August 25, 2014

Southern Worcester County Educational Collaborative

Back to School

Annual Training

Training Topics

• Equal Education & Civil Rights– Americans with Disabilities

Act– Section 504 of the

Rehabilitation Act of 1973– District Curriculum

Accommodation Plan (DCAP)

– Sexual Harassment & Discrimination (Title IX & Title VI)

• An Act Relative to Bullying in Schools (M.G.L. Chapter 92)

• Anti - Hazing• Child Abuse & Neglect

Reporting Requirements

• Physical Restraint Overview• Student Discipline Rules

(M.G.L Chapter 222)• Student Records and

Confidentiality• Universal Precautions/Life

Threatening Food Allergies• Technology Acceptable Use

Policy• Drug Free Workplace Policy• SWCEC Professional Behavior

Practices• Conflict of Interest Law • Concussion Law• Good Samaritan Law• Field Trip Policy

SWCEC Anti-Discrimination Statement

“SWCEC is committed to equal opportunity in education and employment practices. SWCEC does not discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, ancestry, or national or ethnic origin in the administration of its educational policies, employment policies, and other administered programs and activities.

SWCEC requires all employees and students to conduct themselves in an appropriate manner with respect to their fellow employees, students, and all members of the school community.”

SWCEC Anti-Discrimination Statement“Since SWCEC is committed to providing an environment that is free from discrimination and sexual harassment, it shall be a violation for any student, teacher, school personnel, or person on business with the SWCEC to engage in sexual or bias-related harassment or to violate the civil rights of any student, teacher, or other school personnel.

SWCEC will act to investigate all complaints, formal or informal, of sexual or bias-related harassment or violations of civil rights and will take the appropriate action against any student, teacher, or school personnel, or person on business with the SWCEC who is found in violation of this statement.”

Americans with Disabilities Act (ADA)A disability is defined as:

• A person who has a physical or mental impairment that substantially limits one or more major life activities;

• Has a record of such an impairment• Is regarded as having such impairment

A disability:

• Prohibits private employers, state and local governments, and labor unions from discriminating against students and qualified individuals with disabilities.

For more information go to:– http://www.eeoc.gov/types/ada.html– http://www.ada.gov/regs2010/ADAregs2010.htm

Accommodations under ADA

• For Students: For benefits or services provided to be “equally effective,” they must afford students with disabilities an equal opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement as other students.

• For Employees: A reasonable accommodation is one that would allow the person to perform the “essential functions” of their position with the accommodation.

Section 504 of the Rehabilitation Act

A 504 Accommodation Plan may be written for eligible students who meet the above criteria. A 504 Accommodation Plan is developed to provide access to general education and school activities. A 504 Accommodation Plan is a legally binding document. Decisions of accommodations should be made through a Team process.

Special Education – IDEA 2004• Provides special education services to children, ages 3 -

22, who are found eligible due to an educational disability that affects their ability to make effective progress without specialized instruction and/or related services.

• Entitles eligible students with disabilities to a free and appropriate public education (FAPE) in the Least Restrictive Environment (LRE).

• Each student in special education has an Individualized Educational Program (IEP) that is a legally binding contract between the families and the school district.

• All decisions are made by the student’s Team that includes special and general education teachers, service providers, and parents. Students are invited to participate in the Team process beginning at age 14.

Special Education – IDEA 2004

• All students must participate in general state and district-wide assessment programs.

• All students 14 and older must have a transition plan.• All students must receive quarterly progress notes

and report cards • All communication with students and families must

be in the primary language of the home.

Title IX – Sex Discrimination or Sexual Harrassment

• Sex Discrimination = exclusion or denial of participation of benefits on the basis of sex.

• Sexual Harassment = any sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when:

- Submission is either explicitly or implicitly a term of condition of employment or academic status

- Submission to or rejection of such conduct by a person is the basis for an employment decision of an academic decision affecting the person

- Such conduct substantially interferes with a person’s work or academic performance or creates and intimidating, hostile, or offensive working or learning environment

Sexual Harassment is a form of sex discrimination and unlawful.

Examples of Sexual Harassment or Discrimination:

Verbal Harassment

Sexual innuendo or other suggestive comment, humor or jokes about sex or gender-specific traits, offensivewritten notes, name-calling/nick-names, sexual propositions, insults, threats, inquiries into one’s sexual experiences, sexual comments about a person’s body and/ordiscussion of one’s sexual activities

Nonverbal Harassment

Written notes or photographs of a sexual nature, whistling, making suggestive or insulting sounds and/or gestures, suggestive leering, unwelcome touching/massaging, displaying suggestive reading materials, obscene sexual noises, and/or rude comments about a person’s gender or sexual preference

Liability for Harassment

You may be personally liable for sexual harassment issues between students of staff and students, if any school employee:

has “actual knowledge” of the issue has the ability or authority to correct the

issue responds with deliberate indifference

All harassment must be reported to the Principal or administrator as soon as it is observed or notification is received.

Be sure to document date, time, and specifics of complaint and the actions you have taken.

Civil Rights Complaints/Grievances

The Director of Special Education is designated as the District Title IX, Title VI, ADA, Sexual Harassment Coordinator, and Grievance Officer.

– Inquiries concerning the SWCEC policies, compliance with applicable laws, statutes, and regulations, and complaints may be directed to Administration staff.

The Director of Special Education is the District 504 and Student Civil Rights Coordinator the office may be contacted at (508) 764-8500 or 185 Southbridge Rd, Dudley MA 01550. Inquiries about the laws and about compliance may also be directed to the Massachusetts Department of Elementary or Secondary Education or the Assistant Secretary for Civil Rights, US Department of Education.

An Act Relative to Bullying in Schools

• In May 2010, the Governor signed Chapter 92 of the Acts of 2010 into law which addresses Bullying in Schools

• The law requires all schools and school systems to develop and implement a Bullying Prevention and Intervention Plan

• The plan was developed and implemented in October 2010.

Definitions from An Act Relative to Bullying in Schools

Bullying: the repeated use by one or more students of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a target that:

– Causes physical or emotional harm to the target or damage to the target’s property;

– Places the target in reasonable fear of harm to himself or of damage to his property;

– Creates a hostile environment at school for the target;

– Infringes on the rights of the target at school; or– Materially and substantially disrupts the

education process or the orderly operation of a school

Definitions from An Act Relative to Bullying in Schools

Cyberbullying: bullying through the use of technology or electronic devices such as: telephones, cell phones, computers, and the internet. It includes, but is not limited to, voice mail messages, e-mail, instant messages, text messages, and internet postings (social networking sites, web pages, etc.). In addition, it includes the creation of a web page or blog in which the creator assumes the identity of another person or the knowing impersonation of another as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in the definition of bullying. 

The Bullying Prevention & Intervention Plan

Requires ongoing professional development relative to:• Developmentally appropriate strategies to prevent

bullying and for immediate, effective interventions to stop bullying incidents;

• Information on the complex interaction and power differential that can take place between and among aggressor, target, and witnesses to bullying;

• Information on research finding on bullying and specific categories of students who have been show to be at particular risk for bullying in the school environment;

• Information on the incidence and nature of cyberbullying; and

• Internet Safety Issues as they relate to cyberbullying.

The Bullying Prevention & Intervention Plan

Requires annual training for all school staff on the plan including:

• Staff duties under the plan; • The steps that administrators will take

upon receipt of a report of bullying or retaliation;

• An overview of the bullying prevention curricula to be offered at all grades throughout the district

Written notice of the Bullying Plan is located on First Class.

Child Abuse/Neglect Reporting Procedures

• The Mandatory Reporting of Child Abuse Act – Chapter 119, Section 51A, requires that school personnel report to the Department of Children and Families (DCF) whenever there is “reasonable cause” to believe that a child under the age of 18 is suffering physical and/or emotional injury from abuse and/or neglect.

• If child is over 18 contact DDS to file a DPPC• All reports are held in strict confidence and no

person required to report shall be held liable in any civil or criminal action.

Anti-Hazing

• Hazing of students is prohibited by state law and is defined as any conduct or method of initiation into any student organization which willfully or recklessly endangers the physical or mental health of the student.

• In compliance with our requirements to provide each student with a written copy of the law forbidding hazing we include that text of M.G.L., Ch 269, Sec. 17-19.

• CH. 269.S. 17, CRIME OF HAZING; DEFINITION; PENALTY

SWCEC Guidelines for 51A Reporting

• Any mandated reporter should inform the Principal or Administrator if there is suspicion of abuse and/or neglect.

• If a staff member believes a filing should be made, that person, as a mandated reporter, may file independently of the school district. DCF should be made aware that this filing is made individually rather than by the school district.

• The Principal may file as a representative of the School District if the staff person does not want to file individually. The Principal will notify the sending district if filed as a Program vs. an individual.

Student Physical Restraint

• 603 CMR 46.00 - Regulations developed in April 2001 pursuant to M.G.L. c. 69 1B and c. 71 37G

• Regulations apply to all public education programs including school events and school sponsored activities

• Intent – to provide appropriate responses to potentially dangerous circumstances and to eliminate or minimize negative consequences

Student Physical Restraint

• Only school personnel who have received in-depth training shall administer physical restraint.

• Administration of physical restraint should always be witnessed by at least one person.

• The Regulations do not prevent a teacher, employee, or agent of the District from using reasonable force to protect students, other persons or themselves from assault or imminent serious harm or from restraining students as otherwise provided in the Regulations.

Physical Restraint: Proper Administration

Administration of restraint shall discontinue as soon as possible – Use of physical restraint must be reported by staff:

• If restraint lasts more than 5 minutesand/or

• When there is any injury to student or staffFollowing any restraint, a report must be made by staff:

• Verbally to principal immediately• Written report no later than the next school day

The Principal must maintain a record of all instances of physical restraint which shall be made available to DESE upon request.

Best practice: Always inform parents of any restraint even when under 5 minutes.

Reporting Requirements for Extended Restraints

• An extended restraint is one that lasts longer than 20 minutes

• When injury or extended restraint:• Report is sent to DESE within 5 school days (DESE

provides the form to use – see First Class Folder)• Copy of the record of all restraints administered

within the 30 day period prior to reported restraint is sent to DESE

Student Discipline Rules: M.G.L Chapter 222

• New Section 37H ¾ added to provide procedures for disciplinary offenses not covered by 37H or 37H ½

• New c. 76, sec. 21: opportunity to make up work and/or receive educational services during period of removal (for all offenses, including 37H and 37H ½)

• School district reporting of disciplinary data to DESE• DESE can investigate districts with high rates of

removals• School Committees are responsible for adopting policies

that are in line with the new law.Pupil absence notification program under newly added Section 1B of Chapter 76

• Amended procedures for students who wish to permanently leave school (c. 76 s. 18)

The Key Takeaways

• Section 37H¾: highly detailed procedures and due process rights

• Limitations are imposed as to length of disciplinary removals

• Section 21: opportunity to make up work and/or school-wide education service plan available to excluded students (whether or not on IEPs)

Goals of New Law

The goals of the new law are:1. To limit the use of long-term suspensions;2. To promote the engagement of the

parents in the student discipline process;3. To ensure that suspended and expelled

students continue to receive educational services and make academic process; and

4. “To keep schools safe and supportive for all students while ensuring fair and effective disciplinary practices.”

603 CMR 53.01(2).

Making a Suspension Decision

In deciding the consequences of a violation under G.L. c. 71, § 37H¾, the Principal must:

1. Exercise discretion – NO ZERO TOLERANCE POLICIES2. Consider ways to re-engage the student in the

learning process 3. Avoid using expulsion as a remedy unless other

remedies have been employed.4. “Other remedies” include the use of evidence-based

strategies and programs such as mediation, conflict resolution, restorative justice, and positive behavioral interventions and supports. 603 CMR 53.05

Note: Expulsion (defined by regulations as removal for more than 90 school days) is not available under 37H ¾

Key Definitions

In-School Suspension: removal of a student from regular classroom activities, but not from the school premises, for no more than 10 consecutive school days, or no more than 10 school days cumulatively for multiple infractions during the school year.

Short-Term Suspension: removal of a student from the school premises and regular classroom activities for 10 consecutive school days or less.

• May be served in school, at the Principal’s discretion.

Long-Term Suspension: removal of a student from the school premises and regular classroom activities for more than 10 consecutive school days, or for more than 10 school days cumulatively for multiple disciplinary offenses in any school year. A Principal may, in his or her discretion, allow a student to serve a long-term suspension in school.

• May not last more than 90 days and may not extend beyond the end of the school year if suspended under § 37H¾.

• May be served in school, at the Principal’s discretion.

Expulsion: removal for more than 90 school days

Student Records

• 603 CMR 23.00 Student Records Regulations ensures parents’ and students’ rights of confidentiality, inspection, amendment, and destruction of student records.

• These rights belong to the parents when the student is under age 14 and has not entered the 9th grade. The rights are shared by the parents and student when the child is 14 - 17 years of age or upon entering grade 9. At age 18, the rights belong to the student alone. For a student receiving special education services, the student can be their own guardian, share educational decision making with the parent, or the parent may be designated as the sole decision maker for the student.

• The student record consists of the transcript and the temporary record, including all information in any form that is organized on the basis of the student’s name or in any manner that the student can be individually identified.

Student Records

• The Principal shall be responsible for the privacy and security of all student records maintained by the school.

• The Principal shall ensure that all records are kept physically secure and that all school personnel are educated as to the importance of information privacy and confidentiality.

• Records cannot be destroyed without providing notice to parents and/or students age 14 and older.

• A Log of Access shall be maintained in each child’s record. The Log must indicate the name, position, date, part of record accessed, and purpose. The Log of Access does not apply to authorized school personnel, office clerical staff, or school nurses.

Student Records

• Non-custodial refers to physical custody, not legal.• A non-custodial parent may have access to the student record

after a written request is submitted. The school must immediately notify the custodial parent of the request by certified and first class mail. The custodial parent has 21 days to respond that the non-custodial parent cannot have access due to denial of legal custody, order of supervised or denied visits, restrictions under protective orders, or order of a probate and family court judge prohibiting the distribution of the record.

• No response from the custodial parent allows release of records to the non-custodial parent with the following condition:

• All records provided to the non-custodial parent must have deleted information regarding the address, phone number (home and work of custodial parent), and must be marked to indicate that the records cannot be used for enrollment in another school

Student Records

• The term “student record” does not include notes, memory aids, and other similar information that is maintained in the personal files of the school employee and is not accessible or revealed to any other party.

• Emails are considered part of the student record! Be vigilant about your communication – what you say is part of the record once you press send!

Universal Precautions

• Gloves will be worn when touching blood, body fluids, body substances, and mucous members

• Gloves will be worn when there are cuts, breaks, or openings in the skin

• Gloves will be worn when there is possible contact with urine, feces, vomits, dressing wounds drainage, soiled linen, or soiled clothing

• Hands and other body parts must be washed immediately if contaminated with blood or body fluids

• Hands must be washed immediately after removing gloves

• Hands must be washed after contact with a student

Why is Hand Washing Important?

Hand washing in the number one way to prevent infection.•Using warm or lukewarm running water lather your hands with soap.•Rub your hands together to make a lather. Rub your palms together and intertwine your fingers to make sure you get between them. Don’t forget the back of your hands!•Keep rubbing your hands together! For proper hand washing this step should take no less then 20 seconds.•Rinse your hands well! •Dry your hands well, using a clean paper towel.

Life-Threatening Food Allergy Policy

It is the Administrative Team’s expectation that specific building-based guidelines/actions will take into account the health needs and well-being of all children without discrimination or isolation of any child.

To minimize the risk of exposure to food allergens that pose a threat to SWCEC students and to educate the SWCEC community about life-threatening food allergies.

1. Establish a building-based general Medical Emergency Plan and Life-Threatening Allergy Medical Emergency Plan. 

2. Develop and implement an Individual Health Care Plan (IHCP) for all students with diagnosed life-threatening allergies, based on medical documentation.

3. Implement annual life-threatening allergy and epi-pen training for all staff.

4. Minimize the use of food during the school day.

Technology Acceptable Use Policy

• Employees are to utilize school information technology only for purposes related to the schools and the performance of their jobs. School information technology shall be used in a manner consistent with SWCEC educational mission and which shows respect for the use of a shared resource, software and intellectual property rights, ownership of information and system security. An employee’s use of school information technology that is contrary to this Policy or rules is unacceptable and prohibited.

• Confidentiality - Employees are expected to use appropriate judgment and caution in communications concerning students and staff to ensure that personally identifiable information remains confidential.

• No Expectation of Privacy – SWCEC retains control, custody, and supervision of all school information technology owned, leased or paid for by it. SWCEC reserves the right to monitor all computer, Internet, E-mail, and telephone activity by employees and other system users. Employees have no expectation of privacy in their use of school information technology, including E-mail messages and stored files. These may be considered public documents.

Drug-Free Workplace Policy

• It is the intent and obligation of the SWCEC to provide a drug-free, healthful, safe and secure work environment.

• All employees are prohibited from possessing, using, or distributing illicit drugs or alcohol on school premises or at any school-sponsored activity. Illicit drugs are defined as controlled substances under M.G.L. Ch. 94C and include narcotics, cannabis, stimulants, depressants and hallucinogens. Alcohol is defined as alcoholic beverages including beer, wine and distilled spirits.

• Chapter 71, the Commonwealth of Massachusetts, An act Establishing the Education Reform Act of 1993, prohibits the use of any tobacco products within the school buildings and school facilities, on the school grounds or on school buses by any individual, including school personnel.

• Any employee violating any section of the Drug-Free Schools Employee Policy will be subject to disciplinary action up to and including termination.

SWCEC Professional Behavior

• SWCEC employs over 150 individuals, each with unique perspectives and values. Unfortunately, disputes between co-workers are inevitable in an organization of our size. Such disputes will be expected to be handled professionally and without raised voices, profanity and/or physical contact. If you are involved in a dispute with a co-worker please contact your Principal and/or Supervisor for assistance to help to resolve it.

• Please be sure to familiarize yourself with the Student Handbook. All staff should be responsible for knowing these procedures. Located at: http://www.swcec.org

• SWCEC expects all individuals – employees and students alike – to treat each other with dignity and respect.

Conflict of Interest

“...No municipal employee shall, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than the city or town or municipal agency in relation to any particular matter in which the same city or town is a party or has a direct and substantial interest.”

Massachusetts General Laws C268A-S17A&C

•The law also requires every employee shall, within 30 days after becoming an employee, and every 2 years thereafter, complete the

online training program.

Concussion Law Reg 105 CMR 201.010

• MCAS Test Accommodations - A student diagnosed with a concussion is entitled to receive appropriate and necessary test accommodations for MCAS tests, and an IEP or 504 plan must be developed for this purpose. The IEP or 504 team must determine how the student will participate in MCAS in each subject, including whether the student will take the standard MCAS test, and if so, which accommodations will be provided. In the IEP or 504 plan, accommodations must be listed separately for both routine instruction and MCAS testing.

• Instructional accommodations and modifications - must be based on an individual student's academic performance and stage of recovery and must be described either in the graduated reentry plan, current IEP, or 504 plan. The 504 plan may be used to address section 201.010 (2) (b) of the graduated reentry plan (i.e., "instructions for the student's graduated return to extracurricular athletic activities and classroom studies, as appropriate, including accommodations and modifications as needed"). If appropriate, a reference to the graduated reentry plan should be included in the student's IEP in the section titled "Additional Information."

Concussion Law Reg 105 CMR 201.010

• Circumstances in which Students with Concussions May Be Excused from MCAS Testing

• A student diagnosed with a concussion may be excused from MCAS testing only if it is determined that participation would impede the student's recovery or endanger the student's health.

• If a student is present in school but is not well enough to participate in MCAS testing, the student may participate in another academic activity based on the specifications in the graduated reentry plan. In making this determination, the principal should consult with one or more of the following, as appropriate: the school nurse, the guidance counselor, the student's teacher(s), members of the student's building-based support and assistance team or IEP team, parents/guardians, and the physician who made the diagnosis or is managing the student's recovery.

• If it is determined that the student is not well enough to participate in one or more test sessions, the circle on the back cover of the student's answer booklet must be filled in to indicate that the student has a medically documented absence. If a student is excused from MCAS testing, he or she will be designated NTM (the Test Status Code for Not Tested Medically Documented Absence) in reports sent to parents/guardians, the school, and the district.

The Good Samaritan Law

• In Fall 2012, the Massachusetts State Legislature passed language that offers legal protection for those who are providing or seeking medical assistance for victims of drug overdoses. This protection extends to those who are seeking medical attention for themselves in the case of an overdose. The legislation (MGL) Chapter 94C, Section 34A) is as follows:

• Section 34A. (a) A person who, in good faith, seeks medical assistance for someone experiencing a drug related overdose shall not be charged or prosecuted for possession of a controlled substance under sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.

• (b) A person who experiences a drug-related overdose and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request, shall not be prosecuted for possession of a controlled substance under said sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.

• (c) The act of seeking medical assistance for someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution under the Controlled Substance Act, 1970 P.L. 91-513, 21 U.S.C. section 801, et seq.

• (d) Nothing contained in this section shall prevent anyone from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute.

• (e) A person acting in good faith may receive a naxolone prescription, possess naxolone and administer naxolone to an individual appearing to experience an opiate-related overdose.

• This law encourages both bystanders and victims to seek help without fear of reprisal, thereby reducing the number of unnecessary, drug-related deaths throughout the Commonwealth. Please inform your students that should they, or someone else, require medical assistance due to a drug overdose, they can contact the authorities without legal repercussions.

Field Trip Policy

Attendance on school-sponsored trips which are not part of required class

activities is not a student’s right, but a privilege. No student may attend

such a trip if, in the determination of the principal or her/his designee as

part of disciplinary action, the student’s behavior has been so inappropriate

or antisocial as to be deemed disruptive to the planned trip. All rules and

regulations as specified in the SWCEC Students’ Rights and

Responsibilities Handbook will be in effect throughout any school trip.

Field Trip Policy

There is to be no solicitation of privately run trips by teachers, students, or

other school personnel. Under no circumstances is school property or

school time to be utilized in the promotion, advertisement or discussion of

any privately planned and organized non-school sponsored trips.

Purpose of Field Trips

Field trips that are integral to a specific curriculum unit

Field trips that build group identity.

Field trips that enrich general curriculum goals

Field Trips that celebrate or culminate group work

For more information and forms related to field trips

consult the Employee Handbook.

Wrap Up

I ________________ completed and understand the following training modules:– Equal Education &Civil Rights: Discrimination, Harassment, ADA, 504 Plans, DCAP– Bullying in Schools– Anti - Hazing– 51A – Child Abuse and Neglect Reporting– Physical Restraint Overview– Student Records and Confidentiality– Universal Precautions/Life Threatening Food Allergies– Technology Acceptable Use Policy– Drug-Free Workplace Policy– SWCWC Professional Behavior Practices– Conflict of Interest– Concussion Law– Good Samaritan Law– Field Trip Policy– Employee Handbook

__________________________ ______________Signature: Date:

Wrap Up

If you have any questions about the material contained in these slides, please contact your principal, and school administrator. A copy of this will be available on the district website under mandatory trainings for your future reference.

Thank you for your dedication to

the students and community of

SWCEC.

We wish you a fantastic

2014-2015 school year!