Sevier County School System

100 - SCHOOL ADMINISTRATION - GOALS AND OBJECTIVES
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

100 SCHOOL ADMINISTRATION - GOALS AND OBJECTIVES

Major goals of administration will be:

To manage the system's various resources effectively and efficiently;

To provide professional advice and counsel to the Board and to advisory groups established by Board action; and

To ensure effective learning programs by:

Keeping abreast of current educational developments;

Arranging for staff development;

Coordinating efforts to improve learning programs, facilities, equipment, and materials; and

Providing access to the decision-making process to staff, students, parents, and others.

Policy References
101 - CONFLICT OF INTEREST

101 CONFLICT OF INTEREST

Administrative and supervisory personnel shall have no financial interest, directly or indirectly, in supplying books, maps, school furniture, or apparatus for the schools or to act as agent for any author, publisher, bookseller, or dealer in school furniture or apparatus.

Policy References
102 - LINE AND STAFF RELATIONS

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

102 LINE AND STAFF RELATIONS

The superintendent will establish lines of authority, which will be approved by the Sevier County Board of Education.

All personnel are expected to keep the person to whom they are immediately responsible informed of their activities and will refer matters requiring administrative action to the administrator to whom they are responsible. That administrator will refer such matters to the next higher administrative authority when necessary.

All personnel will have the right to appeal any decision made by an administrative officer through grievance procedures established through board policy.

Lines of authority do not restrict the cooperative, sensible working together of all staff members at all levels. The established lines of authority represent direction, authority, responsibility, and avenues for a two-way flow of ideas to improve the program and operations of the school system.

Policy References
103 - SCHOOL SUPERINTENDENT

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

103 SCHOOL SUPERINTENDENT

The superintendent of schools will be the chief executive officer of the school system and will have, under direction of the Sevier County Board of Education, general supervision of all the public schools, personnel and departments of the Sevier County School System. The superintendent is responsible for the management of the schools under the Board's policies and is accountable to the Board for such management.

The superintendent, at his/her discretion, may delegate any of his/her duties to other school personnel.

Policy References
104 - SCHOOL SUPERINTENDENT - QUALIFICATIONS AND SELECTION
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

104 SCHOOL SUPERINTENDENT - QUALIFICATIONS AND SELECTION

Last Updated Date: 11/08/2021

The superintendent [i] shall be a person of literary attainment and experience in the art of teaching and school administration, and must possess a certificate of qualifications issued by the State Board of Education. Further, pursuant to Tennessee law, the superintendent must possess, at minimum, a baccalaureate degree.[ii]

This policy is also meant to confirm that the Board possesses a clear “method of accepting and reviewing applications and interviewing candidates for the position of” superintendent.[iii] This policy does not limit the Board, however, from appointing an interim superintendent in situations in which the current superintendent resigns, retires, passes, becomes disabled and cannot perform his/her essential functions, or is terminated.

When searching for a permanent superintendent, final selection shall rest with the Board. No member of the Board may apply for or in any other way be considered for the position of superintendent.[iv]

To initiate a search for a permanent superintendent, the Board must:

Establish a timeline to:

Accept resumes and applications;

Vote on narrowing initial applicants into a pool of finalists;

Interview finalists, which may be accomplished during a public workshop or in private meetings with individual members of the Board.

Meet publicly to vote on either selecting a superintendent from those finalists, or upon re-opening the process for additional applicants.

Upon the selection of a superintendent candidate, ask the Chairperson (or the Vice Chair) to work with the Board’s counsel to negotiate a written contract with the chosen candidate.[v]

Once the Chairperson, counsel and the chosen candidate have agreed upon a draft contract, meet publicly to discuss, modify, and/or approve said contract.

The Board may employ a superintendent with a written contract of up to four (4) years' duration, which may be renewed.

The Board may not, however, terminate or enter into a contract with any superintendent during a period extending from forty-five (45) days prior to the general school board election until thirty (30) days following the election, unless otherwise allowed by law.

To approve, modify, renew, suspend, or terminate a superintendent’s written contract, the Board must first provide public notice of its intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which such an action may be taken.[vi]

To approve, modify, renew, suspend, or terminate a superintendent’s written contract, the Board will attempt to act by unanimous vote; however, a simple majority vote of the total membership of the Board shall be required for such an action.

If the Board is satisfied with the performance of an interim superintendent, then the Board may forego the process at Section 1 and seek to hire such an interim for the permanent position under Sections 2-3.

Policy References

i A “director of schools may be referred to as superintendent, but all references to or duties or powers of… county superintendents of public instruction shall be deemed to be references to or powers or duties of the director of schools.” Tenn. Code Ann. § 49-2-301(a).
ii Tenn. Code Ann. § 49-2-301(d).
iii Tenn. Code Ann. § 49-2-203(a)(13)(B).
iv Tenn. Code Ann. § 49-2-203(a)(1)(D).
v If a contract cannot be reasonably negotiated or approved, the Board may meet again to select an alternate candidate for superintendent.
vi Tenn. Code Ann. § 49-2-203(a)(13)(A) & (C). Such a notice period is not required if the Board moves to terminate or suspend a superintendent’s written contract in cases concerning allegations of criminal or professional misconduct.
105 - SUPERINTENDENT OF SCHOOLS - DUTIES
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

105 SUPERINTENDENT OF SCHOOLS - DUTIES

The superintendent of schools' duties are as follows:

To act for the Board in seeing that all laws relating to the schools are faithfully executed;

To attend all meetings of the Board and to serve as a member of the Executive Committee without additional compensation;

To keep a complete and accurate record of the proceedings of all meetings of the Board and of its official acts;

To keep a detailed and accurate account of all receipts and disbursements of the public school funds;

To issue all warrants authorized by the Board for expenditures;

To make such recommendations to the Board he/she deems for the best interest of the public schools, but in no case will he/she have a vote;

To have general supervision of all schools, visit the schools from time to time and advise members of the Board as to their condition and means for improvement;

To require the use of the state course of study and the system of promoting students in accordance with the guidelines from the Commissioner of Education;

To sign all certificates and diplomas of students who complete courses of study;

To recommend to the Board all employees in the schools and their salaries, and to report all teachers elected and their salaries to the Commissioner of Education;

To assign teachers and other employees in the best interests of the schools, pending the approval of the Board;

To require all teachers to submit their certificates to teach, and to keep a complete record of same;

To file all contracts entered into with all employees of the Board;

To make a quarterly written report for the Board detailing all receipts and expenditures of the public school funds and submit it to the County Commission;

To report to the County Commissioner of Education whenever it appears that any portion of the school fund has been or is in danger of being misappropriated or illegally disposed or not collected;

To make reports to the Commissioner of Education when requested and make a full and complete report on forms furnished by the Commissioner of Education after the end of each school year;

To prepare annually, with the chairperson of the Board, a budget for the school system, to submit the same to the Board for its approval, and to present it to the County Commission for adoptions;

To give his/her full time and attention to the duties of his/her position as superintendent;

To deliver to his/her successor all records and official papers belonging to said position;

To file with the Commissioner of Education a copy of the budget adopted by the County Commission within ten (10) days after its adoption;

To grant any employee access at any reasonable time to his/her personnel file and to provide a copy of documents upon payment of reasonable compensation;

To establish a procedure where by an updated copy of the Rules, Regulations, and Minimum Standards of the State Board of Education are kept on file in each school library during normal school hours;

To ensure appropriate implementation of all Board policies; and

To perform such other official duties as may be prescribed by law.

The superintendent's duties and responsibilities regarding individual schools are as follows:

To furnish each principal with a copy of the manual for internal accounting and the necessary training and assistance to adequately use it;

To see that all recommendations of the annual audit are addressed by the principal;

To accomplish an orderly transfer of a school's financial records between an outgoing and an incoming principal;

To receive, review, and permanently file all internal accounting reports submitted by the principals and report any irregularities to the Board;

To take action to encourage the prompt submission of all reports herein described; and

To be familiar with and ensure appropriate implementation of all board policies.

Policy References
106 - SUPERINTENDENT - COMPENSATION, BENEFITS, AND EXPENSES

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

106 SUPERINTENDENT - COMPENSATION, BENEFITS, AND EXPENSES

The superintendent will be compensated at a rate set by the Board on an annual basis. Such compensation will be commensurate with his/her educational experience, academic preparation, and state requirements.

The superintendent will be entitled to the same employee benefits as professional employees of the school system.

The superintendent will receive reimbursement for expenses incurred in travel on behalf of the school system at the rate prescribed by the Board for all employees.

Policy References
107 - SUPERINTENDENT - PROFESSIONAL GROWTH OPPORTUNITIES

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

107 SUPERINTENDENT - PROFESSIONAL GROWTH OPPORTUNITIES

The superintendent of schools will stay abreast of educational trends by exploring new ideas and programs that may be used to the advantage of the school system. Funds will be budgeted annually for this purpose.

Policy References
108 - BOARD - SUPERINTENDENT RELATIONS

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

108 BOARD - SUPERINTENDENT RELATIONS

The Sevier County Board of Education will be responsible for specifying its requirements and expectations of the superintendent of schools. In turn, the superintendent will be responsible for specifying requirements and expectations for all administrators who report to him/her and then holding each accountable by evaluating how well requirements and expectations have been met.

The Board will authorize all expenditures, employ all personnel, approve the annual budget, and determine policy. The decisions of the Board concerning these matters will guide the actions of the superintendent and his/her staff.

Policy References
109 - ADMINISTRATIVE PERSONNEL

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

109 ADMINISTRATIVE PERSONNEL

The Sevier County Board of Education will elect personnel to serve on the administrative staff after considering the recommendations of the superintendent of schools. The superintendent may delegate authority to each staff member according to the staff member's competence and assignment.

Policy References
110 - ADMINISTRATIVE COMPENSATION GUIDES AND CONTRACTS
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

110 ADMINISTRATIVE COMPENSATION GUIDES AND CONTRACTS

Contracts for administrators and system-wide certificated personnel will be based on the upon the assigned work schedule by the Sevier County Board of Education. Personnel working twelve (12) months will have twenty-five (25) days of vacation in addition to five (5) paid holidays - Labor Day, Thanksgiving, Christmas, New Year's Day, and July 4. Personnel working eleven and one-half months (11 1/2) months will have thirty-five (35) days of vacation in addition to the holidays above. Personnel working eleven (11) months will have forty-five (45) days of vacation in addition to the holidays above. Personnel working ten (10) months will work these same two hundred day schedule as the teachers. Compensation for these personnel will be, as the professional contract requires except for those personnel on the negotiating team that are, by law, not covered by contract and are "management" personnel.

All certificated personnel will have:

A minimum of five (5) working days, to be used for in-service education; and

One (1) day of sick leave for each month of work scheduled.

Policy References
111 - ADMINISTRATIVE AND SUPERVISORY POSITIONS & QUALIFICATIONS

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

111 ADMINISTRATIVE AND SUPERVISORY POSITIONS & QUALIFICATIONS

All administrative and supervisory positions in the Sevier County School System are established initially by the Board, by state law, or State Board Rules, Regulations, and Minimum Standards.

In each case, the Board will approve the broad purpose and function of the position in accordance with state laws and state regulations, approve a statement of duties as recommended by the superintendent, and delegate to the superintendent the task of writing, or causing to be written, a job description for the position.

A copy of each job description will be provided to the employee and the immediate supervisor. A copy of all job descriptions will be maintained in the superintendent's office.

The superintendent will maintain a comprehensive, coordinated set of job descriptions for all such positions to promote efficiency and economy in the staff's operations.

To be considered for certificated administrative or supervisory positions, the applicant must have qualifications to include administrative or supervisory certification and experience in accordance with state law and State Board Rules and Regulations in the appropriate area based on the minimum of a master's degree.

Non-certified administrative and supervisory personnel will possess sufficient training and experience to perform the services required and such additional qualifications as the Board and the superintendent may determine.

Policy References
112 - DUTIES OF PRINCIPALS
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

112 DUTIES OF PRINCIPALS

The principal's duties at the school to which he/she is assigned are as follows:

Supervise the operation and management of personnel and facilities;

Assume administrative responsibility and instructional leadership for the planning, management, operation, and evaluation of the educational program;

Submit recommendations to the superintendent regarding the appointment and dismissal of all personnel;

Assign specific duties to all personnel assigned to the school in his/her care;

Keep the superintendent continually informed regarding the conditions of the school and its activities;

Maintain good public relations with the community and use the community resources to enrich the learning program;

Evaluate teachers and other personnel as required;

Assume responsibility for the implementation of curriculum guides for grade level;

Oversee the health and safety of students;

Requisition supplies and equipment and materials necessary to operate the school through the office through the appropriate channels;

Assume responsibility for having teachers' meetings, parent-teacher conferences, school activities, and exhibits;

Ensure the proper care and accounting for all equipment, textbooks, and supplies assigned to the school;

Assume responsibility for student teachers and give approval prior to a student teacher assuming duties;

Select substitute teachers from a list approved by the superintendent;

Report to the superintendent or his designee the names of all children on the list furnished to him/her that have not appeared for enrollment;

Administer the code of discipline and behavior within the school;

Administer the athletic program, if there is one, in accordance with board policy and TSSAA rules as appropriate;

Observe all other rules and regulations relative to the operation of the schools as established by law and as contained in the Rules, Regulations, and Minimum Standards of the State Board of Education;

Stay familiar with and ensure appropriate implementation of all board policies; and

Perform such other duties as may be assigned by the superintendent.

Policy References
113 - DUTIES OF SUPERVISOR OF INSTRUCTION
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

113 DUTIES OF SUPERVISOR OF INSTRUCTION

The duties of supervisors of instruction are as follows:

Act as resource persons for the superintendent, other administrative personnel, and teachers in curriculum planning and coordination;

Improve methods of teaching and help teachers who need assistance, with first priority to be given to non-tenured teachers;

Visit classrooms of teachers who need help;

Give assistance to teachers in locating resource materials, supplies, teaching aids, and books;

Make arrangements for in-service training activities;

Assist in the development of a sequence of instruction and learning from grade level to grade level;

Provide leadership for curriculum studies;

Meet with school faculties to assist in planning and other needed activities;

Assist principals in curriculum planning and scheduling;

Assist teachers in developing educational objectives appropriate to student needs and abilities; and

Perform such other duties as may be assigned by the superintendent and/or Board.

Policy References
114 - CONSULTANTS

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

114 CONSULTANTS

Administrative and supervisory personnel may be authorized by the superintendent to make consulting or speaking engagements of a professional nature outside the school system, provided that such commitments do not adversely affect the performance of system assignments. Personnel may accept honoraria in connection with these authorized out-of-system activities.

Policy References
115 - PROFESSIONAL DEVELOPMENT OPPORTUNITIES

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

115 PROFESSIONAL DEVELOPMENT OPPORTUNITIES

Administrative and supervisory personnel will attend in-service programs and institutes, will study professional literature, will meet with other professionals for discussion, and keep abreast of research in methodology, curriculum, and student growth and development.

Policy References
116 - ADMINISTRATIVE RULES AND OPERATING PROCEDURES

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

116 ADMINISTRATIVE RULES AND OPERATING PROCEDURES

The superintendent is responsible for implementing board policies and for interpreting them to staff, students, and the public.

The superintendent, in consultation with principals, staff members, and other persons, will develop administrative rules and operating procedures as necessary to implement board policies.

With the policies and regulation of the Board and the superintendent, principals are authorized to establish rules and procedures for the staff and students of their schools.

The superintendent will establish and maintain an orderly plan for making accessible to all employees the administrative rules and operating procedures.

Policy References
117 - CRISIS MANAGEMENT PLAN

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

117 CRISIS MANAGEMENT PLAN

Last Updated Date: 10/13/2014

School system personnel shall follow the confidential Crisis Management Plan as developed by the School System and shall keep the details of such Plan strictly confidential in accordance with Tennessee law. However, nothing in this policy shall be interpreted to prevent school administrators from discussing or distributing to parents or legal guardians regarding procedures for contacting or obtaining a child following a natural disaster.

Policy References
118 - SCHOOL BUS IDLING

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

118 SCHOOL BUS IDLING

Last Updated Date: 04/11/2005

This policy becomes effective on August 1, 2005, and applies to the operation of every system- owned school bus. Diesel exhaust from idling school buses can accumulate in and around the bus and pose a health risk to children, drivers, and the community at large. Exposure to diesel exhaust can cause lung damage and respiratory problems. Diesel exhaust also exacerbates asthma and existing allergies, and long-term exposure is thought to increase the risk of lung cancer. Idling buses also waste fuel and financial resources. Therefore, the system will eliminate all unnecessary idling by Sevier County school buses and will minimize idling time in all aspects of school bus operation.

When school bus drivers arrive at loading or unloading areas to drop off or pick up passengers, they will turn off the engine as soon as possible to eliminate unnecessary idling and reduce harmful emissions. The school bus will not be restarted until it is ready to depart and there is a clear path to exit the pick-up area. Exceptions include conditions that would compromise passenger safety such as extreme weather conditions and/or idling in traffic.

At school bus depots, limit the idling time during early morning warm-up to what is recommended by the manufacturer (generally 3-5 minutes), in all but the coldest weather.

Buses will not idle while waiting for students during field trips, extracurricular activities, or other events where students are transported off school grounds.

In colder weather, schools will provide space inside the school buildings where bus drivers can wait. In colder weather, if the warmth of the bus is an issue, idling will be at a very minimum and occur outside the school zone. The “warmed” bus is to enter the school zone as close to pick-up time as possible to maintain warmth and then shut down.

All service delivery vehicles will turn off engines while making deliveries to school buildings.

The transportation supervisor will revise bus schedules to avoid school bus caravanning and to insure the cleanest operating buses are assigned the longest routes. The supervisor will insure that a copy of this policy is given to each driver at the beginning of each school year and training is included in the annual in-service activities completed at the start of each school year.

Policy References
119 - SUPERVISION OF IMMEDIATE FAMILY

100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

119 SUPERVISION OF IMMEDIATE FAMILY

Last Updated Date: 08/10/2009

The Sevier County Board of Education is aware of the sensitive nature and the possible appearance of a conflict of interest when an employee is responsible for the supervision of an immediate family member. Therefore, the Board declares that an employee can not directly supervise an immediate family member. Immediate family is defined as parents, spouse, child (children), and/or sibling(s). Supervisors are defined to be directors, principals, assistant principals, cafeteria managers, and similar supervision situations that exist now or may exist in the future.

The Board further instructs the Director of Schools to make the necessary transfers during the summer of 2009 so that employees are not supervising immediate family members. After the beginning of school in August, 2009, there will no future examples of this practice in this school system.

Nothing in this policy is meant to express concern about immediate family members working at any location in this system as along as there is not a direct supervision situation that develops.

Policy References
120 - COMMUNITY USE OF SCHOOL BUSES
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

120 COMMUNITY USE OF SCHOOL BUSES

Last Updated Date: 10/12/2009

The Sevier County Board of Education maintains the power to purchase and utilize school buses. The Board primarily uses its buses to provide transportation to/from schools or to/from extracurricular events for students.

The Board may also permit the non-school usage of its property by members of the community. Under certain situations deemed “emergencies” by the Director of schools, the Board grants the Director and/or his/her designee discretion to approve/disapprove the non-school usage of buses by members of the community.

Those applying to the Director for emergency usage shall hereby agree to:

Contract with a driver(s) currently certified by the Board;

Provide an applicable certificate of insurance, if possible;

Sign an indemnification agreement as to liability, property damage, and other such costs;

Adhere to any state and federal traffic law, or other rules of the road;

Forbid the use of tobacco, alcohol, or other drugs on the buses;

Require passengers to act with common decency and refrain from any lewd activities;

Remove and clean-up any trash, debris, or other foreign materials from the buses;

Abstain from placing any banners or other materials on the buses’ exterior;

Reimburse the Board for any related costs and/or fees.

While the Director possesses sole discretion to approve/deny applications, those decisions shall remain both content neutral and non-discriminatory.

Downloads

Community Use of School Buses Form

Policy References
121 - VIDEO SURVEILLANCE
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

121 VIDEO SURVEILLANCE

Last Updated Date: 08/12/2019

The Sevier County Board of Education authorizes the use of video surveillance equipment on Board property (including but not limited to buildings, facilities, and school buses) as part of a multifaceted approach to protecting the safety and security of students, staff and property. Video surveillance shall be used only to promote the order, safety and security of students, staff and property.

The Board shall comply with all applicable state and federal laws related to video recordings when such recordings are considered and relied upon as part of the student’s behavioral record as determined by the Board’s administrators.

System Operation

Video cameras will be utilized on Board property as approved by the Director. The Board shall notify students, staff, and the public that video surveillance may occur on school property. Such notifications will occur through incorporation in the school parent/student handbook and through the Board’s website (www.sevier.org).

No concealed cameras will be installed. Equipment will not monitor areas where the public and employees have a reasonable expectation of privacy, such as locker rooms and adult and student restrooms. Video recording equipment may be in operation 24 hours per day, but this is not guaranteed.

The use of video surveillance equipment on school grounds shall be supervised and controlled by the building principal or his/her designee.

Audio shall not be a part of the video recordings made, reviewed, or stored by Board staff. Further, in-school audio or video recordings (including surveillance or live feeds) initiated by an individual student, parent, staff or community member are strictly prohibited. The Board takes the protection of its students and their confidentiality seriously, thus it takes steps to ensure students are not recorded or in any way monitored by third-parties while under the supervision of Sevier County Schools.

Staff and students are prohibited from unauthorized use, tampering with or otherwise interfering with video recordings and/or video camera equipment and will be subject to appropriate disciplinary action. Disciplinary action shall be consistent with Board standards and may include, but is not limited to written reprimand, suspension, demotion or termination depending upon the nature and severity of the situation.

The Board shall provide reasonable safeguards and controlled physical access to protect the surveillance system from unauthorized use.

Video monitors, at minimum, shall be located in an administrative office at the school. Video monitors shall not be located in an area that enables public viewing.

Building level administrators may view/review video recordings whenever necessary to maintain order or investigate improper conduct

Storage/Security

Video recordings will be stored for a minimum of ten school days after initial recording. The vehicle for storage will be dependent upon the type of system installed, which could vary from school to school and with the introduction of new technology.

Video recordings held for review of property or student incidents will be downloaded and maintained in a digital forum pending resolution, whenever possible. Recordings can also be copied for authorized law enforcement agencies, or retained as necessary as part of the student’s behavioral record.

Viewing Requests
All requests for review of video recordings or photographs obtained from those video recordings that are considered an educational record will take place as follows:

All viewing requests must be submitted in writing. Requests for viewing will be limited to those parents/guardians, students and/or district officials with a direct interest in the proceedings as authorized by the principal and only the portion of the video recording concerning the related specific incident will be made available for viewing.

Actual viewing will be permitted only at school-related sites including the school buildings, or central administrative offices.

All viewing of video footage will be under the supervision of the director of schools or his/her designee.

Video recordings will remain the property of the Board and may be reproduced only in accordance with law including applicable Board policy and regulations.

Video recordings not considered an educational record must be either subpoenaed or requested in accordance with state law.

Policy References
122 - STUDENT RECORDS POLICY
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

122 STUDENT RECORDS POLICY

Last Updated Date: 03/16/2015

PURPOSE

The purpose of this policy is to effectuate the provisions of the Family Educational Rights and Privacy Act (FERPA) at 20 U.S.C. §1232g and 34 C.F.R. §99.1, et seq., T.C.A. §§10-7-504 and 49-1-701, et seq., to afford parents, guardians, and students who are eighteen (18) years of age or older certain rights with respect to the student's education records maintained by the Sevier County Board of Education hereinafter referred to as (LEA) and the Tennessee Department of Education (TDOE).

DEFINITIONS

Education Records

The term education records means records, files, documents and other materials which:

Contain information directly related to a student, including: state and national assessment results, including information on untested public school students; course taking and completion, credits earned and other transcript information; course grades and grade point average; date of birth, grade level and expected graduation date or graduation cohort; degree, diploma, credential attainment and other school exit information such as receipt of the GED® and drop-out data; attendance and mobility; data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information; discipline reports limited to objective information sufficient to produce the federal Title IV annual incident report; remediation; special education data; demographic data and program participation information; and

Are maintained by LEA or a person acting for LEA

Personally Identifiable Information (PII)

Student's name;

Name of student's parent(s) or other family member;

Address of student or student's family;

A personal identifier, such as student's social security number, student number, or biometric record;

Other indirect identifiers, such as student's date of birth, place of birth, and mother's maiden name;

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

Information requested by a person who the LEA reasonably believes knows the identity of the student to whom the education record relates.

Directory Information

The term directory information relating to a student includes, but is not limited to:

Name

Physical and electronic mail address;

Telephone listing;

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;

Degrees and awards received; and

The most recent previous LEA or institution attended by the student.

LEA RESPONSIBILITIES

LEA shall:

Annually notify parents and guardians of their rights to request student information;

Annually notify parents and guardians of its definition of personally identifiable information;

Annually notify parents and guardians of its definition of directory information;

Adopt procedures to ensure security when providing student records to parents or guardians;

Adopt procedures to ensure student records and data are provided only to authorized individuals; and

Provide student records and data within forty-five (45) calendar days of a request.

LEA shall not collect individual student data on a student's:

Political affiliation;

Religion;

Voting history;

Firearms ownership.

LEA shall not collect individual student data on a student's biometrics, analysis of facial expression, EEG brain wave patterns, skin conductance, galvanic skin response, heart rate variability, pulse, blook volume, posturre, and eye-tracking, without written consent of the parent or student.

NOTICE FOR DIRECTORY INFORMATION

LEA must, with certain exceptions, obtain a parent’s written consent prior to the disclosure of personally identifiable information from a student’s education records. However, an LEA may disclose appropriately designated “directory information” without written consent, unless a parent has advised the LEA to the contrary in writing. The primary purpose of directory information is to allow the LEA to include this type of information in certain school publications. Examples include, but are not limited to:

A playbill, showing your student's role in a drama production;

The annual yearbook;

Honor roll or other recognition lists;

Graduation programs; and

Sports activity sheets, such as for football, basketball or wrestling, showing weight and height of team members.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require LEA, because it receives assistance receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA), to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised LEA that they do not want their student’s information disclosed without their prior written consent.

Annually, LEA must notify parents and students of information it will release as directory information, and of the parents’ right to exercise his/her right to advise LEA in writing that consent for release of such information is denied.

NOTICE OF PARENTAL RIGHTS CONCERNING EDUCATION RECORDS

The following notice of parental rights concerning education records shall be sent to all parents annually.

Parents' rights include:

The right to inspect and review the student's education records within forty-five (45) calendar days after the day LEA receives a request for access. Parents or students should submit to the school principal or designated LEA official a written request that identifies the records they wish to inspect. The principal or LEA official will make arrangements for access and notify the parent or student of the time and place where the records may be inspected.

The right to request amendment of the student’s education records that the parent or student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA and/or T.C.A. §49-1-701, et seq. Parents or students who wish to ask an LEA to amend a record should write the school principal or designated LEA official, clearly identify the part of the record they want changed, and specify why it should be changed. If the LEA decides not to amend the record as requested by the parent or student, the LEA will notify the parent or student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or student when notified of the right to a hearing.

The right to provide written consent before the LEA discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA and T.C.A. §49-1-701, et seq., authorize disclosure without consent. One exception, which permits disclosure without consent, is disclosure to LEA officials with legitimate educational interests. An LEA official is a person employed by the LEA as an administrator, supervisor, instructor, or support staff member. An LEA official also may include a contractor outside of the LEA who performs an institutional service or function for which the LEA would otherwise use its own employees and who is under the direct control of the LEA with respect to the use and maintenance of PII from education records, such as: an attorney, auditor, medical consultant, or therapist; or other contractor or volunteer assisting another LEA official in performing his or her tasks. An LEA official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the LEA discloses education records without consent to officials of another public school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.

The right to file a complaint with the U.S. Department of Education concerning alleged failures by the LEA to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

RESTRICTIONS ON DISCLOSURE OF EDUCATION RECORDS

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations and T.C.A. §49-1-701, et seq. Except for disclosures to LEA officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or student, 34 C.F.R. §99.32 of the FERPA regulations requires LEA to record the disclosure. Parents and students have a right to inspect and review the record of disclosures.

Pursuant to 34 C.F.R. §99.31, LEA may disclose PII from the education records of a student without obtaining prior written consent of the parents or the student under the following circumstances:

To other LEA officials, including teachers, within the LEA whom LEA has determined to have legitimate educational interests. This includes contractors, consultants, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in 34 C.F.R. §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met.

To officials of another school district or institution of post-secondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34.

To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State department of education. Disclosures under this provision may be made, subject to the requirements of 34 C.F.R. §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.

In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.

To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to 34 C.F.R. §99.38.

To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.

To accrediting organizations to carry out their accrediting functions.

To parents of a student if the student is a dependent for IRS tax purposes.

To appropriate officials in connection with a health or safety emergency, subject to 34 C.F.R. §99.36.

Information LEA has designated as “directory information” under 34 C.F.R. §99.37.

Policy References
123 - PUBLIC RECORDS REQUESTS
100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION

123 PUBLIC RECORDS REQUESTS

Last Updated Date: 09/19/2016

The director of schools shall maintain all school system records required by law, regulation and board policy. Any citizen of Tennessee, state official or other authorized person shall be permitted, upon written request, at a reasonable time, to inspect all records maintained by the school district unless otherwise prohibited by law, regulation or board policy.

Requests for school board records shall be made and responded to in accordance with the following process:

A citizen of Tennessee, state official, or other authorized person who seeks to inspect school board records shall make his or her request to the designated public records request coordinator in writing, in person, or via telephone. A request to make copies of school board records shall be made to the public records request coordinator in writing. The names of persons inspecting records and the date of inspection shall be recorded;

The public records request coordinator shall promptly make available school board records that do not require review and/or redaction. For school board records that require review and/or redaction, the public records request coordinator shall provide one of the following responses to the requestor within seven (7) business days of receipt of the request:

     a. Make records available;

     b. Provide a written denial, including grounds for denial; or

     c. Provide a written explanation of the length of time necessary to produce the records;

The school district shall charge to any authorized requester $0.15 per black and white copy and $0.50 per color copy of a school board record, unless it can show that the cost to produce a copy exceeds these amounts. The school district shall issue a bill and require payment before copying requested school board records; and

The Assistant Superintendent for Finance and Human Resources shall be designated as the public records request coordinator.

No records pertaining to individual students will be released for inspection by the public or any unauthorized persons pursuant to Board Policy No. 122.

Policy References

Series 100 - SCHOOL SYSTEM AND SCHOOL ADMINISTRATION