Public Notices And Policies
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Special Education Services and Programs
New Media Technology Charter School
The undersigned Charter School located in Philadelphia County insures that all children with disabilities residing in its boundaries, including children with disabilities, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated. This responsibility is required by a federal law called the Individuals with Disabilities Act Amendment of 1997 (IDEA '97).
In accordance with IDEA '97 the undersigned Charter School publishes a notice to parents, in newspapers and makes use of public opportunities on radio and television, before any major identification, location, or evaluation activity. Further, these charter schools notify parents annually of their confidentiality rights. To comply with the requirements of the IDEA '97 and the Family Educational Rights and Privacy Act of 1974 (FERPA), the following is the annual public notice for the undersigned Charter School.
This Charter School provides a free and appropriate public education to school age children with disabilities who need special education and related services and are identified as eligible for special education if they need specially designed instruction and have one or more of the following physical or mental disabilities.
Except as indicated above or otherwise announced publicly, screening activities take place on an on-going basis throughout the school year. Screenings are conducted in the Charter School site unless other arrangements are necessary. If parents need additional information about the purpose, time and location of the screening activities, they should call or write to the Charter School.
Evaluation When screening indicates that a student may be exceptional, the Charter School will seek parental consent to conduct an evaluation. "Evaluation" means procedures used in the determination of whether a child has a disability and the nature and the extent of the special education and related services the child needs. The term means procedures used selectively with an individual child and does not mean basic tests administered to or procedures used with all children.
This evaluation is called a multidisciplinary evaluation (MDE). The MDE is conducted by a multidisciplinary team (MDT), which must include at least a school psychologist, a teacher, and parents. The MDE process will be conducted in accordance with specific timelines and will include protection-in-evaluation procedures. For example, tests and procedures used as part of the multidisciplinary evaluation will not be radically or culturally biased.
The MDE process will result in a written evaluation report called a Comprehensive Evaluation Report (CER). This report makes recommendations about a student's eligibility for special education based on the presence of a disability and the needs for specially designed instruction. Once parental consent for the evaluation is obtained, the undersigned charter schools follow timelines and procedures specified by law.
Parents who think their child is eligible for special education may request, at any time, that the Charter School conduct a multidisciplinary evaluation. Requests for a multidisciplinary evaluation should be made in writing to the Principal of the School in which the child is enrolled (that is, elementary or upper division). If a parent makes an oral request for a multidisciplinary evaluation, the Charter School Special Education Office will provide the parent with a form for that purpose.
Education Placement The determination of whether a student is eligible for special education is made by an Individualized Education Program (IEP) team. A single test or procedure will not be the sole factor in determining that a child is exceptional. The IEP team will include at least two members in addition to the parent(s). Other members will include at least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment), at least one special education teacher, or where appropriate, at least one special education provider, and a representative of the Charter School. If the student is determined to be exceptional, the IEP team will develop a written education plan called an IEP. The IEP will be based on the results of the multidisciplinary evaluation. The IEP team may decide that a student is not eligible for special education. In that instance, recommendations for education and programming in regular education will be developed from the Comprehensiv Evaluation Report.
An IEP describes a student's current education levels, goals, objectives, and the individualized programs and services, which the student will receive. IEP's will be reviewed on an annual basis. The IEP team will make decisions about the type of services, the level of intervention, and the location of the intervention.
Services for Qualified Handicapped Students Students who are not eligible to receive special education programs and services may qualify as handicapped students under federal statutes and regulations intended to prevent discrimination (34 CFR Part 104). The undersigned Charter Schools will ensure that qualified handicapped students have equal opportunity to participate in the Charter program including extra curricular activities to the maximum extent appropriate for each individual student. In compliance with state and federal law, the undersigned Charter Schools will provide to each qualified handicapped student (without discrimination or cost to the student or family), those related aids, services, or accommodations which are needed to provide equal opportunity to participate in and to obtain the benefits of the Charter program and extracurricular activities to the maximum extent appropriate to the student's abilities. In order to be a qualified handicapped student, the child must be of school age with a physical or mental disability which substantially limits or prohibits participation in or access to any aspect of the Charter program.
These services and protections for qualified handicapped students may be distinct from those applicable to eligible or thought-to-be eligible students. The Charter School or the parent may initiate an evaluation if either believes that a specific student is a qualified handicapped student. For further information on the evaluation procedures and provision of services to qualified handicapped students, parents should contact the appropriate Charter School Site Director's Office.
Confidentiality The undersigned Charter School protects the confidentiality of personally identifiable information regarding its eligible, thought to be eligible, and qualified handicapped students (if not protected by IDEA '97) in accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA) and other applicable federal and state laws, policies and regulations.
"Education records" means those records that are directly related to the student, including computer media and videotape, which are maintained by an educational agency or by a party acting for the agency. "Educational agency", for purposes of this notice, means all of the undersigned Charter Schools. For all students, these Charter Schools maintain education records which include but are not limited to:
New Media Technology Charter School
The undersigned Charter School located in Philadelphia County insures that all children with disabilities residing in its boundaries, including children with disabilities, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated. This responsibility is required by a federal law called the Individuals with Disabilities Act Amendment of 1997 (IDEA '97).
In accordance with IDEA '97 the undersigned Charter School publishes a notice to parents, in newspapers and makes use of public opportunities on radio and television, before any major identification, location, or evaluation activity. Further, these charter schools notify parents annually of their confidentiality rights. To comply with the requirements of the IDEA '97 and the Family Educational Rights and Privacy Act of 1974 (FERPA), the following is the annual public notice for the undersigned Charter School.
This Charter School provides a free and appropriate public education to school age children with disabilities who need special education and related services and are identified as eligible for special education if they need specially designed instruction and have one or more of the following physical or mental disabilities.
- Autism/ Pervasive Developmental Disorder
- Serious Emotional Disturbance
- Neurological impairment
- Deafness/ hearing impairment
- Specific learning disability
- Mental retardation
- Multi-handicap
- Other health impairment
- Physical disability
- Speech and language impairment
- Blindness/ visual impairment
Except as indicated above or otherwise announced publicly, screening activities take place on an on-going basis throughout the school year. Screenings are conducted in the Charter School site unless other arrangements are necessary. If parents need additional information about the purpose, time and location of the screening activities, they should call or write to the Charter School.
Evaluation When screening indicates that a student may be exceptional, the Charter School will seek parental consent to conduct an evaluation. "Evaluation" means procedures used in the determination of whether a child has a disability and the nature and the extent of the special education and related services the child needs. The term means procedures used selectively with an individual child and does not mean basic tests administered to or procedures used with all children.
This evaluation is called a multidisciplinary evaluation (MDE). The MDE is conducted by a multidisciplinary team (MDT), which must include at least a school psychologist, a teacher, and parents. The MDE process will be conducted in accordance with specific timelines and will include protection-in-evaluation procedures. For example, tests and procedures used as part of the multidisciplinary evaluation will not be radically or culturally biased.
The MDE process will result in a written evaluation report called a Comprehensive Evaluation Report (CER). This report makes recommendations about a student's eligibility for special education based on the presence of a disability and the needs for specially designed instruction. Once parental consent for the evaluation is obtained, the undersigned charter schools follow timelines and procedures specified by law.
Parents who think their child is eligible for special education may request, at any time, that the Charter School conduct a multidisciplinary evaluation. Requests for a multidisciplinary evaluation should be made in writing to the Principal of the School in which the child is enrolled (that is, elementary or upper division). If a parent makes an oral request for a multidisciplinary evaluation, the Charter School Special Education Office will provide the parent with a form for that purpose.
Education Placement The determination of whether a student is eligible for special education is made by an Individualized Education Program (IEP) team. A single test or procedure will not be the sole factor in determining that a child is exceptional. The IEP team will include at least two members in addition to the parent(s). Other members will include at least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment), at least one special education teacher, or where appropriate, at least one special education provider, and a representative of the Charter School. If the student is determined to be exceptional, the IEP team will develop a written education plan called an IEP. The IEP will be based on the results of the multidisciplinary evaluation. The IEP team may decide that a student is not eligible for special education. In that instance, recommendations for education and programming in regular education will be developed from the Comprehensiv Evaluation Report.
An IEP describes a student's current education levels, goals, objectives, and the individualized programs and services, which the student will receive. IEP's will be reviewed on an annual basis. The IEP team will make decisions about the type of services, the level of intervention, and the location of the intervention.
Services for Qualified Handicapped Students Students who are not eligible to receive special education programs and services may qualify as handicapped students under federal statutes and regulations intended to prevent discrimination (34 CFR Part 104). The undersigned Charter Schools will ensure that qualified handicapped students have equal opportunity to participate in the Charter program including extra curricular activities to the maximum extent appropriate for each individual student. In compliance with state and federal law, the undersigned Charter Schools will provide to each qualified handicapped student (without discrimination or cost to the student or family), those related aids, services, or accommodations which are needed to provide equal opportunity to participate in and to obtain the benefits of the Charter program and extracurricular activities to the maximum extent appropriate to the student's abilities. In order to be a qualified handicapped student, the child must be of school age with a physical or mental disability which substantially limits or prohibits participation in or access to any aspect of the Charter program.
These services and protections for qualified handicapped students may be distinct from those applicable to eligible or thought-to-be eligible students. The Charter School or the parent may initiate an evaluation if either believes that a specific student is a qualified handicapped student. For further information on the evaluation procedures and provision of services to qualified handicapped students, parents should contact the appropriate Charter School Site Director's Office.
Confidentiality The undersigned Charter School protects the confidentiality of personally identifiable information regarding its eligible, thought to be eligible, and qualified handicapped students (if not protected by IDEA '97) in accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA) and other applicable federal and state laws, policies and regulations.
"Education records" means those records that are directly related to the student, including computer media and videotape, which are maintained by an educational agency or by a party acting for the agency. "Educational agency", for purposes of this notice, means all of the undersigned Charter Schools. For all students, these Charter Schools maintain education records which include but are not limited to:
- Personally identifiable information- confidential information that includes, but is not limited to, the students name, name of parents and other family members, the address of the student or the student's family, and personal information or personal characteristics which would make the student's identity easily traceable.
- Directory information- information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy, if disclosed. It includes, but is not limited to, the student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended.
- The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. They are:
- Parents have the right to inspect and review a child's education record. The Charter School will comply with this request to inspect and to review education records without unnecessary delay and before any meeting regarding an IEP or any due process hearing, but in no case more than 30 days after the request has been made. Requests should be submitted in writing, to the appropriate Site Director or other designated Charter School officials, indicating the records the parents wish to inspect. Parents will receive a response from the Charter for reasonable requests for explanations and interpretations of the records. Parents may request and receive copies of the records. While the Charter will not charge a fee to search for or to retrieve information, it may charge a copying fee as long as it does not effectively prevent the parents from exercising their right to inspect and review the records. Parents have the right to appoint a representative to inspect and review their child's records. If any education record contains information on more than one child, parents have the right to inspect and to review only the information relating to their child.
- If parents believe that information in an education record is inaccurate, misleading, or violates the privacy or other rights of their child, they may request an amendment to the record. Requests should be in writing and must specifically identify the part of the record they want changed, and specify why it is inaccurate or misleading. The Charter School will decide whether or not to amend the record and will notify the parents in writing of its decision. If the Charter School refuses to amend the record, it will notify the parents of their right to a hearing to challenge the disputed information. Additional information regarding the hearing procedures will be provided to the parents or eligible student when notified of the right to a hearing. The Charter School will inform parents when personally identifiable information is no longer needed to provide educational services to a child. Such information must be destroyed at the request of the parents. Parents have a right to receive a copy of the material to be destroyed. However, a permanent record of a student's name, address, and telephone number, his or her grades, attendance record, classes attended, grade level completed, and year completed, and year completed may be obtained without time limitation. "Destruction" of records means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable The undersigned Charter School will provide upon request, a listing of the types and locations of education records maintained, the Charter officials responsible for these records, and the Charter personnel authorized to see personally identifiable information. Such personnel will receive training and instruction regarding confidentiality. The Charter keeps a record of parties obtaining access to education records, including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
- Parents have the right to consent to disclosures of personally identifiable Information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. "Consent" means the parent(s) have been fully informed regarding the activity requiring consent, in their native language or other mode of communication; they understand and agree in writing to the activity; and they understand and agree in writing to the activity; and they understand that consent is voluntary and may be revoked at any time, information may be disclosed without consent to the Charter officials with legitimate educational interests. A Charter School official is a person employed by the Charter. The School District of Philadelphia (the chartering district), or the intermediate unit as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); state agency representative, person or company with whom the Charter has been contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, or assisting another Charter official in performing his or her tasks. A Charter official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility. Director information may be released without parental consent. Parents have the right to refuse to let an agency designate any or all of the above information as directory information. Upon written request, the Charter School will disclose educational records without consent to officials of another Charter School or school district in which a student seeks or intends to enroll.
- Parents have the right to file a complaint with the U.S. Department of Education concerning alleged failures by NMTCS to comply with the requirements of FERPA. Complaints may be filed with the Family Policy Office, U.S. Department of Education, 400 Maryland Avenue, S.W. Washington D.C. 20202-4605
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ANTI-BULLYING POLICY
The Board of Trustees (“Board”) recognizes the importance of a safe school environment to the education process of New Media Technology Charter School. The Board has determined that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. Bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment. Because students learn by example, school administrators, faculty, staff and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect and refusing to tolerate bullying.
Bullying is any gesture or written, verbal, graphic, or physical act (including electronically transmitted acts - i.e. Internet, cell phone, personal digital assistant (PDA), or wireless hand held device) that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression; or a mental, physical, or sensory disability or impairment; or by any other distinguishing characteristic. Such behavior is considered bullying whether it takes place on or off school property, at any school-sponsored function, or in a school vehicle.
"Bullying" is conduct that meets all of the following criteria:
· is directed at one or more pupils;
· occurs in a school setting;
· is severe, persistent or pervasive;
· substantially interferes with educational opportunities, benefits, or programs of one or more pupils;
· adversely affects the ability of a pupil to participate in or benefit from the school's educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing emotional distress;
· is based on a pupil's actual or perceived distinguishing characteristic (see above), or is based on an association with another person who has or is perceived to have any of these characteristics; and
· substantially disrupting the orderly operation of the school and “school setting” shall mean in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervise or sanctioned by the school.
The Board expects students to conduct themselves in a manner in keeping with their levels of development, maturity, and demonstrated capabilities with a proper regard for the rights and welfare of other students, school staff, volunteers, and contractors.
The Board believes that standards for student behavior must be set cooperatively through interaction among the students, parents and guardians, staff, and community members of the school, producing an atmosphere that encourages students to grow in self-discipline. The development of this atmosphere requires respect for self and others, as well as for school and community property on the part of students, staff, and community members.
Since bystander support of bullying can support these behaviors, the school prohibits both active and passive support for acts of bullying. The staff should encourage students to support students who walk away from these acts when they see them, constructively attempt to stop them, or report them to the designated authority.
Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of bullying may range from positive behavioral interventions up to and including suspension or expulsion, in the case of a student, or suspension or termination in the case of an employee, as set forth in the school's approved code of student conduct or employee handbook.
Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student's history of problem behaviors and performance, and must be consistent with the school's approved code of student conduct. Remedial measures shall be designed to accomplish any of the following: correct the problem behavior; prevent another occurrence of the behavior; and protect the victim of the act. Effective discipline should employ a school-wide approach to adopt a rubric of bullying offenses and the associated consequences.
The Board requires the Chief Executive Officer of the school to be responsible for receiving complaints alleging violations of this policy. All school employees are required to report alleged violations of this policy to the Chief Executive Officer. All other members of the school community, including students, parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy. Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.
The Board requires the Chief Executive Officer to be responsible for determining whether an alleged act constitutes a violation of this policy. In so doing, the Chief Executive Officer shall conduct a prompt, thorough, and complete investigation of each alleged incident. The investigation is to be completed within three school days after a report or complaint is made. The Board prohibits reprisal or retaliation against any person who reports an act of bullying. The consequences and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity, and circumstances of the act.
The Board prohibits any person from falsely accusing another of bullying. The consequences and appropriate remedial action for a person found to have falsely accused another of bullying may range from positive behavioral interventions up to and including suspension or expulsion. Consequences and appropriate remedial action for a school employee found to have falsely accused another of bullying shall be discipline in accordance with school policies, procedures, and agreements.
The Board requires school officials to annually disseminate the anti-bullying policy to all school staff, students, and parents, along with a statement explaining that it applies to all applicable acts of bullying that occur on school property, at school-sponsored functions, or in a school vehicle.
New Media Technology Charter School will comply with federal, state and local laws relating to bullying.
New Media Technology Charter School will comply with federal, state and local laws regarding the discipline of special education students who engage in an act of bullying.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
The Board of Trustees (“Board”) recognizes the importance of a safe school environment to the education process of New Media Technology Charter School. The Board has determined that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. Bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment. Because students learn by example, school administrators, faculty, staff and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect and refusing to tolerate bullying.
Bullying is any gesture or written, verbal, graphic, or physical act (including electronically transmitted acts - i.e. Internet, cell phone, personal digital assistant (PDA), or wireless hand held device) that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression; or a mental, physical, or sensory disability or impairment; or by any other distinguishing characteristic. Such behavior is considered bullying whether it takes place on or off school property, at any school-sponsored function, or in a school vehicle.
"Bullying" is conduct that meets all of the following criteria:
· is directed at one or more pupils;
· occurs in a school setting;
· is severe, persistent or pervasive;
· substantially interferes with educational opportunities, benefits, or programs of one or more pupils;
· adversely affects the ability of a pupil to participate in or benefit from the school's educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing emotional distress;
· is based on a pupil's actual or perceived distinguishing characteristic (see above), or is based on an association with another person who has or is perceived to have any of these characteristics; and
· substantially disrupting the orderly operation of the school and “school setting” shall mean in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervise or sanctioned by the school.
The Board expects students to conduct themselves in a manner in keeping with their levels of development, maturity, and demonstrated capabilities with a proper regard for the rights and welfare of other students, school staff, volunteers, and contractors.
The Board believes that standards for student behavior must be set cooperatively through interaction among the students, parents and guardians, staff, and community members of the school, producing an atmosphere that encourages students to grow in self-discipline. The development of this atmosphere requires respect for self and others, as well as for school and community property on the part of students, staff, and community members.
Since bystander support of bullying can support these behaviors, the school prohibits both active and passive support for acts of bullying. The staff should encourage students to support students who walk away from these acts when they see them, constructively attempt to stop them, or report them to the designated authority.
Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of bullying may range from positive behavioral interventions up to and including suspension or expulsion, in the case of a student, or suspension or termination in the case of an employee, as set forth in the school's approved code of student conduct or employee handbook.
Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student's history of problem behaviors and performance, and must be consistent with the school's approved code of student conduct. Remedial measures shall be designed to accomplish any of the following: correct the problem behavior; prevent another occurrence of the behavior; and protect the victim of the act. Effective discipline should employ a school-wide approach to adopt a rubric of bullying offenses and the associated consequences.
The Board requires the Chief Executive Officer of the school to be responsible for receiving complaints alleging violations of this policy. All school employees are required to report alleged violations of this policy to the Chief Executive Officer. All other members of the school community, including students, parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy. Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.
The Board requires the Chief Executive Officer to be responsible for determining whether an alleged act constitutes a violation of this policy. In so doing, the Chief Executive Officer shall conduct a prompt, thorough, and complete investigation of each alleged incident. The investigation is to be completed within three school days after a report or complaint is made. The Board prohibits reprisal or retaliation against any person who reports an act of bullying. The consequences and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity, and circumstances of the act.
The Board prohibits any person from falsely accusing another of bullying. The consequences and appropriate remedial action for a person found to have falsely accused another of bullying may range from positive behavioral interventions up to and including suspension or expulsion. Consequences and appropriate remedial action for a school employee found to have falsely accused another of bullying shall be discipline in accordance with school policies, procedures, and agreements.
The Board requires school officials to annually disseminate the anti-bullying policy to all school staff, students, and parents, along with a statement explaining that it applies to all applicable acts of bullying that occur on school property, at school-sponsored functions, or in a school vehicle.
New Media Technology Charter School will comply with federal, state and local laws relating to bullying.
New Media Technology Charter School will comply with federal, state and local laws regarding the discipline of special education students who engage in an act of bullying.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
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600. OPERATIONS
601. RIGHT-TO-KNOW POLICY
Date Adopted: 4/17/02
Revised: 11/19/08
1. Background
On February 14, 2008, the Governor signed Pennsylvania’s new Right-to-Know Law, Act 3 of 2008. The final portions of the new Right-to-Know Law became effective as of January 1, 2009.
The Board of Trustees of the New Media Technology Charter School (“NMTCS”) has elected to enact this policy and procedure to allow early implementation of the Open Records Law.
Language in this Policy has been drafted taking into consideration the Right-to-Know Law and information available from and through the Office of Open Records and Pennsylvania Department of Education. Nothing in this policy shall be construed to conflict with applicable state and/or federal laws, including but not limited to the Right-to-Know Law and any and all applicable common law and cases developing from the Right-to-Know Law and/or interpreting the Right-to-Know Law. In the event the Right-to-Know Law is amended or otherwise revised, this Policy shall be interpreted to incorporate any revisions or changes to the Right- to-Know Law without the need for Board action.
2. Definitions
Denial of a Request:
A request is deemed denied if one of the following conditions occurs: (i) the Open Records Officer receiving a written Open Records Request fails to respond within the initial 5 business-day period; (ii) the Open Records Officer extends the 5 business-day period by up to 30 calendar-days, but then fails to respond by the end of that extended period; or (iii) the Open Records Officer notifies the Requester that it requires additional time to respond in excess of the permitted 30 calendar-day period.
Mailing:
The mailing date shall be the date affixed to a response to a request for access to records, which is to be the date the response is deposited in the United States Mail or, for a person submitting a request or exceptions, the date of the postmark on the envelope transmitting the request or exceptions.
Open Records Officer:
The Open Records Officer for NMTCS shall be the Chief Executive Officer. In the event that a new Chief Executive Officer is named by the Board, that official shall assume the role and duties of the Open Records Officer without the need for further Board Action.
Open Records Request for Public Documents:
An Open Records Request is defined as either (i) a written request submitted to the Open Records Officer asking for access to a Record, a copy of a Record or information purported to be in the possession of the School; or (ii) a written request (but not Exceptions or appeal) presented to the Open Records Office that invokes the Act.
Public Record:
For purposes of this policy, a record of NMTCS is public provided the record is not:
1. exempt under the right to Know Law;
2. exempt from being disclosed under any other Federal or State law or regulation or judicial order or decree; or
3. protected by a privilege.
A Record is defined as any document maintained by NMTCS, in any form, whether public or not.
Requester:
A Requester is a person that is a legal resident of the United States and requests a record pursuant to the Right-to Know Law. The term includes an Agency.
Response:
The Open Records Officer’s response may be either (i) the act of providing the Requester with access to a record, or (ii) the Open Records Officer’s written notice granting, denying or partially granting and partially denying access to a record.
The function of the Open Records Officer is to receive all Open Records Requests directed to NMTCS; to coordinate the preparation of a Response; to track the progress in responding to Right-to-Know Requests; and, to prepare interim and final Responses to Requests in compliance with the Right-to-Know Law
Public Records Access Room:
NMTCS may designate a Public Records Access Room. The function of a Public Records Access Room is to provide a specific established site where Requesters may have physical access to some or all of the school’s Public Records. If the Board elects not to establish such a room, the Open Records Officer shall determine on an ad hoc basis the building and room where Public Records will be made available to a Requester and the hours of availability.
In either instance the Open Records Officer has the discretion to establish procedures that govern the use of that room including, but not limited to, the hours of access, the need and adequacy of proof of identification, restrictions or prohibitions on the removal of Records, the use of written requests and the ability of a Requester to bring his or her own photocopying or other equipment into the room.
3. Procedure for Requesting Records
A. Requests.
(1) Oral requests. The Right-to-Know Act does not require that NMTCS respond to oral requests. The Open Records Officer shall refuse to accept any oral request.
(2) Anonymous requests. The Right-to-Know Act does not require that NMTCS respond to Anonymous requests. The Open Records Officer shall refuse to accept any written request that does not identify the Requester.
(3) Non-anonymous written requests. The Act requires that Open Records Officer act upon each non-anonymous written request when such request is submitted in person, by mail, or by facsimile or e-mail.
(a) Contents of a request. The Act sets forth various specifications for the contents of a written request. The Right-to-Know Act requires that the requester submit a request in writing to the Open Records Officer on a form to be provided by the Open Records Officer or on the Official form issued by the Office of Open Records. The request must be addressed to the Open Records Officer and must set forth the name and address where NMTCS should address its response. The request should identify or describe the Records sought with sufficient specificity to enable the School to ascertain which Records are being requested. The written request may be submitted in person, by mail, facsimile or email. Any NMTCS Employee or Board Member who receives a request directed to the Open Records Officer shall immediately forward that request to the Open Records Officer.
The Act provides that the Requester need not include the reason for the request or the intended use of the Records. Therefore, the School shall not insist that such a statement be provided, nor shall it reject or refuse a request on the grounds that no such reason was given.
(b) Forms. The School may create or adopt forms for use by Requesters in preparing written requests. In the absence of a form created by NMTCS, the Open Records Office’s official Form must be used.
(4) Identification:. The Act provides that the School provide a Requester with access to a Public Record if the Requester is a legal resident of the United States. NMTCS may require that the Requester produce photographic identification, to the extent allowed by the Right-to-Know Law.
B. Submittal of Open Records Requests.
All Open Records Requests are to be addressed to:
Office of the Chief Executive Officer
New Media Technology Charter School
8034 Thouron Avenue
Philadelphia, PA 19150
The School shall post this information on its website and shall post it at a location that is publicly accessible.
C. Duty to Provide a Prompt Response to an Open Records Request.
(1) Five (5) business-day period. Section 3.3(a) of the Act provides that, upon receipt of a written Open Records Request, the School must make a good faith effort to determine if the requested Record is a Public Record and to respond as promptly as possible under the circumstances existing at the time of the request, and that this time shall not exceed five (5) business days from the date the written request is received by the School’s Open Records Officer.
(2) The five (5) business day period does not begin to run until the School’s designated Open Records Officer has received a request. If an Open Records Request is submitted to the School or to some Officer or employee of the School other than the Open Records Officer, the five (5) business day period has not yet begun.
(3) The Act provides that either a final or an interim written response must be made within five (5) business days from the date that the Open Records Officer received the request. If the Open Records Officer fails to respond within that time period, the Open Records Request is deemed denied.
(4) 30 calendar-day extension period. Although, in general, the Act and this Policy contemplates that Requesters will receive a Response within the five (5) business day period, it also provides the School with certain specific exceptions to invoke a single extension of time, which may not exceed 30 calendar days. If an extension is invoked and then there is no timely Response, the Open Records Request is deemed denied. Likewise, if the Open Records Officer notifies the Requester that it needs more than the maximum of 30 days, the request is deemed denied.
D. Processing of Open Records Requests by the Open Records Officer.
(1) Upon receiving an Open Records Request, the Open Records Officer shall, at a minimum, promptly complete the following tasks:
(a) Date-stamp the Open Records Request or otherwise note the date of receipt on the Open Records Request.
(b) Compute the day on which the five (5) business day period will expire and make a notation of that date.
(c) Make a paper copy of the Open Records Request, including all documents submitted with it and the envelope (if any) in which it was received.
(d) Create an official file for the retention of the original Open Records Request.
(e) Record the Open Records Request in the system used by the School for tracking Open Records Requests.
(f) Make a good faith effort to determine if the record requested is a public record and if NMTCS has possession, custody or control of the record.
(g) Maintain a copy of NMTCS’s response to the request.
(2) For purposes of determining the five (5) business-day period:
(a) A business day shall be from 9:00 a.m. until 4:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday, except those days when the offices of the School are closed for all or part of a day due to a holiday; due to severe weather (such as a blizzard or ice storm); due to natural or other disaster; or due to the request or direction of local, state, or federal law enforcement officers.
(b) Any Open Records Request received by the Open Records Officer after the close of its regular business hours shall be deemed received by that office on the following business day.
(c) For purposes of determining the end of the five (5) business day period, the day that an Open Records Request is received (or deemed received) is not counted. The first day of the five (5) business day period is the School’s next business day.
E. Responses.
(1) The act of providing a Requester with physical access to a document or a copy of the requested Record, in the Open Records Office, is a “Response” for purposes of this Open Records Policy. Unless the School issues written policies to the contrary, only the Open Records Officer possesses the authority to permit this access.
(2) Where timely access is not provided in accordance with Paragraph (1) above, the Act requires that the School’s Response be in writing. The Open Records Officer has the duty to prepare and send written Responses. In preparing a written Response, the Open Records Officer should consult, as necessary, with the Solicitor.
(3) The School is not required to create a Public Record that does not already exist, nor is the School required to compile, maintain, format, or organize a Public Record in a manner in which the School does not currently do so. The Open Records Officer may respond to a records request by notifying the Requester that the record is available through publically accessible electronic means or that the Charter School will provide access to inspect the record electronically. If the Requester is unwilling or unable to access the record electronically, the Requester may, within thirty days following receipt of the notification, submit a written request to the Open Records Officer to have the record converted to paper. The Charter School shall provide access to the record in printed form within five days of the receipt of the written request for conversion to paper.
(4) The Open Records Office shall send written Responses to Requesters by one of the following, in its discretion: United States mail, facsimile transmission; electronic transmission; overnight or parcel delivery service; or, courier delivery.
F. Physical Access to Public Records.
(1) The Act requires that, unless otherwise provided by law, a public record, financial record or legislative record shall be accessible for inspection and duplication in accordance with the Right-to-Know Law and this Policy. The records will be made accessible to the Requester during the regular business hours of the School. Unless the School adopts written policies to the contrary, the regular business hours of the School for purposes of the Act are from 9:00 a.m. until 4:00 p.m. on any business day.
(2) Access shall be provided by the Open Records Officer either in the Open Records Office or the Public Records Access Room, at the discretion of the Open Records Officer, depending on the size, complexity or other circumstances of the request.
G. Interim Written Responses/Notice of Review
(1) The Act requires that the School must provide a Response to an Open Records Request within five (5) business days unless one or more specific conditions are satisfied and the School gives the Requester written notice that additional time will be required. That notice is referred to as an “Interim Response.”
(2) The written notice shall include a statement notifying the Requester that the request for access is being reviewed, the reason for the review, a reasonable date that a response is expected to be provided and an estimate of applicable fees owed when the record becomes available. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed for in the Right-to-Know Law, the request for access shall be deemed denied unless the Requester has agreed in writing to an extension to the date specified in the notice. If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice provided by the Charter School.
(3) The circumstances in which the School may send a written interim notice to the Requester are as follows:
(a) the request for access requires redaction of a record in accordance with the Right to Know Law;
(b) the request for access requires the retrieval of a record stored in a remote location;
(c) a timely response to the request for access cannot be accomplished due to bona fide and specified staffing limitations;
(d) a legal review is necessary to determine whether the record is a record subject to access under this act;
(e) the Requester has not complied with the agency’s policies regarding access to records;
(f) the Requester refuses to pay applicable fees authorized by this act; or
(g) the extent or nature of the request precludes a response within the required time period.
H. Written Final Responses.
(1) Types of final Responses. The Act provides for three types of written final Responses:
(a) The School grants the entire Open Records Request.
(b) The School refuses the entire Open Records Request.
(c) The School grants part of the Open Records Request and refuses the remainder.
(2) Deemed Denials. The failure of the School to make a timely final Response is a Deemed Denial under the terms of the Act.
(3) Final Responses that deny Open Records Requests, either in whole or in part shall be in writing by the Open Records Officer and include all of the following:
(i) A description of the record requested.
(ii) The specific reasons for the denial, including a citation of
supporting legal authority.
(iii) The typed or printed name, title, business address,
business telephone number and signature of the Open
Records Officer on whose authority the denial is issued.
(iv) Date of the response.
(v) The procedure to appeal the denial of access under the
Right-to-Know Law and the name and mailing address of the Open Records Exceptions Office.
(4) Inaction by the School is not a Response, even when it results in a deemed denial.
I. Redaction
A Record shall be redacted when parts of the Record are subject to access and parts of the Record contains information that is not subject to access. The NMTCS Charter School shall grant access to the information which is subject to access and deny access to the information, which is not subject to access. If the information which is not subject to access is an integral part of the public record, legislative record or financial record and cannot be separated, the NMTCS Charter School shall redact from the record the information which is not subject to access, and the response shall grant access to the information which is subject to access. The NMTCS Charter School may not deny access to the record if the information which is not subject to access is able to be redacted. Information which NMTCS Charter School redacts in accordance with the Right-to-Know Law shall be deemed a denial under the Right-to-Know Law.
Redaction shall be performed in such a way as to maintain the confidentiality or security of the protected information.
J. Duplication of Public Records.
(1) A Public Record shall be accessible for duplication by a Requester. The School does not make duplication equipment available to a Requester but shall provide other means by which a Requester may obtain copies, through School personnel.
(2) The School will assign its own staff to make the duplications requested by the Requester; or it may contract for duplication services and require that the Requester pay the contractor for those services. The School shall charge the Requester a reasonable fee(s) that is consistent with the prevailing charges in the geographic location where the duplication occurs and/or the requirements in the Right-to-Know Law.
4. Appeals
A. Right to file an Appeal.
(1) If a Request is denied or deemed denied, whether in whole or in part, the Requester has the right to file an Appeal with the Office of Open Records or judicial, legislative or other appeals officer designated under the Right-to-Know Law within 15 business days of the mailing date of the NMTCS response or within 15 business days of a deemed denial. The appeal shall state the grounds upon which the Requester asserts that the record is a public record, legislative record or financial record and shall address any grounds stated by NMTCS for delaying or denying the request.
(2) Unless otherwise provided by applicable law, the Office of Open Records shall assign an appeals officer to review the denial.
(3) A person other than NMTCS or Requester with a direct interest in the record subject to an appeal under this section may, within 15 days following receipt of actual knowledge of the appeal but no later than the date the appeals officer issues and order, file a written request to provide information or to appear before the appeals officer or to file information in support of the Requester’s or NMTCS’s position. Copies of the written request shall be sent to the agency and the Requester.
5. Posting:
The following information shall be posted at NMTCS and, if NMTCS maintains an Internet website, on the Internet website:
(1) Contact information for the Open-Records Officer.
(2) Contact information for the Office of Open Records or other applicable appeals officer.
(3) A form which may be used to file a request.
(4) Regulations, policies and procedures of NMTCS relating to
the Right-to-Know Law.
Current Information for the Office of Open Records:
Physical Address:
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
Mailing Address:
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, PA 17120-0225
Phone: 717-346-9903
Fax: 717-425-5343
Email: [email protected]
Executive Director: Terry Mutchler
6. Special Considerations:
a. Disruptive requests.
NMTCS may deny a Requester access to a record if the Requester has made repeated requests for that same record and the repeated requests have placed an unreasonable burden on NMTCS. Such denial shall not restrict the ability to request a different record.
b. Disaster or potential damage.
NMTCS may deny a Requester access:
(i) when timely access is not possible due to fire, flood or other disaster; or
(ii) to historical, ancient or rare documents, records, archives and manuscripts when access may, in the professional judgment of the curator or custodian of records, cause physical damage or irreparable harm to the record.
To the extent possible, the contents of such a record shall be made accessible to a Requester even when the record is physically unavailable.
c. Third Parties
If, in response to a request, NMTCS produces a record that is not a public record, legislative record or financial record, NMTCS shall notify any third party that provided the record to the agency, the person that is the subject of the record and the Requester. NMTCS shall notify a third party of a request for a record if the third party provided the record and included a written statement signed by a representative of the third party that the record contains a trade secret or confidential proprietary information. Notification shall be provided within five business days of receipt of the request for the record. The third party shall have five business days from receipt of notification from the agency to provide input on the release of the record. NMTCS shall deny the request for the record or release the record within ten business days of the provision of notice to the third party and shall notify the third party of the decision.
7. Duplication of Public Records:
(a) A Public Record shall be accessible for duplication by a Requester. NMTCS does not make duplication equipment available to a Requester but shall provide other means by which a Requester may obtain copies.
(b) NMTCS will assign its own staff to make the duplications requested by the Requester; or it may contract for duplication services and require that the Requester pay the contractor for those services. NMTCS shall charge the Requester a reasonable fee(s) that is consistent with the prevailing charges in the geographic location where the duplication occurs.
8. Retention and Disposal of Public Records
There are statutes, regulations and other laws that regulate the School’s retention and disposition of Records. The School shall follow the mandates of these laws and regulations. Neither the Act nor this policy modifies, rescinds or supersedes any retention or disposition schedule established pursuant to law or other regulation.
9. Fees and Charges
(A) Reasonable Fees and charges as permitted by the Right-to-Know Law shall be established by the Board via Resolution and Established Fee Structure attached to this policy. The Board-approved list of fees shall be available for review by Requesters. The Board of Trustees may amend the fees structure from time to time as appropriate, using the fee structure recommended by the Office of Open Records..
(B) The Act requires that, in various circumstances, the School shall redact information from records. The Act provides that additional fees may be imposed if the School necessarily incurs costs for complying with a request. However, such fees must be reasonable. The Open Records Officer may establish such fees, depending upon the volume and complexity of the Records requested and consistent with the Law.
(C) All checks will be made payable to “New Media Technology Charter School” If the fee is for copying only, and the anticipated cost exceeds $100.00, the School may allow access to the Records but shall refuse to make copies until the fee is paid. If the fee is for redaction or some other service that is necessary in order for access to be provided, the School may deny access until the fee is paid. At no time will the School accept cash as a method of payment.
(D) NMTCS shall not charge a fee for review of a record to determine whether the record is subject to access.
(E) All copies must be retrieved by the Requester within ninety (90) days of the NMTCS response or NMTCS may, in the discretion of the Open Records Officer and to the extent allowed by law, dispose of copies made. The Requester remains responsible for fees incurred to the extent allowed by the Right-to-Know Law.
(F) The Open Records Officer may waive fees set by the Board on a case by case basis consistent with the applicable state and federal law.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
NEW MEDIA TECHNOLOGY CHARTER SCHOOL
RIGHT-TO-KNOW REQUEST FORM
DATE REQUESTED:
REQUEST SUBMITTED BY: E-MAIL U.S. MAIL FAX IN-PERSON
NAME OF REQUESTER:______________________________________
STREET ADDRESS:_____________________________________________
CITY/STATE/COUNTY(Required):_______________________________________
TELEPHONE (Optional):___________________________________________________
RECORDS REQUESTED: *Provide as much specific detail as possible so the agency can identify the information.
DO YOU WANT COPIES? YES or NO
DO YOU WANT TO INSPECT THE RECORDS? YES or NO
DO YOU WANT CERTIFIED COPIES OF RECORDS? YES or NO
OPEN RECORDS OFFICER: Chief Executive Officer
New Media Technology Charter School
(NMTCS) Charter School
8034 Thouron Avenue
Philadelphia, PA 19150
(267)286-6900
DATE RECEIVED BY NEW MEDIA TECHNOLOGY (NMTCS) CHARTER SCHOOL:
NEW MEDIA TECHNOLOGY (NMTCS) CHARTER SCHOOL FIVE (5) BUSINESS-DAY RESPONSE DUE:
*If the requester wishes to pursue the relief and remedies provided for in the Right-to-Know Law, the request must be in writing. (Section 702.) Written requests need not include an explanation as to why information is sought or the intended use of the information unless otherwise required by law. (Section 703.)
New Media Technology (NMTCS) Charter School
Right-to-Know Law Request Fee Structure
The Right-To-Know law requires the establishment of a fee structure. The New Media Technology (NMTCS) Charter School establishes the following fee structure in accordance with the Law and has derived this structure upon review of the Open Records Office’s Recommended Structure. The Law requires that the Office of Open Records review the fee structure biannually. Any updates will be posted by New Media Technology (NMTCS) Charter School.
Fee Structure
Record Type Fee
Copies:
(A “photocopy” is either a single-sided copy or one side of a double-sided black-and-white copy of a standard 8.5” x 11” page) $0.25 per page.
Certification of a Record: $1.00 per record. Please note that certification fees do not include notarization fees.
Specialized documents:
(For example, but not limited to, blue prints, color copies, non-standard sized documents) Actual Cost of New Media Technology (NMTCS) Charter School
Facsimile/Microfiche/Other Media: Actual Cost of New Media Technology (NMTCS) Charter School
Conversion to Paper: If a record is only maintained electronically or in other non-paper media, duplication fees shall be limited to the lesser of the fee for duplication on paper or the fee for duplication in the original media unless the Requester specifically requests for the record to be duplicated in the more expensive medium. (Sec. 1307(e)).
Postage Fees: Fees for Postage May Not Exceed the Actual Cost of Mailing to the New Media Technology (NMTCS) Charter School
Other Allowable Fees: Actual Cost to New Media Technology (NMTCS) Charter School
Please Also Be Advised in regard to the Right-to-Know Law Fee Structure:
Statutory Fees: If a separate statute authorizes the New Media Technology (NMTCS) Charter School to charge a set amount for a certain type of record, the New Media Technology (NMTCS) Charter School may charge no more than that statutory amount.
Inspection of Redacted Records: If a Requester wishes to inspect rather than receive a copy of a record and the record contains both public and non-public information, the New Media Technology (NMTCS) Charter School shall redact the non-public information. New Media Technology (NMTCS) Charter School may not charge the Requester for the redaction. However, the New Media Technology (NMTCS) Charter School may charge for the copies it must make of the redacted material in order for the Requester to view the public record. The fee structure outlined above will apply. If, after inspecting the records, the Requester chooses to obtain the copies, no additional fee may be charged.
Enhanced Electronic Access: If New Media Technology (NMTCS) Charter School offers enhanced electronic access to records in addition to making the records accessible for inspection and duplication by a Requester, the New Media Technology (NMTCS) Charter School may establish user fees specifically for the provision of the enhanced electronic access, but only to the extent that the enhanced electronic access is in addition to making the records accessible for inspection and duplication by a Requester as required by the Right-to-Know Law. The user fees for enhanced electronic access may be a flat rate, a subscription fee for a period of time, a per-transaction fee, a fee based on the cumulative time of system access or any other reasonable method and any combination thereof. The user fees for enhanced electronic access must be reasonable, must be pre-approved by the Office of Open Records and shall not be established with the intent or effect of excluding persons from access to records or duplicates thereof or of creating profit for the agency. Any request is to be submitted to the:
Office of Open Records
400 North Street
Harrisburg, PA. 17120
Fee Limitations: Except as otherwise provided by statute, the law states that no other fees may be imposed unless the New Media Technology (NMTCS) Charter School necessarily incurs costs for complying with the request, and such fees must be reasonable. No fee may be imposed for a review of a record to determine whether the record is a public record, legislative record or financial record subject to access. No fee may be charged for searching for or retrieval of documents. New Media Technology (NMTCS) Charter School may not charge staff time or salary for complying with a Right-to-Know request.
Prepayment: Prior to granting a request for access, the New Media Technology (NMTCS) Charter School may require a Requester to prepay an estimate of the fees authorized under this section if the fees required to fulfill the request are expected to exceed $100.
Once the request is fulfilled and prepared for release, the Office of Open Records recommends that the New Media Technology (NMTCS) Charter School obtain the cost of the records prior to releasing the records. This recommendation is designed to avoid situations in which the New Media Technology (NMTCS) Charter School provides the records and the Requester fails to submit payment.
601. RIGHT-TO-KNOW POLICY
Date Adopted: 4/17/02
Revised: 11/19/08
1. Background
On February 14, 2008, the Governor signed Pennsylvania’s new Right-to-Know Law, Act 3 of 2008. The final portions of the new Right-to-Know Law became effective as of January 1, 2009.
The Board of Trustees of the New Media Technology Charter School (“NMTCS”) has elected to enact this policy and procedure to allow early implementation of the Open Records Law.
Language in this Policy has been drafted taking into consideration the Right-to-Know Law and information available from and through the Office of Open Records and Pennsylvania Department of Education. Nothing in this policy shall be construed to conflict with applicable state and/or federal laws, including but not limited to the Right-to-Know Law and any and all applicable common law and cases developing from the Right-to-Know Law and/or interpreting the Right-to-Know Law. In the event the Right-to-Know Law is amended or otherwise revised, this Policy shall be interpreted to incorporate any revisions or changes to the Right- to-Know Law without the need for Board action.
2. Definitions
Denial of a Request:
A request is deemed denied if one of the following conditions occurs: (i) the Open Records Officer receiving a written Open Records Request fails to respond within the initial 5 business-day period; (ii) the Open Records Officer extends the 5 business-day period by up to 30 calendar-days, but then fails to respond by the end of that extended period; or (iii) the Open Records Officer notifies the Requester that it requires additional time to respond in excess of the permitted 30 calendar-day period.
Mailing:
The mailing date shall be the date affixed to a response to a request for access to records, which is to be the date the response is deposited in the United States Mail or, for a person submitting a request or exceptions, the date of the postmark on the envelope transmitting the request or exceptions.
Open Records Officer:
The Open Records Officer for NMTCS shall be the Chief Executive Officer. In the event that a new Chief Executive Officer is named by the Board, that official shall assume the role and duties of the Open Records Officer without the need for further Board Action.
Open Records Request for Public Documents:
An Open Records Request is defined as either (i) a written request submitted to the Open Records Officer asking for access to a Record, a copy of a Record or information purported to be in the possession of the School; or (ii) a written request (but not Exceptions or appeal) presented to the Open Records Office that invokes the Act.
Public Record:
For purposes of this policy, a record of NMTCS is public provided the record is not:
1. exempt under the right to Know Law;
2. exempt from being disclosed under any other Federal or State law or regulation or judicial order or decree; or
3. protected by a privilege.
A Record is defined as any document maintained by NMTCS, in any form, whether public or not.
Requester:
A Requester is a person that is a legal resident of the United States and requests a record pursuant to the Right-to Know Law. The term includes an Agency.
Response:
The Open Records Officer’s response may be either (i) the act of providing the Requester with access to a record, or (ii) the Open Records Officer’s written notice granting, denying or partially granting and partially denying access to a record.
The function of the Open Records Officer is to receive all Open Records Requests directed to NMTCS; to coordinate the preparation of a Response; to track the progress in responding to Right-to-Know Requests; and, to prepare interim and final Responses to Requests in compliance with the Right-to-Know Law
Public Records Access Room:
NMTCS may designate a Public Records Access Room. The function of a Public Records Access Room is to provide a specific established site where Requesters may have physical access to some or all of the school’s Public Records. If the Board elects not to establish such a room, the Open Records Officer shall determine on an ad hoc basis the building and room where Public Records will be made available to a Requester and the hours of availability.
In either instance the Open Records Officer has the discretion to establish procedures that govern the use of that room including, but not limited to, the hours of access, the need and adequacy of proof of identification, restrictions or prohibitions on the removal of Records, the use of written requests and the ability of a Requester to bring his or her own photocopying or other equipment into the room.
3. Procedure for Requesting Records
A. Requests.
(1) Oral requests. The Right-to-Know Act does not require that NMTCS respond to oral requests. The Open Records Officer shall refuse to accept any oral request.
(2) Anonymous requests. The Right-to-Know Act does not require that NMTCS respond to Anonymous requests. The Open Records Officer shall refuse to accept any written request that does not identify the Requester.
(3) Non-anonymous written requests. The Act requires that Open Records Officer act upon each non-anonymous written request when such request is submitted in person, by mail, or by facsimile or e-mail.
(a) Contents of a request. The Act sets forth various specifications for the contents of a written request. The Right-to-Know Act requires that the requester submit a request in writing to the Open Records Officer on a form to be provided by the Open Records Officer or on the Official form issued by the Office of Open Records. The request must be addressed to the Open Records Officer and must set forth the name and address where NMTCS should address its response. The request should identify or describe the Records sought with sufficient specificity to enable the School to ascertain which Records are being requested. The written request may be submitted in person, by mail, facsimile or email. Any NMTCS Employee or Board Member who receives a request directed to the Open Records Officer shall immediately forward that request to the Open Records Officer.
The Act provides that the Requester need not include the reason for the request or the intended use of the Records. Therefore, the School shall not insist that such a statement be provided, nor shall it reject or refuse a request on the grounds that no such reason was given.
(b) Forms. The School may create or adopt forms for use by Requesters in preparing written requests. In the absence of a form created by NMTCS, the Open Records Office’s official Form must be used.
(4) Identification:. The Act provides that the School provide a Requester with access to a Public Record if the Requester is a legal resident of the United States. NMTCS may require that the Requester produce photographic identification, to the extent allowed by the Right-to-Know Law.
B. Submittal of Open Records Requests.
All Open Records Requests are to be addressed to:
Office of the Chief Executive Officer
New Media Technology Charter School
8034 Thouron Avenue
Philadelphia, PA 19150
The School shall post this information on its website and shall post it at a location that is publicly accessible.
C. Duty to Provide a Prompt Response to an Open Records Request.
(1) Five (5) business-day period. Section 3.3(a) of the Act provides that, upon receipt of a written Open Records Request, the School must make a good faith effort to determine if the requested Record is a Public Record and to respond as promptly as possible under the circumstances existing at the time of the request, and that this time shall not exceed five (5) business days from the date the written request is received by the School’s Open Records Officer.
(2) The five (5) business day period does not begin to run until the School’s designated Open Records Officer has received a request. If an Open Records Request is submitted to the School or to some Officer or employee of the School other than the Open Records Officer, the five (5) business day period has not yet begun.
(3) The Act provides that either a final or an interim written response must be made within five (5) business days from the date that the Open Records Officer received the request. If the Open Records Officer fails to respond within that time period, the Open Records Request is deemed denied.
(4) 30 calendar-day extension period. Although, in general, the Act and this Policy contemplates that Requesters will receive a Response within the five (5) business day period, it also provides the School with certain specific exceptions to invoke a single extension of time, which may not exceed 30 calendar days. If an extension is invoked and then there is no timely Response, the Open Records Request is deemed denied. Likewise, if the Open Records Officer notifies the Requester that it needs more than the maximum of 30 days, the request is deemed denied.
D. Processing of Open Records Requests by the Open Records Officer.
(1) Upon receiving an Open Records Request, the Open Records Officer shall, at a minimum, promptly complete the following tasks:
(a) Date-stamp the Open Records Request or otherwise note the date of receipt on the Open Records Request.
(b) Compute the day on which the five (5) business day period will expire and make a notation of that date.
(c) Make a paper copy of the Open Records Request, including all documents submitted with it and the envelope (if any) in which it was received.
(d) Create an official file for the retention of the original Open Records Request.
(e) Record the Open Records Request in the system used by the School for tracking Open Records Requests.
(f) Make a good faith effort to determine if the record requested is a public record and if NMTCS has possession, custody or control of the record.
(g) Maintain a copy of NMTCS’s response to the request.
(2) For purposes of determining the five (5) business-day period:
(a) A business day shall be from 9:00 a.m. until 4:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday, except those days when the offices of the School are closed for all or part of a day due to a holiday; due to severe weather (such as a blizzard or ice storm); due to natural or other disaster; or due to the request or direction of local, state, or federal law enforcement officers.
(b) Any Open Records Request received by the Open Records Officer after the close of its regular business hours shall be deemed received by that office on the following business day.
(c) For purposes of determining the end of the five (5) business day period, the day that an Open Records Request is received (or deemed received) is not counted. The first day of the five (5) business day period is the School’s next business day.
E. Responses.
(1) The act of providing a Requester with physical access to a document or a copy of the requested Record, in the Open Records Office, is a “Response” for purposes of this Open Records Policy. Unless the School issues written policies to the contrary, only the Open Records Officer possesses the authority to permit this access.
(2) Where timely access is not provided in accordance with Paragraph (1) above, the Act requires that the School’s Response be in writing. The Open Records Officer has the duty to prepare and send written Responses. In preparing a written Response, the Open Records Officer should consult, as necessary, with the Solicitor.
(3) The School is not required to create a Public Record that does not already exist, nor is the School required to compile, maintain, format, or organize a Public Record in a manner in which the School does not currently do so. The Open Records Officer may respond to a records request by notifying the Requester that the record is available through publically accessible electronic means or that the Charter School will provide access to inspect the record electronically. If the Requester is unwilling or unable to access the record electronically, the Requester may, within thirty days following receipt of the notification, submit a written request to the Open Records Officer to have the record converted to paper. The Charter School shall provide access to the record in printed form within five days of the receipt of the written request for conversion to paper.
(4) The Open Records Office shall send written Responses to Requesters by one of the following, in its discretion: United States mail, facsimile transmission; electronic transmission; overnight or parcel delivery service; or, courier delivery.
F. Physical Access to Public Records.
(1) The Act requires that, unless otherwise provided by law, a public record, financial record or legislative record shall be accessible for inspection and duplication in accordance with the Right-to-Know Law and this Policy. The records will be made accessible to the Requester during the regular business hours of the School. Unless the School adopts written policies to the contrary, the regular business hours of the School for purposes of the Act are from 9:00 a.m. until 4:00 p.m. on any business day.
(2) Access shall be provided by the Open Records Officer either in the Open Records Office or the Public Records Access Room, at the discretion of the Open Records Officer, depending on the size, complexity or other circumstances of the request.
G. Interim Written Responses/Notice of Review
(1) The Act requires that the School must provide a Response to an Open Records Request within five (5) business days unless one or more specific conditions are satisfied and the School gives the Requester written notice that additional time will be required. That notice is referred to as an “Interim Response.”
(2) The written notice shall include a statement notifying the Requester that the request for access is being reviewed, the reason for the review, a reasonable date that a response is expected to be provided and an estimate of applicable fees owed when the record becomes available. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed for in the Right-to-Know Law, the request for access shall be deemed denied unless the Requester has agreed in writing to an extension to the date specified in the notice. If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice provided by the Charter School.
(3) The circumstances in which the School may send a written interim notice to the Requester are as follows:
(a) the request for access requires redaction of a record in accordance with the Right to Know Law;
(b) the request for access requires the retrieval of a record stored in a remote location;
(c) a timely response to the request for access cannot be accomplished due to bona fide and specified staffing limitations;
(d) a legal review is necessary to determine whether the record is a record subject to access under this act;
(e) the Requester has not complied with the agency’s policies regarding access to records;
(f) the Requester refuses to pay applicable fees authorized by this act; or
(g) the extent or nature of the request precludes a response within the required time period.
H. Written Final Responses.
(1) Types of final Responses. The Act provides for three types of written final Responses:
(a) The School grants the entire Open Records Request.
(b) The School refuses the entire Open Records Request.
(c) The School grants part of the Open Records Request and refuses the remainder.
(2) Deemed Denials. The failure of the School to make a timely final Response is a Deemed Denial under the terms of the Act.
(3) Final Responses that deny Open Records Requests, either in whole or in part shall be in writing by the Open Records Officer and include all of the following:
(i) A description of the record requested.
(ii) The specific reasons for the denial, including a citation of
supporting legal authority.
(iii) The typed or printed name, title, business address,
business telephone number and signature of the Open
Records Officer on whose authority the denial is issued.
(iv) Date of the response.
(v) The procedure to appeal the denial of access under the
Right-to-Know Law and the name and mailing address of the Open Records Exceptions Office.
(4) Inaction by the School is not a Response, even when it results in a deemed denial.
I. Redaction
A Record shall be redacted when parts of the Record are subject to access and parts of the Record contains information that is not subject to access. The NMTCS Charter School shall grant access to the information which is subject to access and deny access to the information, which is not subject to access. If the information which is not subject to access is an integral part of the public record, legislative record or financial record and cannot be separated, the NMTCS Charter School shall redact from the record the information which is not subject to access, and the response shall grant access to the information which is subject to access. The NMTCS Charter School may not deny access to the record if the information which is not subject to access is able to be redacted. Information which NMTCS Charter School redacts in accordance with the Right-to-Know Law shall be deemed a denial under the Right-to-Know Law.
Redaction shall be performed in such a way as to maintain the confidentiality or security of the protected information.
J. Duplication of Public Records.
(1) A Public Record shall be accessible for duplication by a Requester. The School does not make duplication equipment available to a Requester but shall provide other means by which a Requester may obtain copies, through School personnel.
(2) The School will assign its own staff to make the duplications requested by the Requester; or it may contract for duplication services and require that the Requester pay the contractor for those services. The School shall charge the Requester a reasonable fee(s) that is consistent with the prevailing charges in the geographic location where the duplication occurs and/or the requirements in the Right-to-Know Law.
4. Appeals
A. Right to file an Appeal.
(1) If a Request is denied or deemed denied, whether in whole or in part, the Requester has the right to file an Appeal with the Office of Open Records or judicial, legislative or other appeals officer designated under the Right-to-Know Law within 15 business days of the mailing date of the NMTCS response or within 15 business days of a deemed denial. The appeal shall state the grounds upon which the Requester asserts that the record is a public record, legislative record or financial record and shall address any grounds stated by NMTCS for delaying or denying the request.
(2) Unless otherwise provided by applicable law, the Office of Open Records shall assign an appeals officer to review the denial.
(3) A person other than NMTCS or Requester with a direct interest in the record subject to an appeal under this section may, within 15 days following receipt of actual knowledge of the appeal but no later than the date the appeals officer issues and order, file a written request to provide information or to appear before the appeals officer or to file information in support of the Requester’s or NMTCS’s position. Copies of the written request shall be sent to the agency and the Requester.
5. Posting:
The following information shall be posted at NMTCS and, if NMTCS maintains an Internet website, on the Internet website:
(1) Contact information for the Open-Records Officer.
(2) Contact information for the Office of Open Records or other applicable appeals officer.
(3) A form which may be used to file a request.
(4) Regulations, policies and procedures of NMTCS relating to
the Right-to-Know Law.
Current Information for the Office of Open Records:
Physical Address:
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
Mailing Address:
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, PA 17120-0225
Phone: 717-346-9903
Fax: 717-425-5343
Email: [email protected]
Executive Director: Terry Mutchler
6. Special Considerations:
a. Disruptive requests.
NMTCS may deny a Requester access to a record if the Requester has made repeated requests for that same record and the repeated requests have placed an unreasonable burden on NMTCS. Such denial shall not restrict the ability to request a different record.
b. Disaster or potential damage.
NMTCS may deny a Requester access:
(i) when timely access is not possible due to fire, flood or other disaster; or
(ii) to historical, ancient or rare documents, records, archives and manuscripts when access may, in the professional judgment of the curator or custodian of records, cause physical damage or irreparable harm to the record.
To the extent possible, the contents of such a record shall be made accessible to a Requester even when the record is physically unavailable.
c. Third Parties
If, in response to a request, NMTCS produces a record that is not a public record, legislative record or financial record, NMTCS shall notify any third party that provided the record to the agency, the person that is the subject of the record and the Requester. NMTCS shall notify a third party of a request for a record if the third party provided the record and included a written statement signed by a representative of the third party that the record contains a trade secret or confidential proprietary information. Notification shall be provided within five business days of receipt of the request for the record. The third party shall have five business days from receipt of notification from the agency to provide input on the release of the record. NMTCS shall deny the request for the record or release the record within ten business days of the provision of notice to the third party and shall notify the third party of the decision.
7. Duplication of Public Records:
(a) A Public Record shall be accessible for duplication by a Requester. NMTCS does not make duplication equipment available to a Requester but shall provide other means by which a Requester may obtain copies.
(b) NMTCS will assign its own staff to make the duplications requested by the Requester; or it may contract for duplication services and require that the Requester pay the contractor for those services. NMTCS shall charge the Requester a reasonable fee(s) that is consistent with the prevailing charges in the geographic location where the duplication occurs.
8. Retention and Disposal of Public Records
There are statutes, regulations and other laws that regulate the School’s retention and disposition of Records. The School shall follow the mandates of these laws and regulations. Neither the Act nor this policy modifies, rescinds or supersedes any retention or disposition schedule established pursuant to law or other regulation.
9. Fees and Charges
(A) Reasonable Fees and charges as permitted by the Right-to-Know Law shall be established by the Board via Resolution and Established Fee Structure attached to this policy. The Board-approved list of fees shall be available for review by Requesters. The Board of Trustees may amend the fees structure from time to time as appropriate, using the fee structure recommended by the Office of Open Records..
(B) The Act requires that, in various circumstances, the School shall redact information from records. The Act provides that additional fees may be imposed if the School necessarily incurs costs for complying with a request. However, such fees must be reasonable. The Open Records Officer may establish such fees, depending upon the volume and complexity of the Records requested and consistent with the Law.
(C) All checks will be made payable to “New Media Technology Charter School” If the fee is for copying only, and the anticipated cost exceeds $100.00, the School may allow access to the Records but shall refuse to make copies until the fee is paid. If the fee is for redaction or some other service that is necessary in order for access to be provided, the School may deny access until the fee is paid. At no time will the School accept cash as a method of payment.
(D) NMTCS shall not charge a fee for review of a record to determine whether the record is subject to access.
(E) All copies must be retrieved by the Requester within ninety (90) days of the NMTCS response or NMTCS may, in the discretion of the Open Records Officer and to the extent allowed by law, dispose of copies made. The Requester remains responsible for fees incurred to the extent allowed by the Right-to-Know Law.
(F) The Open Records Officer may waive fees set by the Board on a case by case basis consistent with the applicable state and federal law.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
NEW MEDIA TECHNOLOGY CHARTER SCHOOL
RIGHT-TO-KNOW REQUEST FORM
DATE REQUESTED:
REQUEST SUBMITTED BY: E-MAIL U.S. MAIL FAX IN-PERSON
NAME OF REQUESTER:______________________________________
STREET ADDRESS:_____________________________________________
CITY/STATE/COUNTY(Required):_______________________________________
TELEPHONE (Optional):___________________________________________________
RECORDS REQUESTED: *Provide as much specific detail as possible so the agency can identify the information.
DO YOU WANT COPIES? YES or NO
DO YOU WANT TO INSPECT THE RECORDS? YES or NO
DO YOU WANT CERTIFIED COPIES OF RECORDS? YES or NO
OPEN RECORDS OFFICER: Chief Executive Officer
New Media Technology Charter School
(NMTCS) Charter School
8034 Thouron Avenue
Philadelphia, PA 19150
(267)286-6900
DATE RECEIVED BY NEW MEDIA TECHNOLOGY (NMTCS) CHARTER SCHOOL:
NEW MEDIA TECHNOLOGY (NMTCS) CHARTER SCHOOL FIVE (5) BUSINESS-DAY RESPONSE DUE:
*If the requester wishes to pursue the relief and remedies provided for in the Right-to-Know Law, the request must be in writing. (Section 702.) Written requests need not include an explanation as to why information is sought or the intended use of the information unless otherwise required by law. (Section 703.)
New Media Technology (NMTCS) Charter School
Right-to-Know Law Request Fee Structure
The Right-To-Know law requires the establishment of a fee structure. The New Media Technology (NMTCS) Charter School establishes the following fee structure in accordance with the Law and has derived this structure upon review of the Open Records Office’s Recommended Structure. The Law requires that the Office of Open Records review the fee structure biannually. Any updates will be posted by New Media Technology (NMTCS) Charter School.
Fee Structure
Record Type Fee
Copies:
(A “photocopy” is either a single-sided copy or one side of a double-sided black-and-white copy of a standard 8.5” x 11” page) $0.25 per page.
Certification of a Record: $1.00 per record. Please note that certification fees do not include notarization fees.
Specialized documents:
(For example, but not limited to, blue prints, color copies, non-standard sized documents) Actual Cost of New Media Technology (NMTCS) Charter School
Facsimile/Microfiche/Other Media: Actual Cost of New Media Technology (NMTCS) Charter School
Conversion to Paper: If a record is only maintained electronically or in other non-paper media, duplication fees shall be limited to the lesser of the fee for duplication on paper or the fee for duplication in the original media unless the Requester specifically requests for the record to be duplicated in the more expensive medium. (Sec. 1307(e)).
Postage Fees: Fees for Postage May Not Exceed the Actual Cost of Mailing to the New Media Technology (NMTCS) Charter School
Other Allowable Fees: Actual Cost to New Media Technology (NMTCS) Charter School
Please Also Be Advised in regard to the Right-to-Know Law Fee Structure:
Statutory Fees: If a separate statute authorizes the New Media Technology (NMTCS) Charter School to charge a set amount for a certain type of record, the New Media Technology (NMTCS) Charter School may charge no more than that statutory amount.
Inspection of Redacted Records: If a Requester wishes to inspect rather than receive a copy of a record and the record contains both public and non-public information, the New Media Technology (NMTCS) Charter School shall redact the non-public information. New Media Technology (NMTCS) Charter School may not charge the Requester for the redaction. However, the New Media Technology (NMTCS) Charter School may charge for the copies it must make of the redacted material in order for the Requester to view the public record. The fee structure outlined above will apply. If, after inspecting the records, the Requester chooses to obtain the copies, no additional fee may be charged.
Enhanced Electronic Access: If New Media Technology (NMTCS) Charter School offers enhanced electronic access to records in addition to making the records accessible for inspection and duplication by a Requester, the New Media Technology (NMTCS) Charter School may establish user fees specifically for the provision of the enhanced electronic access, but only to the extent that the enhanced electronic access is in addition to making the records accessible for inspection and duplication by a Requester as required by the Right-to-Know Law. The user fees for enhanced electronic access may be a flat rate, a subscription fee for a period of time, a per-transaction fee, a fee based on the cumulative time of system access or any other reasonable method and any combination thereof. The user fees for enhanced electronic access must be reasonable, must be pre-approved by the Office of Open Records and shall not be established with the intent or effect of excluding persons from access to records or duplicates thereof or of creating profit for the agency. Any request is to be submitted to the:
Office of Open Records
400 North Street
Harrisburg, PA. 17120
Fee Limitations: Except as otherwise provided by statute, the law states that no other fees may be imposed unless the New Media Technology (NMTCS) Charter School necessarily incurs costs for complying with the request, and such fees must be reasonable. No fee may be imposed for a review of a record to determine whether the record is a public record, legislative record or financial record subject to access. No fee may be charged for searching for or retrieval of documents. New Media Technology (NMTCS) Charter School may not charge staff time or salary for complying with a Right-to-Know request.
Prepayment: Prior to granting a request for access, the New Media Technology (NMTCS) Charter School may require a Requester to prepay an estimate of the fees authorized under this section if the fees required to fulfill the request are expected to exceed $100.
Once the request is fulfilled and prepared for release, the Office of Open Records recommends that the New Media Technology (NMTCS) Charter School obtain the cost of the records prior to releasing the records. This recommendation is designed to avoid situations in which the New Media Technology (NMTCS) Charter School provides the records and the Requester fails to submit payment.
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New Media Technology Charter School participates in the National School Lunch Program (NSLP). For the 2014-2015 school year, we elected to implement the Community Eligibility Provision (CEP) Program which affords us the opportunity to offer FREE breakfast and lunch to all students! For more information about the NSLP and the CEP program please visit http://www.fns.usda.gov/nslp/national-school-lunch-program-nslp and http://www.fns.usda.gov/school-meals/community-eligibility-provision. In adherence with federal program participant guidelines, please note the following:
Non-Discrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal and, where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)
Complaints of Discrimination
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected]. Individuals who are deaf, hard of hearing, or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.
Summer Food Programs
New Media Technology Charter School does not offer a Summer Food Program. If families are interested in Summer Food Programs please visit the Why Hunger website at www.whyhunger.org for information and resources.
Non-Discrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal and, where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)
Complaints of Discrimination
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected]. Individuals who are deaf, hard of hearing, or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.
Summer Food Programs
New Media Technology Charter School does not offer a Summer Food Program. If families are interested in Summer Food Programs please visit the Why Hunger website at www.whyhunger.org for information and resources.
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