Annual Notices

Madison Metropolitan School District Annual Notice of Special Education Referral and Evaluation Procedures

Upon request, the Madison Metropolitan School District is required to evaluate a child for eligibility for special education services.  A request for evaluation is known as a referral.  When the District receives a referral, the District will appoint an Individualized Education Program (IEP) team to determine if the child has a disability, and if the child needs special education services.  The District locates, identifies, and evaluates all children with disabilities who are enrolled by their parents in private (including religious) schools, elementary schools and secondary schools located in the School District.  When school staff reasonably believe a child is a child with a disability, they refer the child for evaluation by a School District Individualized Education Program (IEP) team.

A physician, nurse, psychologist, social worker, or administrator of a social agency who reasonably believes a child brought to him or her for services is a child with a disability has a legal duty to refer the child, including a homeless child, to the school district in which the child resides.  Before referring the child, the person making the referral must inform the child’s parent that the referral will be made.

Others, including parents, who reasonably believe a child is a child with a disability may also refer the child, including a homeless child, to the school district in which the child resides.

Referrals must be in writing and include the reason why the person believes the child is a child with a disability.  A referral may be made by contacting Nancy Molfenter, Associate Superintendent of Student Services, Madison Metropolitan School District, at (608) 575-4269 or by writing her at Madison Metropolitan School District, 545 W. Dayton St., Madison, WI 53703.

Madison Metropolitan School District Annual Notice of Confidentiality of Personally Identifiable Information, Student Record Information Rights Under the Protection of Pupil Rights Amendment (PPRA)

Pupil records include all records relating to individual pupils maintained by a school in any way (including, but not limited to, handwriting, computer storage media, video and audiotape, film, microfilm, and microfiche), except for any such records that are expressly excluded from the definition of pupil records by law (such as records maintained for personal use by a teacher and not available to others and records available only to persons involved in the psychological treatment of a child).  Personally identifiable information about a student includes data contained within a pupil record including but not limited to: (a) The student's name;  (b) The name of the student's parent or other family members; (c) The address of the student or student's family; (d) A personal identifier, such as the student's social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name;  (f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or  (g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

The School District maintains several classes of pupil records.

• "Progress records" include grades, courses the child has taken, the child’s attendance record, immunization records, required lead screening records, and records of school extra-curricular activities.  Progress records must be maintained for seven years after the child graduates or otherwise ceases to be enrolled.  
• "Behavioral records" include such records as psychological tests, personality evaluations, records of conversations, written statements relating specifically to the pupil’s behavior, tests relating specifically to achievement or measurement of ability, physical health records other than immunization and lead screening records, law enforcement officers’ records, and other pupil records that are not "progress records." Law enforcement officers’ records are maintained separately from other pupil records.  Behavioral records may be maintained for no longer than one year after the child graduates or otherwise ceases to be enrolled, unless the parent specifies in writing that the records may be maintained for a longer period of time. At the request of the child’s parents, the School District destroys the information that is no longer needed.
• "Directory data" includes the student’s name, address, telephone listing (unless the number is unlisted), date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, photographs, degrees and awards received, and the most recent previous educational agency or institution  attended by the student. 
• "Pupil physical health records"  include basic health information about a pupil, including the pupil's immunization records, an emergency medical card, a log of first aid and medicine administered to the pupil, an athletic permit card, a record concerning the pupil's ability to participate in an education program, any required lead screening records, the results of any routine screening test, such as for hearing, vision or scoliosis, and any follow-up to the test, and any other basic health information, as determined by the State Superintendent.  Any pupil record relating to a pupil’s physical health that is not a pupil physical health record is treated as a patient health care record under sections 146.81 to 146.84, Wisconsin Statutes. Any pupil record concerning HIV testing is treated as provided under section 252.15, Wisconsin Statutes.

The Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), and section 118.125, Wisconsin Statutes, afford parents and students over 18 years of age ("eligible students") the following rights with respect to education records: 

The right to inspect and review the student’s education records within 45 days of receipt of the request.  Parents or eligible students should submit to the school principal a written request that identifies the records(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. The School District will comply with the request without unnecessary delay and before any meeting about an individualized education program, or any due process hearing, and in no case more than 45 days after the request has been made. If any record includes information on more than one child, the parents of those children have the right to inspect and review only the information about their child or to be informed of that specific information. Upon request, the School District will give a parent or eligible student a copy of the progress records and a copy of the behavioral records.  Such copies are subject to the District’s copy fee pursuant to Board Policy No. 4150.  Upon request, the School District will give the parent or eligible student a list of the types and locations of education records collected, maintained, or used by the District for special education. The School District will respond to reasonable requests for explanations and interpretations of the records. A representative of the parent may inspect and review the records with parent permission.

The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate, misleading or otherwise violative of the student’s privacy rights.  Parents or eligible students may ask Madison Metropolitan School District to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify the reason for requesting the change (i.e. why the record or a portion thereof is inaccurate or misleading). If the District decides not to amend the record, the District will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

The right to consent to disclosures of personally identifiable information in the student’s education records, except to the extent that federal and state law authorize disclosure without consent.  The exceptions are stated in 34 CFR 99.31, Family Educational Rights and Privacy Act regulations; Sec. 9528, PL107-110, No Child Left Behind Act of 2001; and section 118.125(2)(a) to (p) and sub. (2m), Wisconsin Statutes.  

One exception that permits disclosure without consent is disclosures to school officials with legitimate educational interests.  A school official is a person employed by the District as an administrator, supervisor, instructor (including off-site, four-year-old kindergarten teachers), or support staff member (including health or medical staff); a member of the School Board; a person or entity with whom the District has contracted to perform a special task (such as an attorney, auditor, bus contractor, medical consultant, or therapist); a law enforcement officer who is individually designated by the School Board and assigned by the School District (commonly referred to as an Educational Resource Officer or ERO); or a volunteer, fieldwork student, student teacher, unpaid intern or official committee member expressly authorized by the District to assist another school official in performing a school function. A school official has a legitimate educational interest if the official needs to review or know the contents of an education record in order to fulfill his or her professional responsibility. 

Upon request, the District discloses education records without consent to officials of another school district in which a student has enrolled or intends to enroll.  

Also, to the extent consistent with Board of Education policy governing “directory data,” the District may disclose student "directory data" without consent, unless the parent notifies the District that such information may not be released without prior parental consent.  A parent must notify the District of a decision to opt-out of the disclosure of “directory data” within 14 days of receiving annual notice of the District’s “directory data” policy.  

The District may also disclose personally identifiable information without consent if the disclosure is necessary to protect the health or safety of a student or other persons.  

In accordance with federal law and District policy, the District will disclose each secondary student’s name, address and telephone listing to a military recruiter or institution of higher education, upon request, unless parents or eligible students have completed and submitted District forms opting out of such disclosures.  See Sec. 9528, PL107-110, No Child Left Behind Act of 2001; Sec. 544, PL 107-107, National Defense Authorization Act for Fiscal Year 2002; and Board of Education Policy 4156.

Finally, the right to file a complaint with the U. S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-4605.

Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

PPRA affords parents certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to: 

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

1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as r equired by law to determine program eligibility.

• Receive notice and an opportunity to opt a student out of –

1. Any other protected information survey, regardless of funding;
2. Any non-emergency, 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
3. Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others.

 

• Inspect, upon request and before administration or use –

1. Protected information surveys of students;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum.

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

The Madison Metropolitan School District will notify parents at least annually at the start of each school year, and after any substantive changes, of the policies related to arrangements 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.  The Madison Metropolitan School District will also directly notify parents of students who are scheduled to participate in the specific activities or surveys subject to PPRA and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. 

Parents or students 18 years of age or older 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. 20202-8520

Our district has a vision that every child will graduate from high school ready for college, career and community. A large part of accomplishing that is offering a variety of opportunities so that all students have what they need to be successful.

Below are links to options available for students in the Madison area. We encourage you to explore these options to determine if one of these options is the best fit for your child. Please also feel comfortable contacting us directly to have your questions answered.

Pursuant to Wisconsin State Statute 115.28 (54m), notice must be provided regarding the educational options available to all students who are at least three years old, but not yet 18 years old. Each of the following areas linked below represent educational options for students in Madison, Wisconsin.

All students and parents of students are hereby provided notice of Board of Education Policy 4039 which, upon the request of a student or parent, provides for the reasonable accommodation of a pupil’s sincerely held religious beliefs with regard to all examinations and other academic requirements. A complaint under Board of Education Policy 4039 may be filed using the same procedures outlined in Board Policy 4620 for complaints of discrimination against students.

All Career and Technical Education (CTE) opportunities will be offered on a nondiscriminatory basis. CTE prepares students to be college, career, and community ready by providing integrated core academics within rigorous and relevant curriculum, employability skills, as well as technical and career-specific skills. At the Madison Metropolitan School District, CTE Career pathways are a series of connected education, experiential learning, and support strategies aimed at helping students personalize and achieve their educational and career goals. A brief summary of program offerings can be found on the MMSD CTE webpage.

Contact information for the district's Title IX Coordinator can be found on the MMSD Equal Opportunity webpage.

The district's Section 504 staff contacts can be found on the Section 504 webpage.

NOTICE OF SPECIAL NEEDS SCHOLARSHIP PROGRAM
This notice serves to inform parents and guardians of students with disabilities that the State of Wisconsin has established the Special Needs Scholarship Program. Under this scholarship program and as further specified in state law, a child with a disability who has been denied the opportunity to attend a nonresident school district under the full-time open enrollment program may be eligible to receive a scholarship from the Department of Public Instruction (DPI) that allows the child to attend an eligible private school that is participating in the Special Needs Scholarship Program.

This is a state-administered program. A parent or guardian who is interested in the Special Needs Scholarship Program should independently verify the participating private schools and the specific terms, eligibility criteria, and application procedures of the scholarship program with the DPI.

The Special Needs Scholarship Program is further defined under section 115.7915 of the state statutes. However, special eligibility requirements not found in that statute exist for program scholarships that are awarded for private school attendance that initially begins in the 2016-17 school year. Additional information about the program should be available on the website of the Wisconsin Department of Public Instruction: http://dpi.wi.gov/.