Districtwide license to the District for use of the patented work. A District employee shall own any work or work product produced on his or her own time, away from his or her job and with personal equipment and materials, including the right to obtain patents or copyrights. Permission A District employee may apply to the Superintendent or designee to use District materials and equipment in his or her creative projects, provided the employee agrees either to grant to the District a non-exclusive, non-transferable, perpetual, royalty-free, District-wide license to use the work, or permits the District to be listed as co-author or co-inventor if the District contribution to the work is substantial. District materials do not include student work, all rights to which are retained by the student. Works Made for Hire The District may hire an independent contractor for specially commissioned work(s) under a written works-made-for-hire agreement that provides that the District shall own the work product created under the agreement, as permitted by copyright law. Independent contractors shall comply with copyright law in all works commissioned. Return of Intellectual Property Upon the termination of any person's association with the District, all permission to possess, receive, or modify the District's intellectual property shall also immediately terminate. All such persons shall return to the District all intellectual property, including but not limited to any copies, no matter how kept or stored, and whether directly or indirectly possessed by such person. Copyright Unless the proposed use of a copyrighted work is an exception under the "fair use" guidelines maintained by the Superintendent or designee, the District shall require an employee or student to obtain a license or permission from the copyright holder before copying, modifying, displaying, performing, distributing, or otherwise employing the copyright holder's work for instructional, curricular, or extracurricular purposes. This policy does not apply to any work sufficiently documented to be in the public domain. Technology Use
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All persons are prohibited from using District technology in violation of any law including copyright law. Only appropriately licensed programs or software may be used with District technology resources. No person shall use the District's technology resources to post, publicize, or duplicate information in violation of copyright law. The Board shall direct the Superintendent or designee to employ all reasonable measures to prevent the use of District technology resources in violation of the law. All persons using District technology resources in violation of law shall lose user privileges in addition to other sanctions. [See BBI and CQ] Electronic Media Unless a license or permission is obtained, electronic media in the classroom, including motion pictures and other audiovisual works, must be used in the course of face-to-face teaching activities as defined by law. Designated Agent The District shall designate an agent to receive notification of alleged online copyright infringement and shall notify the U.S. Copyright Office of the designated agent's identity. The District shall include on its Web site information on how to contact the District's designated agent and a copy of the District's copyright policy. Upon notification, the District's designated agent shall take all actions necessary to remedy any violation. The District shall provide the designated agent appropriate training and resources necessary to protect the District. If a content owner reasonably believes that the District's technology resources have been used to infringe upon a copyright, the owner may notify the designated agent. Trademark The District protects all District and campus trademarks, including names, logos, mascots, and symbols, from unauthorized use. School-Related Use The District grants permission to students, student organizations, parent organizations and other District affiliated school-support or booster organizations to use, without charge, District and campus trademarks to promote a group of students, an activity or event, a campus, or the District, if the use is in furtherance of school-related business or activity. The Superintendent or designee shall determine what constitutes use in furtherance of school-related business or activity and is authorized to revoke permission if the use
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is improper or does not conform to administrative regulations. Public Use Members of the general public, outside organizations, vendors, commercial manufacturers, wholesalers, and retailers shall not use District trademarks without the written permission of the Superintendent or designee. Any production of merchandise with District trademarks for sale or distribution must be pursuant to a trademark licensing agreement and may be subject to the payment of royalties. Any individual, organization, or business that uses District trademarks without appropriate authorization shall be subject to legal action.
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McAllen ISD Challenge Form
Date Issued
Signature of Principal
Item Challenged:
Textbook
Material Type: Book
Music
Paperback
Video
Media Center Material
Computer software
Other (Please describe)
Filmstrip
Title of Item Challenged: Author/Editor of Item Challenged: Publisher/Producer:
Copyright date:
Name of Complainant:
Telephone:
Address:
City:
Zip Code:
If the complainant represents an organization or other group: Name of organization/group: _ Complainant’s position in the organization/group: Questions for the complainant: 1.
To what in the item do you object? (Please be specific – include pages or location)
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What do you feel may be the result of the use of this item? 2. For what age group do you recommend this item? 3. What are the positive aspects of the item? 4. Did you read, view, or listen to the entire item? 5. Have you read any professional criticism of this item? ​ _ 6. What do you believe is the theme of this item? ​ _ 7. What would you like to see as the outcome of this reconsideration? Do not assign this item to my child. Withdraw the item from all students as well as my child. Other 8. In its place, what replacement item of equal quality would you recommend that would convey as valuable a picture and perspective of our civilization?
Signed (Complainant)
Date:
Please return this form to the school principal. This form must be completed before the request for reconsideration can be processed. This matter shall be considered closed if the principal does not receive this signed and dated form within 10 school days of the postmark or date issued to the complainant.
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SAMPLE LETTER TO COMPLAINANT
Dear ___________________ Thank you for using the McAllen ISD Challenge Form. The district has developed procedures for selecting materials, but realizes that not everyone will agree with every selection made.
To help you understand the selection process, we are sending a copy of the county’s “Selection of Instructional Media Philosophy.” If you are still concerned after you review this material, please complete the “Request for Reconsideration” form and return it to me. You may be assured of prompt attention to your request. If I have not heard from you within ten (10) school days, we will assume you no longer wish to file a formal complaint.
Sincerely,
Principal