UMA Assurances & Policies

UST

Blue

Upper Mississippi Academy (UMA) Assurances and Policies, Sampler Orchestrated the collaborative development of required compliances (Minnesota Department of Education) and policies. Included herein: • Statement of Assurance • 504 Policy and Grievance Procedures • Multicultural, Inter-cultural, Non-Racist, Non-Sex-Bias, Gender and Disability Fair Education • Hazing Prohibition • Non-Discrimination - Title IX & Grievance Procedures

Monitoring and Compliance 1500 Highway 36 West Roseville, MN 55113

ED-00199-08 Due 11/15

Assurance of Compliance with State and Federal Law Prohibiting Discrimination

INSTRUCTIONS: Pursuant to Minnesota Statutes, section 127A.42, subdivision 3, each school board shall annually submit to the Commissioner of Education, a statement of compliance with state and federal laws prohibiting discrimination and provide the designated supporting information to assure that statement.

Complete this form as directed and return it to the above address by November 15. Retain a copy for your files.

IDENTIFICATION INFORMATION Upper Mississippi Academy

4210

School District Name

District Number

Bradley Blue

Director

612.991.0017

612.727.1307

Name of District Contact

Title

Telephone No.

FAX No.

STATEMENT OF ASSURANCE The undersigned hereby affirm that the above named school district is in compliance with the following state and federal laws prohibiting discrimination: 1. The Minnesota Human Rights Act (Minn. Stat. § 363A), which prohibits discrimination in education programs and activities on grounds of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, sexual orientation, disability or age.

2. Title VI of the Civil Rights Act of 1964 (42 USC 2000d, et. seq.; 34 C.F.R. Part 100), which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the district receives federal financial assistance.

3. Title VII of the Civil Rights Act of 1964 (42 USC 2000e, et. seq.; P.L. 88-352), as amended by the Equal Employment Opportunity Act of 1972 (P.L. 92-261), which prohibits discrimination in employment because of an individual’s race, color, religion, sex, or national origin.

4. Title IX of the Education Amendments of 1972 (20 USC § 1681; 34 C.F.R. Part 106), which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance.

5. The Age Discrimination in Employment Act of 1967 (29 USC § 621; 42 USC § 6101; 29 C.F.R. Part 860), which prohibits discrimination on the basis of age (over 40 years).

6. Minnesota Statutes, section 121A.04, which prohibits sex discrimination in athletic programs.

7. Minnesota Statutes, section 121A.03, which requires school districts to have a policy prohibiting sexual/racial/religion harassment and violence which applies to students, teachers, administrators and other school personnel.

8. Minnesota Rules, Chapter 3535, relating to equality of educational opportunity and school desegregation, and prohibition of discriminatory practices.

9. Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. part 104) prohibiting discrimination on the basis of disability.

Assurance of Compliance Certificate

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10. The American with Disabilities Act (42 USC § 12101, et seq.), also prohibiting discrimination on the basis of disability.

11. Minnesota Rules, part 3500.0550, relating to the Inclusive Educational Program Plan.

12. Denial of Equal Educational Opportunity Prohibited (20 USC § 1703).

13. Title VII of the Civil Rights Act of 1964 Pregnancy Discrimination Act (within Title VII) (42 USC § 2000 e(k)).

14. The Fair Housing Act (42 USC § 3601 et seq.; 24 C.F.R. part 100).

15. The Age Discrimination Act (42 USC § 6101 and 6102; 45 C.F.R. part 100).

16. Prohibition of Discrimination Based on Blindness (20 USC § 1684).

17. Office for Civil Rights Memo – September 27, 1991: Policy Update on Schools' Obligations Toward National Origin Minority Students With Limited-English Proficiency This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts, or other federal and state financial assistance extended after the date hereof to the district by the U.S. Department of Education and the Minnesota Department of Education (MDE), including installment payments after such date of application for federal financial assistance and state aid allotments which were approved before such date. The district recognizes and agrees that such federal and state financial assistance will be extended in reliance on the representations, supporting information required by Minnesota Statutes, section 127A.42, subdivision 3, and agreements made in this assurance. This assurance is binding on the district and the persons whose signatures appear below and who are authorized to sign on behalf of the district.

Furthermore, the undersigned hereby affirm that there is a copy of each of these laws in each building in the district and that the information given on pages two and three of this form is accurate and complete.

Signature:

Brad Blue

Brad Blue (Dec 20, 2013)

Email: brad.blue@umissacademy.org

Signature - School District Superintendent Signature:

Date

Bonnie K Holub (Jan 18, 2014)

Email: bonnie.holub@gmail.com

Signature - President or Chairperson of School Board Signature:

Date

Marcia Houtz

Marcia Houtz (Jan 18, 2014)

Email: marciahoutz@mac.com

Signature - Clerk of School Board

Date

Blue Signature: Brad Brad Blue (Jan 20, 2014) Email: bradbblue@gmail.com

Assurance of Compliance Certificate

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504 POLICY AND GRIEVANCE PROCEDURES I. PURPOSE Students may be disabled under Section 504 even though the students do not require special education services. It is the intention of Upper Mississippi Academy (UMA) to ensure that all students who are disabled within the definition of Section 504 are identified, evaluated, and provided appropriate educational services.

UMA staff will consider the existence of a disability and possible Section 504 protection in the following circumstances: • When suspension or expulsion is being considered for any student; • When a student shows a pattern of not benefiting from the instruction being provided; • When a student returns to school after a serious illness or injury; • When a student exhibits a chronic health condition (lasting 6 months or longer); • When substance abuse is an issue; and • When a disability of any kind is suspected.

II. REFERRAL, IDENTIFICATION, PLANNING, AND REVIEW The designated Section 504 Coordinator will utilize the following Section 504 process: A. Referral: Student, parent, or staff member who believe they are observing in another student substantially limited performance in one or more major life activities may refer the student by completing the Section 504 referral form and submitting it. The Section 504 committee will convene, review the referral, and based upon review of the student records, including academic, social, medical, and behavioral, will make a decision regarding the need to evaluate.

B. Does the student appear to have a disability under Section 504? If yes, the Coordinator will proceed with the evaluation upon receipt of parent’s written permission. All evaluation activities deemed appropriate will be employed. The 504 committee will review the results of the evaluation. No final determination of whether the student will or will not be identified as a handicapped individual, within the meaning of Section 504, will be made by the committee without first inviting the parent/guardian to participate in a meeting concerning such a determination. After initial evaluation activities have been completed, the Coordinator will invite the parent to a final evaluation meeting.

C. Develop accommodation plan: If the student qualifies as disabled under Section 504, the UMA team will develop an accommodation plan for the student. The educational services shall be implemented as outlined in the Student Accommodation Plan. One individual will be designated as the case manager to monitor the implementation of the plan and the progress of the student.

D. Periodic review: Each student accommodation plan will be reviewed periodically and at a minimum, the accommodation plan shall be reviewed annually.

III. REPORTING PROCEDURES Upper Mississippi Academy has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Health and Human Services regulations (45 C.F.R. Part 84), implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794). Complaints should be filled with the 504 Coordinator.

1. A complaint should be in writing, contain the name and address of the person filing it, and briefly describe the discriminatory act.

2. A complaint should be filed in the office of the Section 504 Coordinator within 30 days after the person filing the complaint becomes aware of the alleged discriminatory act.

3. The Human Rights Officer will investigate the complaint. The investigation will be informal but thorough, affording all interested persons and their representatives an opportunity to submit evidence relevant to the complaint.

4. The Human Rights Officer shall issue a written decision determining the validity of the complaint no later than 30 days after its filing.

5. The Section 504 Coordinator shall maintain the files and records relating to all complaints filed. The Section 504 Coordinator may assist persons with the preparation and filing of complaints, participate in the investigation of complaints, and advise the Board Chair concerning their resolution.

Upper Mississippi Academy | 504 Policy & Grievance Procedures | rev. 01.28.2014

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6. An individual who files a complaint may pursue other remedies. This includes filing with: Lisa Simeone, Regional Manager Office for Civil Rights U.S. Department of Health and Human Services 233 N. Michigan Avenue, Suite 240 Chicago, IL 60601 p: 312.886.2359 f: 312.886.1807

reference: 29 U.S.C. § 794 (Section 504 of the Rehabilitation Act of 1973) 34 C.F.R. Part 104

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MULTICULTURAL, INTERCULTURAL, NON-RACIST, NON-SEX-BIASED, GENDER AND DISABILITY FAIR EDUCATION Upper Mississippi Academy (UMA) shall adopt and shall teach a multicultural, intercultural, non-racist, non-sex-biased, gender and disability-fair curriculum in all subject areas. This curriculum shall integrate the existing course content of all disciplines’ learning experiences, which include the history, culture, heritage, contributions, and perspectives of all peoples in an equitable and accurate manner. Instruction shall prepare students to live productively in a pluralistic society by engaging them in multicultural, gender and disability-fair activities that respect human dignity and enhance the development of self-worth of students and staff.

reference: Minnesota Rule § 3500.0550

Upper Mississippi Academy |Inclusion Eucation Plan (Curriculum) | rev. 01.28.2014

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HAZING PROHIBITION POLICY I. PURPOSE The purpose of this policy is to maintain a safe learning environment for students and staff that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of Upper Mississippi Academy (UMA) and are prohibited at all times.

II. GENERAL STATEMENT OF POLICY a. No teacher, student, administrator, volunteer, contractor or other UMA employee shall plan, direct, encourage, aid or engage in hazing. b. No teacher, administrator, volunteer, contractor or other UMA employee shall permit, condone or tolerate hazing. c. Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in this policy. d. This policy applies to behavior that occurs on or off UMA property and during and after school hours. e. A person who engages in an act that violates school policy or law in order to be initiated into or affiliated with a student organization shall be subject to discipline for that act. f. UMA will act to investigate all complaints of hazing and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other UMA employee who is found to have violated this policy.

III. DEFINITIONS A. “Hazing” means committing an act against a student, or coercing a student into committing an act, that creates a substantial risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose. The term hazing includes, but is not limited to: a. Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking or placing a harmful substance on the body. b. Any type of physical activity such as sleep deprivation, exposure to weather, confinement in a restricted area, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student. c. Any activity involving the consumption of any alcoholic beverage, drug, tobacco product, or any other food, liquid or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental health, or dignity of the student or discourages the student from remaining in school. d. Any activity that causes or requires the student to perform a task that involves violation of state or federal law or of UMA policies or regulations.

B. “Student organization” means a group, club or organization having students as its primary members or participants. It includes grade levels, classes, teams, activities or particular school events. A student organization does not have to be an official school organization to come within the terms of this definition.

IV. REPORTING PROCEDURES a. Any person who believes he or she has been the victim of hazing or any person with knowledge or belief of conduct which may constitute hazing shall report the alleged acts immediately to an appropriate UMA official designated by this policy. b. The Director is the person responsible for receiving reports of hazing. Any person may report hazing directly to a UMA human rights officer or to the Board Chair. c. Teachers, administrators, volunteers, contractors, and other UMA employees shall be particularly alert to possible situations, circumstances or events which might include hazing. Any such person who receives a report of, observes, or has other knowledge or belief of conduct which may constitute hazing shall inform the Director immediately. d. Submission of a good faith complaint or report of hazing will not affect the complainant or reporter’s future employment, grades, or work assignments.

V. SCHOOL DISTRICT ACTION a. Any person who believes he or she has been the victim of hazing or any person with knowledge or belief of conduct which may constitute hazing shall report the alleged acts immediately to an appropriate UMA official designated by this policy. b. The Director is the person responsible for receiving reports of hazing. Any person may report hazing directly to a UMA

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human rights officer or to the Board Chair. c. Teachers, administrators, volunteers, contractors and other UMA employees shall be particularly alert to possible situations, circumstances or events which might include hazing. Any such person who receives a report of, observes, or has other knowledge or belief of conduct which may constitute hazing shall inform the Lead Teacher immediately. d. Submission of a good faith complaint or report of hazing will not affect the complainant or reporter’s future employment, grades or work assignments.

V. SCHOOL DISTRICT ACTION Upon receipt of a complaint or report of hazing, UMA shall undertake or authorize an investigation by UMA officials or a third party designated by UMA. reference: MSBA/MASA Model Policy 526 Orig. 1997 Rev. 1999

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NON-DISCRIMINATION - TITLE IX POLICY & GRIEVANCE POLICY I. PURPOSE Students are protected from discrimination on the basis of sex pursuant to Title IX of the Education Amendments of 1972 and the Minnesota Human Rights Act. The purpose of this policy is to provide equal educational opportunity for all students and to prohibit discrimination on the basis of sex.

II. GENERAL STATEMENT OF POLICY Upper Mississippi Academy (UMA) provides equal educational opportunity for all students and does not unlawfully discriminate on the basis of sex. No student will be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any educational program or activity operated by UMA on the basis of sex.

It is the responsibility of every UMA employee to comply with this policy. Any student, parent or guardian having questions regarding this policy should discuss it with the Director of UMA. III. REPORTING PROCEDURES The UMA board hereby designates the Director as the UMA Title IX Coordinator and authorizes the Coordinator to receive reports, complaints or grievances of unlawful sex discrimination toward a student. If the complaint involves the Title IX Coordinator the complaint shall be filed directly with the UMA Board Chair.

UMA shall visibly post the name of the Title IX Coordinator, including mailing address and telephone number. Any student who believes they have been the victim of unlawful sex discrimination by a teacher, administrator or other UMA personnel, or any person with knowledge or belief of conduct which may constitute unlawful sex discrimination toward a student should report the alleged acts immediately to an appropriate UMA official designated by this policy or may file a grievance.

Oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting unlawful sex discrimination toward a student directly to UMA Title IX Coordinator or to the UMA Board Chair.

Upon receipt of a report or grievance, the student’s parent or guardian must be notified as soon as possible, without screening or investigating the report. A written statement of the facts alleged will be forwarded as soon as practicable by the Title IX Coordinator to the student’s parent or guardian. If the report was given verbally, Title IX Coordinator shall personally reduce it to written form within 24 hours. Failure to forward any report or complaint of unlawful sex discrimination toward a student as provided herein may result in disciplinary action against any UMA employee. If the complaint involves the Title IX Coordinator, the complaint shall be made or filed directly with the UMA Board Chair by the reporting party or complainant.

Submission of a good faith complaint, grievance or report of unlawful sex discrimination toward a student will not affect the complainant’s or reporter’s future employment, grades or work assignments. UMA will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses, as much as possible, consistent with UMA’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.

IV. INVESTIGATION By authority of the school board of UMA, the Title IX Coordinator, upon receipt of a report, complaint or grievance alleging unlawful sex discrimination toward a student, shall promptly undertake or authorize an investigation. The investigation may be conducted by UMA officials or by a third party designated by UMA. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

In determining whether alleged conduct constitutes a violation of this policy, UMA should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

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In addition, UMA may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged unlawful sex discrimination toward a student.

Investigation should be completed as soon as possible. The Title IX Coordinator may make a written report. If the complaint involves the Director of Title IX Coordinator, the report may be filed directly with the school board chair. The report shall include a summary of facts and a determination of whether the allegations have been substantiated.

V. UMA ACTION Upon conclusion of the investigation and receipt of a report, UMA will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. UMA action taken for violation of this policy will be consistent with requirements of Minnesota and federal law, and UMA policies.

The result of UMA’s investigation of each complaint filed under these procedures should be reported in writing to the complainant by UMA in accordance with state and federal law regarding data or records privacy.

VI. REPRISAL UMA will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful sex discrimination toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful sex discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

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