Leicester School District

1
Leicester School District

• Annual Staff Training
• Physical Restraint
• Confidentiality
• Harassment
• Suspected Child Abuse and Neglect
• Universal Precautions
• Student Records
• Anti Bullying Legislation
• Social Networking/Websites/e-Communication
• Ethics Training

2
General Overview of Physical Restraint
Requirements

• M.G.L. c. 71 37G
• 603 CMR 46.00

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What is a Restraint?

• Physical Restraint the use of bodily physical
  force to limit a students freedom of movement.
• Does not include the touching or holding of a
  student, without the use of force, for the
  purpose of directing the student.
• Mechanical Restraint, Chemical Restraint,
  Seclusion - Prohibited

When Restraint May Be Used ?

• Where non-physical interventions would be
  ineffective and
• The students behavior poses a threat of
  imminent, serious, physical harm to self and/or
  others.
• Restraint may not be used as punishment, as a
  response to property destruction, or in response
  to a students refusal to comply with
  rules/directions unless harm standard is met

4
Administration of Restraint

• Restraint to be administered only by trained
  personnel
• Must use minimum amount of force necessary in the
  safest manner possible
• Must terminate restraint as soon as possible

5
Safety Requirements of Restraint

• Make sure student is able to breathe and speak.
• Monitor physical well-being, monitor respiration.
• If student experiences physical distress --
  release restraint and seek medical assistance
  immediately.
• Know students medical and psychological
  limitations and behavior intervention plans.

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Reporting Requirements

• Any restraint lasting more than 5 minutes must be
  reported
• Staff member must immediately inform the building
  Principal and must file a written report within
  24 hours
• Principal must inform the students parents
  immediately and must send a detailed written
  report w/in 3 school days
• Must also send report to DOE if the restraint
  lasts more than 20 minutes (Extended Restraint)

Content of Written Report

• Who participated in the restraint? Observers?
  Who was informed and when?
• When did the restraint occur? (date/time)
• What was happening before, during, and after the
  restraint? Describe alternative efforts attempted
  and the outcomes of those efforts. What behavior
  prompted the restraint? Describe the restraint.
  
• Documentation of any injury to students or staff.
• Has the school taken, or will it take, any
  further actions, including disciplinary
  consequences?

7
Special Circumstances

• Parents may agree to a waiver of reporting
  requirements in individual circumstances (not for
  serious injury and not for extended restraints),
  but
• School cannot require parental consent to waiver
• School must detail alternate reporting mechanism.

• For students with disabilities (w/ IEPs or 504
  plans), physical restraint can be used for
  different reasons (other than danger) if reasons
  are detailed and part of the IEP or 504 Plan.
  Certain limits and requirements will still apply.

Find the Regulations http//www.doe.mass.edu/law
sregsSee 603 CMR 46.00
8
CONFIDENTIALITYFORSCHOOL STAFFAnnual
training required by the MA Department of
Education
9
STUDENT RECORD REGULATIONS

• Protect the rights of students and families
  regarding CONFIDENTIALITY, INSPECTION, AMENDMENT,
  and DESTRUATION of student records
• Provide guidance to districts in carrying out
  state and federal laws

10
CONFIDENTIALITY

• In all INFORMAL SITUATIONS (faculty rooms,
• offices, hallways, conversations)
• You CANNOT give any personally identifying
• information about the student to anyone who is
• not directly involved in that childs education
• without written parental consent.

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PROTECTED INFORMATION

• Whether or not
• student attends the school
• is present on a given day
• Students address and phone number
• This information is also protected from
• non-custodial parents and grandparents.

12
CONFIDENTIALITY IN SCHOOL

• Do not discuss information about students in
  public places (lunchroom, staff room, bus lines,
  etc.)
• Share only information that is part of the work
  process with qualified personnel
• Do not leave personal student information in
  public view

13
CONFIDENTIALITY

• When out of school, you cannot
• Discuss any school discipline issue
• Divulge whether a student is in special education
• Talk about if a student has problems, is seeing a
  guidance counselor, or has gotten into trouble
• Talk about a students attendance, grades, or
  appearance
• Discuss test scores or academic performance

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Forms of Harassment
RECOGNIZING AND RESPONDING TO HARASSMENT
WITHIN OUR SCHOOLS

• Harassment can be based on
• Sex / Sexual Orientation
• Race
• National Origin
• Disability
• Religion

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Sexual harassment is the most common form of
harassment in schools.

• Sexual harassment is a form of sex
  discrimination under both Title VII of the 1964
  Civil Rights Act and Title IX of the 1972
  Education Amendments.

16
Title IX

• No person in the United States shall, on the
  basis of sex, be excluded from participation in,
  be denied the benefits of, or be subjected to
  discrimination under any educational program or
  activity receiving Federal assistance.
• Education Amendments of 1972,20 U.S.C. Sec.
  1681(a)

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In schools sexual harassment is...

• A Student Issue

• An Employee Issue

Anyone can be a victim or perpetrator of sexual
harassment.
What is sexual harassment?
Unwelcome behavior of a sexual nature, whether
the behavior is written, verbal, or physical.
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Two types of Sexual Harassment

• Quid pro quo harassment occurs when a school
  employee causes a student to believe that he or
  she must submit to unwelcome sexual conduct in
  order to participate in a school program or
  activity. It can also occur when an employee
  causes a student to believe that the employee
  will make an educational decision based on
  whether or not the student submits to unwelcome
  sexual conduct. For example, when a teacher
  threatens to fail a student unless the student
  agrees to date the teacher, it is quid pro quo
  harassment.
• Hostile environment harassment occurs when
  unwelcome sexually harassing conduct is so
  severe, persistent, or pervasive that it affects
  a student's ability to participate in or benefit
  from an education program or activity, or creates
  an intimidating, threatening or abusive
  educational environment. A hostile environment
  can be created by a school employee, another
  student, or even someone visiting the school,
  such as a student or employee from another
  school.

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Sexual harassment may include verbal forms .

• Sexual or gender based jokes or teasing
• Words such as honey", "sweetie or babe
• Whistles or other derogatory noises
• Comments about a persons body
• Derogatory comments based on gender

Sexual harassment may also include visual forms.

• Obscene posters, cartoons, and pin-ups
• Computer graphics and obscene messages on
  computer bulletin boards
• Offensive models, statues, and figurines
• Inappropriate clothing

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Physical forms of sexual harassment may include.

• Inappropriately touching another person
• Grabbing and/or fondling
• Rubbing up against a person
• Massaging or stroking another person
• Stalking

Sexual harassment can also result from..

• Staring
• Physical gestures that have a sexual connotation
• Suggestive looks and facial expressions that have
  sexual implications
• Blocking the pathway of another to make a sexual
  advance

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What constitutes sexual harassment?

• An act or conduct that is severe, persistent, or
  pervasive.
• Limits a students ability to participate in, or
  benefit from, an educational program, or
• Creates a hostile or abusive environment.

What is your responsibility?

• As an employee you are obligated to foster a
  working environment that is free of harassment.
• As an employee of the Leicester Public Schools,
  you have a duty to provide a learning environment
  that is free of sexual harassment and other types
  of harassment.

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If you witness any type of harassment do the
following

• Take prompt action and stop the harassment.
• Report all incidents to the building principal
  or assistant principal
• Provide the names of all parties involved and
  any witnesses.
• Help document exactly what was said or done.

If a student tells you that he/she has witnessed
or been the victim of harassment

• Inform the student of his/her right to file a
  complaint and offer to escort the student to
• meet with the Principal or Assistant Principal
• Immediately notify the Principals office of the
  students report of harassment

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Harassment/Discrimination Grievance Process

• Initial Complaint or Report of Harassment
• Building Principal/designee notified
• Building Principal/designee meets with
  complainant
• Building Principal/designee conducts
  investigation

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Harassment/Discrimination Grievance Process
Level 1

• Step 1
• If a student, employee of third party believes
  that she/he (1) has been subjected to or
  witnessed harassment or discrimination or (2)
  has been subjected to or witnessed retaliation
  against an individual associated with a complaint
  of harassment / discrimination, the student,
  employee or third party shall report the incident
  promptly to a teacher, counselor or building
  administrator. The teacher, counselor or
  administrator shall thereafter refer the
  complainant to the building principal.

• Step 2
• a. A complaint of harassment / discrimination
  shall be filed in writing with the building
• grievance/ harassment coordinator
  (principal or designee).
• b. The building grievance/ harassment
  coordinator meets with the complainant to obtain
  all
• relevant information including the
  names of witnesses and any documentary evidence,
  
• conducts an investigation, and
  responds to the complainants parents/guardians
  in writing
• within ten (10) school working days.
• c. Copies of the written response will be
  provided to the Superintendent and the
  appropriate
• District-wide grievance officer.
• d. Where appropriate, immediate action may be
  taken by the building grievance/ harassment
• coordinator to prevent recurrence of
  any harassment and to correct its discriminatory
• effect(s) on the complainant.
  Retaliation against the complainant by the
  individual
• complained of or any other person is
  prohibited and will result in severe disciplinary
  action.

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Grievance Process Level II

• If a satisfactory resolution is not achieved at
  Level 1, the complainant may, within ten (10)
  school working days of receiving the decision
  rendered at Level 1, file a grievance with the
  Administrator of Special Education (for
  discrimination/harassment on the basis of
  disability) or the grievance officer (for all
  other forms of discrimination/harassment), who
  shall meet with the complainant, conduct further
  investigation (where appropriate) and shall
  provide a written response to the aggrieved party
  within ten (10) school working days.
• Where appropriate, immediate action may be taken
  by the Superintendent grievance officer to
  prevent recurrence of any harassment/discriminatio
  n and to correct its discriminatory effect(s) on
  the complainant.

Grievance Process Level III

• If a satisfactory solution is not achieved at
  Level 2, the complainant may file a written
  appeal to the Superintendent of the Leicester
  Public Schools. The Superintendent will meet
  with the complainant, conduct further
  investigation (where appropriate), and will
  provide a written response to the aggrieved party
  within ten (10) school days. The
  Superintendents decision on the complainants
  appeal shall constitute the Districts final
  decision with regard to the complainants
  grievance.

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District-Wide Grievance Coordinators

• Title IX
• Christine Johnson, Director of Finance/Operations
  
• 1078 Main Street Leicester, MA 01524
  508-892-7040
• Section 504 / ADA
• Elaine Carder
• Leicester High School 174 Paxton Street
  Leicester, MA 01524 Phone [phone]

Other State and Federal Agencies

• Complainants shall be informed upon the filing of
  a grievance that, at any point in the
• process, they have the right to file a complaint
  with the following state or federal
• agencies
• Regional Office for Civil Rights, 33 Arch Street,
  Suite 900, Boston, MA 02110-1491 [phone]
• Massachusetts Commission Against Discrimination,
  One Ashburton Place, Sixth Floor, Room 601,
  Boston, MA 02108, [phone]
• Massachusetts Department of Education, 350 Main
  Street, Malden, MA 02148, [phone]
• United States Equal Employment Opportunity
  Commission (EEOC), 475 JFK Federal Building,
  Boston, MA 02203-0506. [phone].

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Protecting Children from Abuse
Reporting Suspected Child Abuse and Neglect51A
Guidelines

• M.G.L. c. 119 51A
• Requires that all mandated reporters report
  suspected cases of abuse and/or neglect to the
  Department of Social Services of the town in
  which the child resides.
• Mandated Reporters Public school teachers,
  counselors and administrators

51A Abuse Reports Triggers
If you have reason to believe that a child has
suffered, or is suffering physical or emotional
injury as a result of abuse or neglect which
causes harm or substantial risk of harmReport it!
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Reporting Suspected Abuse

• As a school employee you are a mandated reporter.
  The standard for reporting suspected abuse and
  neglect is reasonable cause to believe which
  means that mandated reporters need only a "mere
  suspicion" that abuse or neglect was committed
  against a person with a disability. If abuse or
  neglect is suspected, trust your feeling and file
  a report. It is better to err on the side of
  action.
• If you suspect abuse, contact the building
  Principal or Assistant Principal immediately.
• The administrator will then make an oral report
  of suspected abuse to DSS and, within 48 hours,
  will file a written report.
• The Principal, mandated reporter, students
  counselor, and/or superintendent will determine
  whether to notify the parent(s)

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Types of Abuse

• Physical Physical abuse refers to the use of
  physical force against someone in a way that
  injures or causes pain to that person.
• Sexual Sexual abuse occurs when someone is
  forced to engage in unwanted, unsafe, or
  degrading sexual activity or exploitation without
  their express permission or knowledge.
• Financial Financial abuse is the illegal or
  improper use of another persons funds, property
  or assets without their express permission or
  knowledge, by a person in a position of trust.
• Neglect/Omission Neglect or omission occurs
  when someone responsible for the care and
  well-being of another fails to provide for the
  basic daily living needs of that person resulting
  in, or placing them at risk of, serious physical
  or emotional injury.
• Emotional Emotional abuse may be verbal or
  non-verbal, and occurs when someone is attempting
  to control another person through threatening,
  humiliating, or intimidating actions.
• Mistreatment Mistreatment refers to the use of
  medications or treatments, isolation or physical
  or chemical restraints which harms or creates a
  substantial likelihood of harm

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Reporting Suspected Child Abuse and Neglect51A
Guidelines

• Under Massachusetts General Laws Chapter 119,
  Section 51A, a mandated reporter who has
  reasonable cause to believe that a child under
  the age of eighteen years is suffering physical
  or emotional injury resulting from abuse,
  including sexual abuse, or from neglect, shall
  immediately report such condition to DSS.
  Mandated reporters include public and private
  school teachers, educational administrators,
  guidance or adjustment counselors, psychologists,
  attendance officers, social workers, day care
  providers, health care professionals, court and
  public safety officials.
• In schools, mandated reporters may either report
  directly to DSS or they may notify the person in
  charge of the school (or that person's designee),
  in which case that individual is responsible for
  making the oral and written report to DSS. The
  mandated reporter must make the report orally to
  DSS immediately, and then make a written report
  to DSS within 48 hours. Reports can be telephoned
  to the local DSS area office. After 500 p.m. and
  on weekends, calls should go to the Child-At-Risk
  Hotline at 1-800-792-5200.
• G.L. c.119, s51A states that any person who is
  legally required to report suspected child abuse
  or neglect (i.e., is a mandated reporter), who
  fails to do so is subject to a criminal fine of
  up to 1,000. The statute also specifies that a
  mandated reporter who makes a report of suspected
  child abuse or neglect in good faith is immune
  from liability in any criminal or civil action
  filed in connection with the report.

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UNIVERSAL HEALTH PRECAUTIONS

• Standard Precautions Guidelines are a set of
  precautions designed to prevent the
• transmission of human immunodeficiency virus
  (HIV) Hepatitis B virus (HBV)
• and other blood borne pathogens when providing
  first aid or health care.
• Standard Precautions should be used with
  everyone. There is no way to know of a
• person is infected with a communicable disease,
  therefore all body fluids should
• be handled as if they are infected.
• Body Fluids to which Universal Precautions apply
  are blood, semen and vaginal
• secretions, cerebrospinal fluid, synovial fluid,
  peritoneal fluid, pericardial fluid
• and amniotic fluid.

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UNIVERSAL HEALTH PRECAUTIONS

• The key steps in protection shall be
• Treating every person as though they have an
  infectious disease
• Use of protective barriers ( gloves, masks, etc.)
  
• Proper hand washing
• Appropriated disposal of hazardous waste
• Proper leaning of contaminated areas

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• Gloves should be worn
• when it is likely you will come into contact with
  blood or body fluids
• changing diapers
• when you have broken areas of skin
• when cleaning up any area that were in contact
  with body fluid
• Do not remove gloves prior to touching non
  contaminated objects or reuse
• gloves!
• Glove Removal
• Pinch palm of glove on hand and pull glove down
  and off fingers
• Form glove into ball and place in palm of gloved
  hand
• Insert finger of ungloved hand under inside of
  rim and gloved hand. Push glove
  inside out over fingers and around the balled up
  glove
• Grasp inside out gloves and discard into plastic
  bag and seal
• Wash hands

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Hand Washing

• Wet hands with war, running water
• Apply liquid soap and water or use alcohol-based
  hand rub
• Wash hands thoroughly using a circular motion
• Wash between fingers, backs of hands and wrists
• Rinse and dry hands well
• Use paper towel to turn off water

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Clean Up

• Wear gloves
• Mop up spill with paper towels or other absorbent
  material
• Use a solution of 1 part household bleach and 10
  parts water, wash area well
• Dispose of glove, soiled towels and other waste
  in sealed double plastic bag

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Conclusion

• Prevention is the Key!!
• It is impossible to tell if someone is infected
• by looking at him/her.
• Treat every situation as a potential risk and
• each individual as though they have and
• infectious disease.

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Student Records

• M.G.L. c. 71 34(A-H)
• 603 CMR 23.00
• Family Educational Rights and Privacy Act (FERPA)

What is a Student Record?

• Permanent Record
• Transcript
• Temporary Record
• All information, in any form, that is organized
  on the basis of the students name or in a way
  that the student may be individually identified.
• Does not include personal memory aids of staff so
  long as they are not revealed to a third party.

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Destruction and Amendment of the Student Record

• Permanent Record must be Maintained for 60 years
• Temporary record must be maintained for 7 years
  after withdrawal, transfer, graduation.
• Must provide Notice of Destruction
• Amendment of Record
• Must be approved by Principal

Access to Student Records

• Those entitled to access a student record
• Parents and Students over 14
• Administrative and clerical staff
• Authorized school personnel
• Administrators, teachers, counselors, and other
  professionals who are providing services directly
  to the student
• Other individuals with written consent of the
  parents/student

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Non-Custodial Parents

• M.G.L. c.71 34H prohibits the release of student
  record information to non-custodial parents
  without providing 21 days prior notice to the
  parent with physical custody of the student.
  Physical custodian has 21 days to show that
  non-custodial parent is not eligible to receive
  records.
• If records are produced to the non-custodial
  parent, the school must remove all addresses from
  the documents

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Massachusetts Anti-Bullying Law

• M.G.L. c.71, 37o
• Prohibits bullying in public schools, charter
  schools, approved private schools,
  collaboratives, and non-public schools, at school
  sponsored events, and at events unrelated to
  school or through the use of personal technology
  if
• the bullying creates a hostile environment at
  school for the student
• Infringes upon the rights of the victim at school
• Or materially and substantially disrupts the
  education process for the Student or the orderly
  operation of a school.

• Definitions
• 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 victim that
• (i) causes physical or emotional harm to the
  victim or damage to the victims property
• (ii) places the victim in reasonable fear of
  harm to himself or of damage to his property
• (iii) creates a hostile environment at school
  for the victim
• (iv) infringes on the rights of the victim at
  school or
• (v) materially and substantially disrupts the
  education process or the orderly operation of a
  school.

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Massachusetts Anti-Bullying Law

• Definitions continued
• Cyberbullying
• bullying through the use of technology or any
  electronic communication
• Cyberbullying shall also include
• (i) the creation of a web page or blog in which
  the creator assumes the identity of another
  person or
• (ii) the knowing impersonation of another person
  as the author of posted content or messages, if
  the creation or impersonation creates any of the
  conditions enumerated in clauses (i) to (v),
  inclusive, of the definition of bullying.
• Cyber-bullying shall also include the
  distribution by electronic means of a
  communication to more than one person or the
  posting of material on an electronic medium that
  may be accessed by one or more persons, if the
  distribution or posting creates any of the
  conditions enumerated in clauses (i) to (v),
  inclusive, of the definition of bullying.

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Massachusetts Anti-Bullying Law

• School Obligations
• Must develop and file a Bullying Prevention and
  Intervention and Plan (BPIP) by 12/31/10
• Must develop internet safety plan
• Must train ALL staff annually regarding BPIP
• Must amend student handbooks to reference M.G.L.
  c.71, 37o
• Must amend student handbooks to include
  age-appropriate definitions of bullying and
  anti-bullying policies and procedures.
• Must report bullying that may result in a
  criminal charge to law enforcement authorities
• See M.G.L. c.265 and 269 Amended criminal
  harassment statutes
• Must implement an appropriate anti-bullying
  curriculum throughout grades K-12 and notify
  parents of the curriculum content

• School Staff Obligations
• Any staff member who witnesses or becomes aware
  of bullying or retaliation must report it to the
  principal or to the school official identified in
  the BPIP as responsible for receiving such
  reports or both.
• The school principal or a designee shall promptly
  conduct an investigation. If the school principal
  or a designee determines that bullying or
  retaliation has occurred, the school principal or
  designee shall
• notify the local law enforcement agency if the
  school principal believes that criminal charges
  may be pursued against a perpetrator
• take appropriate disciplinary action
• notify the parents or guardians of a perpetrator
  
• notify the parents or guardians of the victim,
  and to the extent consistent with state and
  federal law, notify them of the action taken to
  prevent any further acts of bullying or
  retaliation.

43
Massachusetts Anti-Bullying Law
Children with Disabilities Amends M.G.L. c.71B,
3 Whenever the evaluation of the Individualized
Education Program team indicates that the child
has a disability that affects social skills
development or that the child is vulnerable to
bullying, harassment or teasing because of the
childs disability, the IEP shall address the
skills and proficiencies needed to avoid and
respond to bullying, harassment or teasing.
44
Massachusetts Anti-Bullying Law
Other Provisions M.G.L.. c.265, 43 (stalking)
and 43A (criminal harassment) Whoever willfully
and maliciously engages in a knowing pattern of
conduct or series of acts over a period of time
directed at a specific person, which seriously
alarms that person and would cause a reasonable
person to suffer substantial emotional distress,
shall be guilty of the crime of criminal
harassment and shall be punished by imprisonment
in a house of correction for not more than 2 ½
years or by a fine of not more than 1,000, or by
both such fine and imprisonment. M.G.L. c.269,
14A Whoever telephones another person or
contacts another person by electronic
communication, or causes a person to be
telephoned or contacted by electronic
communication, repeatedly, for the sole purpose
of harassing, annoying or molesting the person or
the persons family, whether or not conversation
ensues, or whoever telephones or contacts a
person repeatedly by electronic communication and
uses indecent or obscene language to the person,
shall be punished by a fine of not more than 500
or by imprisonment for not more than 3 months, or
by both such a fine and imprisonment.
45

• Policy 321A Policy on Social
  Networking/Websites/e-Communication
• The District will annually review with staff
  members the importance of maintaining proper,
• professional decorum with regards to the use of
  technology, specifically with on-line/digital
  forums
• with special emphasis on
• Improper fraternization with students using
  Facebook and/or similar internet sites, social
  networks, or via cell phone, texting or
  telephone.
• all e-contacts with students should be conducted
  through the Districts computer and telephone
  system, except in emergency situations.
• inappropriate contact via e-mail or phone is
  prohibited, staff may not list students currently
  enrolled in the Leicester Public Schools as
  friends on networking sites.
• all contact and messages by coaches/advisors/chape
  rones, etc. with team members/students shall be
  sent to all members of the group, except for
  messages concerning medical or academic privacy
  matters, in which case the messages will be
  copied to the school principal.
• Inappropriateness of items posted by an employee,
  having sexual content.
• Inappropriateness of items posted by an employee
  exhibiting said employee illicitly using or
  advocating the illicit use of drugs and/or
  alcohol
• The penalties for improper use of district
  computers and technology (see acceptable use
  policy.
• The District recognizes that in certain
  situations, such as on field trips, it may be
  desirable for students to have a staff members
  cell phone number. However, as a general
  practice, the District strongly recommends that
  staff members not give out their private cell
  phone or home phone numbers to students.  
• The District reserves the right to conduct
  internet searches to see if staff has posted
  inappropriate materials on-line. Should
  inappropriate internet posts or inappropriate use
  of Leicester Public School technology be
  discovered, the Superintendent/designee will
  promptly discuss the matter with the staff member
  and may consider and apply disciplinary action as
  deemed appropriate.  

46
Ethics Training
Every two years all staff must complete the
online ethics training Online Training Program
Every 2 years, all current state, county and
municipal employees must complete online
training. New public employees must complete
this training within 30 days of beginning public
service, and every 2 years thereafter. Upon
completing the program, employees should print
out the completion certificate and keep a copy
for themselves. Employees will be required to
provide a copy of the completion certificate to
the Town or City Clerk (municipal employees),
their employing agency (appointed state and
county employees), or to the Ethics Commission
(elected state and county employees). Completing
the single program will be considered by the
Commission as meeting the Bill's training
requirements until a second program is added.
Summary of Conflict of Interest Law All current
municipal employees must be provided with this
summary of the conflict of interest law. Every
municipal employee is required to sign a written
acknowledgment that he has been provided with the
summary.