Legal Policies

expectant student rights policy

Title IX of the Education Amendments of 1972 (Title IX) protects the rights of expectant and parenting students, and encompassed in that protection is the right to a safe and supportive school environment. As such:

• Each governing authority of a public secondary school receiving (directly or indirectly) federal financial assistance must adopt a policy that complies with the requirements of Title IX, including—but not limited to—the following policy provisions:

  • Maintaining student confidentiality; ensuring a safe and supportive learning environment; promoting academic success; and implementing sensible attendance policies.

• Such a policy must be readily available to the public by posting on the school’s website or by other appropriate means.

Exceptional student seclusion and restraint policy (lA. R.S. 17:416.21)

The School Board recognizes that, for students to receive a free appropriate education (FAPE), a safe learning environment needs to be provided. In doing so, the School Board also recognizes that there are circumstances in school under which reasonable and appropriate measures and techniques will need to be employed in dealing with students with exceptionalities who pose an imminent risk of harm to themselves or others.

The School Board fully supports the use of positive behavior interventions and supports when addressing student behavior. The School Board reserves its right, however, to use physical restraint and/or seclusion consistent with state law to address the behavior of a student with a disability when school personnel reasonably believe the behavior poses an imminent risk of harm to the student or others. The School Board shall not preclude the use of physical restraint and/or seclusion performed consistent with the requirements of a student’s Individualized Education Program (IEP) or Behavior Support Plan (BSP). For the purpose of this policy:

1. Imminent risk of harm shall mean in immediate and impending threat of a person causing substantial physical injury to self or others.

2. Seclusion shall mean a procedure that isolates and confines a student in a separate room or area until he/she is no longer an immediate danger to self or others.

3. Seclusion room means a room or other confined area used on an individual basis, in which a student is removed from the regular classroom setting for a limited time to allow the student the opportunity to regain control in a private setting and from which the student is involuntarily prevented from leaving.

4. Mechanical restraint means the application of any device or object used to limit a person’s movement.

   Mechanical restraint does not include:

   a. A protective or stabilizing device used in accordance with the manufacturer’s instructions for the proper use and which is used in compliance with orders issued by an appropriately licensed healthcare provider; and

   b. Any device used by a duly licensed law enforcement officer in the execution of his/her official duties.

5. Physical restraint means bodily force used to limit a person’s movement. Physical restraint does not include:

   a. Consensual, solicited, or unintentional contact;

   b. Momentary blocking of a student’s action if the student’s action is likely to result in harm to the student or any other person. See La. R.S. 17:416.21(A)(3)(b)(ii);

   c. Holding of a student by one school employee, for the purpose of calming or comforting the student, provided the student’s freedom of movement or normal access to his/her body is not restricted;

   d. Minimal physical contact for the purpose of safely escorting a student from one area to another, or;

   e. Minimal physical contact for the purpose of assisting the student in completing a task or response.

6. Positive behavior interventions and support mean a systematic approach to embedding evidence-based practices and data-driven decision-making when addressing student behavior in order to improve the school climate and culture.

7. School employee means the teacher, paraprofessional, administrator, support staff member, or provider-related services.

   The parent or legal guardian of a student who has been placed in seclusion or physical restraint shall be notified as soon as possible. The student’s parents or legal guardian shall also be notified, in writing, within twenty-four (24) hours of each incident of seclusion or physical restraint. Such notice shall include the reason for such seclusion or physical restraint, the procedures used, the length of time of the student’s seclusion or physical restraint, and the names and titles of any school employees involved.

Technology and internet safety

Use of The Emerge School for Autism computer network and other resources is a privilege that will be extended to individuals who observe the expectations of acceptable use as outlined below. All users are expected to:

1. Use the network only for educational purposes only.

2. Use the network in a considerate and polite way at all times, particularly when communicating with others.

3. Use the network for legal purposes only: tampering with the computer hardware or software, unauthorized entry into computers, vandalism or destruction of computer files, and violating of copyright laws is prohibited.

4. Keep passwords and accounts private and respect the privacy of those of others.

student fee policy

• General Statement

  There are no fees associated with extracurricular activities, supplies, field trips, tuition, etc. for any students attending The Emerge School for Autism.

• Scope

  All current students.

• Administration

  The Program Administrators are responsible for the administration of this policy.

• Revisions

  All policy revisions will be initiated by the School Administrators.

Fraud Waste and Abuse Notice

Fight fraud waste and abuse

Contact the Louisiana Legislative Auditor (LLA) Hotline if you suspect the misappropriation (theft), fraud, waste, or abuse of public funds by anyone. Information provided to the LLA Hotline may result in an investigation, audit, or other review. When providing information to the LLA Hotline, please include sufficient detail (describing who, what, where, when, why, and how) to allow us to fully evaluate your information. Although we will consider anonymous information, providing us with your name and telephone number will allow us to contact you with any additional questions that we have. Your name and telephone number, as well as the status of complaints, are confidential.

Contacting the lla hotline is easy:

Toll-free: 1-844-50 FRAUD (503-7283)

Fax: 1-844-40 FRAUD (403-7283)

Online: ReportFraud.La

U.S. Mail: LLA Hotline, P.O. Box 94397, Baton Rouge, LA 70804

This document is required per R.S. 24:523.1, effective August 1, 2014.

Fraud Waste Abuse Notice-Document Accessibility

• If you have an accessibility issue with any documents shared on this page, please contact The Emerge School for Autism Executive Director at lbrown@emergeschool.org or call the school at 225-343-4232.

Classroom Cameras

CAMERAS IN SPECIAL EDUCATION CLASSROOMS/SETTINGS POLICY

The East Baton Rouge Parish School Board (Board or District), in accordance with La. R.S. 14:1948 requiring school districts to place, operate, and maintain video cameras with audio recording capability in certain Self-Contained Classrooms and Other Special Education Settings for students with disabilities, upon the request of a parent or legal guardian, for purpose of promoting student safety. The statue is intended to protect students who, because of a disability, may not be able to report mistreatment by district employees or other students. This policy has been specifically created for purposes of safety and compliance with Louisiana law.

I. APPLICABILITY

This policy is applicable to self-contained classrooms or other special education settings in which the majority of students in regular attendance are provided special education and related services and assigned to one or more self-contained classrooms or other special education settings for at least fifty percent (50%) of the instructional day and for which a parent or legal guardian (Eligible Requestor) of a student in that classroom has requested in writing a camera to be installed. This policy is not applicable to Special Education Classrooms and Other Special Education Settings where the only students with exceptionalities receiving special education and related services are those identified as gifted or talented under Louisiana Department of Education (LDE) Bulletin 1508 who have not been identified as also having a disability under Bulletin 1508 and served in special instructional settings for 50% of the day as described hereinabove.

II. PURPOSE

In accordance with Louisiana Revised Statutes §§ 17:1948, 17:3996(B)(59), and 44.4.1(B)(9) as amended, the Board adopts and implements this policy applicable to the installation and operation of audio/video recording cameras in certain special education classrooms, upon the written request of a parent or legal guardian; exceptions relative to public records; matters relative to funding and implementation; and other related matters. Audio/Video recording may be made available in certain Self-contained Classrooms and Other Special Education Settings for the purposes of promoting student safety in compliance with Louisiana law.

III. GENERAL

The Superintendent shall establish administrative procedures to implement this policy as required by law. The Superintendent shall designate an administrator (Designated District Representative) with responsibility for coordinating implementation of La. R.S. § 17:1948 in accordance with School Board policy and procedures. Parental/legal guardian requests for audio/video cameras may be made at any time and shall be made in writing as set forth in the School Board’s administrative procedures. A request for audio/video cameras remains valid for a period of one school year. A parent/legal guardian may only request installation of an

FILE: IDDFC

Cf:

East Baton Rouge Parish School Board (Adopted 10/__/2022) Page 2 of 2

audio/video camera for the self-contained classroom(s) or other special education setting(s) in which the parent’s/legal guardian’s child is in regular attendance.

The School Board shall respond to an audio/video camera request subject to this policy, authorizing the request or stating the reason for denial, in accordance with the School Board’s administrative procedures. Advance written notice of audio/video recording will be provided, as applicable, to affected parents/legal guardians and staff. Such notice of audio/video recording shall be posted at affected schools. The Board expects staff to be vigilant in their observation and protection of all students. If a staff member suspects that an audio/video recording shows a violation of federal or state law, the mandatory reporter must report the suspected violation to the Louisiana Department of Children and Family Services (DCFS) and/or the appropriate law enforcement agency in accordance with State law.

Audio/video recordings captured by the School Board will only be released for viewing to certain individuals as defined by Louisiana statute and the School Board’s administrative procedures. Viewings of audio/video recordings shall be limited to the Superintendent or his designee(s) (designated district representative(s)), the parent or legal guardian of a recorded student, or law enforcement officials, as part of an investigation regarding suspected violations of State or federal laws. District personnel or contractors whose job duties involve installation, operation, or maintenance of the audio/video equipment or the retention of the recordings shall have access to the equipment and recordings only to the extent necessary to fulfill their assigned responsibilities. Continual monitoring of an audio/video feed is prohibited. Standing or on-going requests for viewing recordings are not authorized.

Audio/video recordings are confidential but are not considered personally identifiable information as defined in La. R.S. § 17:3914. Audio/video recordings shall not be subject to public records requests. Specific exceptions, exemptions, and limitations to laws pertaining to public records are incorporated by reference into La. R.S. § 17:1948. Audio/video recordings shall be stored in a safe and secure manner whether on on-site or off-site servers or in cloud storage.

In accordance with State law, the Board will ensure retention of captured audio/video recordings for at least thirty (30) days after the recording date. The Superintendent and his designee(s) are authorized to dispose of recordings after a thirty (30) days period unless there is an outstanding request for viewing of the recording. No one has a right to obtain a copy of an audio/video recording except that a copy will be released at the request of the student’s parent or guardian in a legal proceeding.

The Board is authorized to accept, administer, and make use of federal, state, and local funds, and when appropriate, any public and private grants and donations for use in connection with the installation and operation of audio/video cameras. The use of Individuals with Disabilities Education Act (IDEA) funds and State special education funds to implement the requirements of this policy is prohibited. Any installed cameras must be in compliance with the National Fire Protection Association’s Life Safety Code. Complaints related to audio/video recording, requests for audio/video recording, or use of audio/video recording shall be filed through the Board’s local grievance procedures.

Complaint Policy

This policy outlines the procedures that have been established with respect to the receipt, treatment, and retention of complaints regarding The Emerge School, including the confidential, anonymous submission by employees and/or clients of their concerns regarding questionable matters (collectively, “Complaints”).

 Reporting your Concerns  

It is important to remember to be proactive in our approach while having an effective compliance program. We should always have our eyes and ears open for potential compliance issues.  

• Employees can report their concerns either to the Supervisor, the Compliance Liaison, any member of Senior Leadership or anonymously via the Compliance Hotline. o Compliance Liaison: Abigail Thomas, athomas@emergela.org / 225-663-6975.

Compliance Hotline: 844-570-Safe and use code 092887

Online: www.safewhistle.com/report and use code frKAqe

• Parents can report their concerns by phone or a confidential email to the HR Director or anonymously via the Compliance Hotline o HR Director: Lenia Segura Lewis, llewis@emergela.org/ 225-663-1901.

Compliance Hotline: 844-570-Safe and use code 092887

Online: www.safewhistle.com/report and use code frKAqe  

The message or email should identify the subject matter of the complaint and the practices that are alleged to constitute unprofessional behavior, abusive or unsatisfactory behavior with a child, any other code of conduct matters, making sure to provide as much detail as possible.

 Treatment of Complaints  

• The HR Director or the Compliance Liaison shall conduct an initial inquiry into each complaint.

• The status of any ongoing complaints will be reported to the Principal, and the CEO of Emerge

• The HR Director or the Compliance Liaison is authorized to take appropriate actions in response to any complaint.

• The Emerge School will not in any manner discriminate against any employee or parent based upon any lawful actions with respect to good faith reporting of complaints.

• The HR Director or Compliance Liaison will maintain a log of all complaints, tracking their receipt, investigation and resolution.

Records Request

Please note that records or reports not currently in the possession of the East Baton Rouge Parish School Board are governed by Louisiana Revised Statute 44:34 (https://www.legis.la.gov/Legis/Law.aspx?d=99702) and may be created by request and for a fee.  These records will require an additional time for response to requesting parties.

The East Baton Rouge Parish School System believes in providing access to public records in accordance with Louisiana Public Records Laws.

All persons and entities requesting records are required to sign a register, as indicated in the law, upon personal receipt of requested records