Monomoy Regional School District Mandated Laws and Regulation Training

1
Monomoy Regional School DistrictMandated Laws
and Regulation Training

1
2
Topics Covered

• Monomoy Coordinator
• Title VII- Civil Rights Act prohibits
• Discrimination, bias, harassment.
• MSRD Civil Rights Policy
• Prevention, Reporting, Complaint Procedure
• Mandated Reporters of Child Abuse
• Family Medical Leave Act (FMLA)
• Domestic Violence Leave Act
• Drug-Free Workplace
• Americans with Disabilities Act (ADA)
• Employee Assistance Program (EAP)
• Physical Restraint
• Confidentiality of Student Records
• Diverse Learners
• Bullying Law
• Coordinator Chart

2
3
Title VII of the Civil Rights Act -1964 and
Massachusetts Law

• Prohibits discrimination on the basis of
• Race
• Color
• Religion
• National Origin
• Sex
• Gender Identity
• Pregnancy
• Disability
• Age
• Sexual Orientation
• Housing status

3
4
Civil Rights Policy

• It is the policy of the Monomoy Regional School
  District to provide a safe and secure environment
  for all without distinction based on race, color,
  religion, ethnicity, disability, gender, gender
  identity, age, housing status or sexual
  orientation.
• Discrimination based on protected class, sexual
  and bias-motivated harassment, retaliation, and
  other violations of civil rights will not be
  tolerated.

4
5
Commitment to Prevention

• The Monomoy Regional School System is committed
  to the prevention, remediation, and the accurate
  reporting of bias incidents and civil rights
  violations, to the end that all stakeholders can
  enjoy the advantages of a safe and tolerant
  environment where individual differences are
  respected.
• School employees must report ongoing civil rights
  violations and episodes of wrongful harassment to
  the principal of each school.

5
6
Identification of Prohibited Conduct

• Bias Incident any act, including conduct or
  speech, directed to a person because of actual or
  perceived race, color, religion, ethnicity, age,
  disability, gender, gender identity, sexual
  orientation or any other class protected by state
  or federal laws. A bias incident is tied to
  protections of persons belonging to a particular
  class protected by civil rights.
• A bias incident may or may not be a criminal act.

6
7
Prohibited Conduct (contd)

• Discrimination consists of unequal treatment
  among people based on actual or perceived
  differences. Discrimination is illegal in
  certain circumstances, such as when an individual
  or group of individuals are treated unequally
  because of their race, color, religion, age,
  national origin, disability, sexual orientation,
  gender or gender identity.
• Harassment consists of unwelcome verbal,
  written or physical conduct targeting specific
  person(s), which is persistent or pervasive so as
  to create an intimidating, hostile, humiliating,
  or offensive school environment or which
  substantially interferes with an employees work
  environment or a students education.
• Any teacher who receives a complaint from a
  student or a teacher is expected immediately to
  refer the complaint to the Coordinator, Building
  Principal or Superintendent.

7
8
Report Civil Rights Violations to either/or

• Your Building Principal
• Coordinator of Civil Rights - Joan Goggin
  Director of Student Services
• Superintendent- Mr. Scott Carpenter

8
9
Governmental Agencies

• If you choose to do so, you may contact and/or
  file a formal complaint with either or both of
  the following agencies responsible for enforcing
  laws prohibiting harassment in addition or
  instead of filing a complaint with the School
  District
• United States Equal Opportunity Employment
  Commission, (EEOC), John F Kennedy Federal
  Building, 475 Government Center, Boston, MA
  02203, 800-669-4000
• Massachusetts Commission Against Discrimination
  (MCAD), One Ashburton Place, Room 601,Boston, MA,
  617-727-3990
• Violations regarding Civil Rights can be
  addressed to
• Office for Civil Rights (OCR), 33 Arch Street,
  Suite 900, Boston, MA 02110. - [phone]

10
Safe School Climate for All

• The Monomoy Regional School District shall,
  through our curricula, encourage respect for the
  human and civil rights of all individuals
  regardless of race, color, age, religion,
  national origin, gender, gender identity,
  disability, sexual orientation or any other class
  protected by state or federal laws.
• It is the policy of Monomoy Regional School
  District that an annual evaluation of all aspects
  of the PK-12 program must ensure that all
  students are given the opportunity to participate
  in all programs offered by the school, including
  athletics and other curricula activities.

10
11
Quid Pro Quo Sexual Harassment

• Defined in Chapter 151B as
• Sexual advances, requests for sexual favors, and
  other verbal or physical conduct of a sexual
  nature when submission to or rejection of such
  advances, requests or conduct is made either
  explicitly or implicitly, is a term or condition
  of employment, or is a basis for employment
  decisions.

11
12
Quid Pro Quo Harassment (contd)

• The Claimant must prove
• That the alleged harasser made sexual advances or
  requests, or otherwise engaged in conduct of a
  sexual nature
• The sexual conduct was unwelcome
• And either
• S/he rejected such advances, requests or conduct
  and
• The terms or conditions of his/her employment
  were then adversely affected
• Or
• S/he submitted to such advances, requests or
  conduct and
• when s/he submitted to the unwelcome sexual
  conduct, s/he did so in reasonable fear of
  adverse employment action

12
13
Hostile Work Environment

• Defined by Chapter 151B as
• sexual advances, requests for sexual favors, and
  other verbal or physical conduct of a sexual
  nature when . . . such advances, requests or
  conduct have the purpose or effect of
  unreasonably interfering with an individual's
  work performance by creating an intimidating,
  hostile, humiliating or sexually offensive work
  environment.

13
14
Examples of Harassment

• Verbal harassment, such as derogatory comments,
  jokes, slurs or remarks/questions of a sexual
  nature.
• Physical harassment, such as derogatory or
  offensive posters, cards, cartoons, graffiti,
  drawings, looks or gestures.
• Using electronic or social media to make
  derogatory or other harassing comments.
• The victim is encouraged (but not required) to
  make it clear to the alleged harasser that the
  behavior is bothering him/her if s/he can
  comfortably do so.

14
15
In a hostile work environment case, the
complainant must prove

• S/he was subjected to conduct of a sexual nature.
• Such conduct was unwelcome.
• Such conduct had the purpose or effect of
  creating an intimidating, hostile, humiliating or
  sexually offensive work environment and
• Such conduct unreasonably interfered with the
  complainants work performance or altered the
  terms and conditions of the complainant's
  employment.

15
16
Employee/Visitor Complaint
Procedure

• Any employee/visitor who believes that s/he has
  been subjected to sexual harassment may file a
  written complaint with the principal and/or
  immediate supervisor or other administrator.
• The designated Complaint Manager
  (building principal) shall be responsible for
  assisting employees, visitors and other persons
  using the facilities seeking guidance or support
  in addressing matters relating to sexual
  harassment or inappropriate behavior of a sexual
  nature.

16
17
Complaint Procedure (contd)

• The investigation must be completed within a
  timely manner after the complaint is filed, and
• After a review with the site-based manager, a
  written recommendation will be forwarded to the
  Superintendent of Schools.
• Complaint may also be filed with MCAD or EEOC.

17
18
Report Sexual Harassment Violations to either/or
( only necessary to report to one person)

• Your Building Principal or building designee
• Superintendent of Schools-Mr. Scott Carpenter
• Or
• Coordinator of Civil Rights- Joan Goggin,
  Director of Student Services

18
19
Mandated Reporter of Child Abuse

• A person who, because of his/her employment, is
  likely to have contact with children on a regular
  basis within a school district.
• Mandated reporters are required to notify the
  designated person in charge of their school
  facility, if s/he has cause to believe that a
  child under age 18 is suffering from physical,
  emotional or sexual abuse.
• The legislature defines these persons
• Nurses
• Teachers and Guidance counselors
• Administrators
• School Psychologists

19
20
MRSD Reporting Procedures

• All cases of suspected abuse will be reported to
  the Principal or designee who will immediately
  notify the appropriate personnel/designee to
  report to DCF.
• The building designee has the ultimate
  responsibility to notify all required authorities
  and to generate written reports.
• The reporters name, alone, appears as the School
  Systems representative.
• Please be aware that in the case of a crime being
  committed the proper authorities will be notified
  but the district must still interview individuals.

20
21
Family Medical Leave Act(FMLA 1993)

• FMLA provides employees with entitlement to 12
  work weeks of unpaid leave during any 12 month
  period for the following purposes
• The birth of a child
• The placement of a child with the employee for
  adoption or foster care.
• The care of an employees spouse, child, or
  parent who has a serious health condition.
• An employees serious health condition that makes
  him/her unable to perform the essential functions
  of his/her position.

21
22
Advance Notice Medical Certification

• The employee must provide notice of intent to
  take family and medical leave not less than 30
  days before leave is to begin or, if need was not
  foreseeable, as soon as possible.
• An employer may request medical certification for
  FMLA leave taken to care for an employees
  spouse, child, or parent who has a serious health
  condition, or for the serious health condition of
  the employee.

22
23
Domestic Violence Law (August 8, 2014)

• New law signed on August 8, 2014 which creates
  leave in certain situations for victims of
  domestic violence.
• Employer may permit an employee to take up to 15
  days leave in any 12 month period if the employee
  or family member of the employee is a victim of
  abusive behavior. The employee can use leave
  from work for
• Obtain medical attention, counseling, victim
  services or legal services
• Secure housing
• Obtain a protective order from a court
• Appear in court or before a grand jury
• Meet with the DA or other law enforcement
  official
• Attend child custody proceedings or

24
Domestic Violence Law (cont.)

• Address other issues directly related to abusive
  behavior against eh employee or family member of
  the employee
• Abusive behavior that includes domestic violence,
  stalking, sexual assault or kidnapping.
• Provisions-
• Employers are not allowed to retaliate against an
  employee for taking leave. An employee taking
  leave may not lose any benefit accrued prior to
  taking leave and must be restored to the same or
  equivalent position upon return.
• The Act does not mandate paid leave and it
  requires the employee prior to requesting or
  taking leave to exhaust all paid time, including
  vacation, personal and sick time prior to
  requesting or taking time under this law.

25
Domestic Violence Act (cont.)

• Advance leave notice
• Employee is generally required to provide
  appropriate notice in advance in accordance with
  MRSD policies on leave with exception of
  imminent danger. In this case the employee is
  required to give three (3) work days that the
  leave was taken or is being taken. An employer
  is not permitted to take negative action for an
  unauthorized absence if within thirty (30) days
  from an unauthorized absence the employee is able
  to produce documentation from the list ( given in
  notice of Domestic Violence Act) of documentation
  of the need for leave pursuant to the Act.

26
Domestic Violence Act (cont.)

• Documentation
• The employer is permitted to require
  documentation and within a reasonable period of
  time
• List of document is included in the MRSD
  notification to employees.
• All notice from employees will be handled in the
  strictest of confidence given the sensitive
  nature of the situation.

27
Drug Free Workplace Act

• Requires school districts to maintain a drug free
  environment.
• It explicitly prohibits employees from
• Manufacturing, distributing, dispensing,
  possessing or using unlawful drugs in the
  workplace.
• Employees cannot use drugs except for legitimate,
  medical purposes.
• A doctor must state that it will not adversely
  affect performance.

27
28
American w/Disabilities Act (ADA)

• This act gives civil rights protections to
  individuals with disabilities.
• It guarantees equal opportunities for individuals
  with disabilities in public accommodations,
  employment, transportation, state and local
  government services and telecommunications.

28
29
ADA (contd)

• ADA Information Line 1-800-514-0301
• TTY 1-800-514-0383

29
30
ADA - Disabilities

• Physical or Mental impairment that substantially
  limits one or more major life activities, or
• A record of such impairment, or
• Being regarded as having such impairment.

30
31
Who is Covered?

• The law protects qualified individuals with a
  disability defined as
• A person who has a disability and who, with or
  without reasonable accommodation, can perform the
  essential functions of the job that such person
  desires or holds.
• Please contact your principal with questions or
  if you believe you have a disability and would
  like to discuss the impact of your disability on
  your job or whether you require reasonable
  accommodation(s) to perform your job.

31
32
Employee Assistance Program

• EAP services provided by Wellness
  Corporation-Massachusetts Education and
  Government Association.
• Voluntary, Confidential
• www.WellnessWorkLife.com
• 1-800-828-6025

32
33
Due Process

• Due process is guaranteed by the Constitution
  which states
• Due Process Clause No State shall deprive any
  person of life, liberty, or property, without due
  process of law.
• Students also have due process rights. The
  amount of process due depends on the
  circumstances. Generally, the greater the
  penalty, the more process due.

33
34
Due Process (continued)

• Cases that secure this right-
• Cases Goss v. Lopez (1975) Ingraham v. Wright
  (1977) Horowitz v. Board of Curators, University
  of Missouri (1978)
• G.L. c. 71, 37H, 37H½, and 37H¾ provide due
  process for suspensions and expulsions
• Follows MRSD policies and school handbooks

35
Summary

• It is the responsibility of every employee to be
  aware of and to comply with the civil right
  policies of the Monomoy Regional School District.
• Any employee who believes that s/he has been
  discriminated against may file a verbal and/or
  written complaint to your building principal or
  to Civil Rights Coordinator.
• The Monomoy Regional School District will take
  any and all necessary actions, within its
  jurisdiction, to insure staff and students of
  their educational and civil rights as members of
  the school community.

35
36
Governmental Agencies

• If you choose to do so, you may contact and/ or
  file a formal complaint with either or both of
  the following agencies responsible for enforcing
  laws prohibiting harassment, instead of or in
  addition to filing a complaint with Monomoy
• United States Equal Opportunity Employment
  Commission (EEOC), 1 Congress Street, Boston, MA
  617-565-3200
• Massachusetts Commission Against Discrimination
  (MCAD),One Ashburton Place, Room 601, Boston, MA
  671-727-3990

37
MRSDs Physical Restraint Protocols

• Our students are protected by law from the
  unreasonable use of physical restraint.
• Physical restraint shall be used only in
  emergency situations, after other less intrusive
  alternatives have failed or been deemed
  inappropriate, and with extreme caution.

37
38
Physical Restraint is

• The use of bodily force to limit a students
  freedom of movement. 603 CMR 46.02(3)

38
39
Physical Restraint is not

• Touching or holding a student without the use of
  force.
• Examples
• Physical escort
• Touching to provide instructional assistance
• Other forms of physical contact that do not
  include the use of force.
• Or used to prevent destruction of property

39
40
When may it be necessary?

• When other, non-physical interventions have been
  tried and failed or are judged to be inadequate
  to the circumstances and
• A students behavior poses a threat of IMMINENT,
  SERIOUS, PHYSCIAL HARM to self and/or others.
• IEPs may call for the use of physical restraint.

40
41
Trained staff use restraint with two goals in
mind

• To protect a student and/or staff from immediate,
  serious, physical harm.
• To prevent or minimize any harm to the student as
  a result of the use of such restraint.

41
42
Who is trained?

• Staff members are identified as school-wide
  resources.
• Staff participate in an in-depth training program
  which include understanding positive behavioral
  supports.

42
43
Student Records- confidentiality

• 23.05 Privacy and Security of Student Records
• (1) The school principal or his/her designee
  shall be responsible for the privacy and security
  of all student records maintained in the school.
• (2) The superintendent of schools or his/her
  designee shall be responsible for the privacy and
  security of all student records that are not
  under the supervision of a school principal, for
  example, former students' transcripts stored in
  the school department's central administrative
  offices or student records of school-age children
  with special needs who have not been enrolled in
  a public school.
• (3) The principal and superintendent of schools
  shall insure that student records under their
  supervision are kept physically secure, that
  authorized school personnel are informed of the
  provisions of 603 CMR 23.00 and M.G.L. c. 71,
  34H and are educated as to the importance of
  information privacy and confidentiality and that
  any computerized systems employed are
  electronically secure.
• Regulatory Authority603 CMR 23.00 M.G.L. c.
  71, 34D, 34E.

43
44
Access to records

• Specific guidelines exist to who has the right to
  access student records, including students
  rights, regardless of age. Please refer to
  handout of 603 CMR 23.00.
• Guidelines to non-custodial parents are outlined
  in 603 CMR 23.07.

44
45
Regulations for Diverse Learners

• Specific laws and regulations that refer to
  students with diverse learning needs include
• The Individuals with Disabilities Education Act
  of 2004-- IDEA -- Federal Special Education Law
• Chapter 71B -- Massachusetts Special Education
  Law
• 603 CMR 28.00 Massachusetts Special Education
  Regulations

45
46
Laws and Regulations related to Diverse Learners

• The Massachusetts Education Reform Act
• Section 504 of the Rehabilitation Act Civil
  Rights of Access for Individuals with
  Disabilities
• Chapter 688 of the Acts of 1983-Transition
  Services for Students with Disabilities
• The Americans with Disabilities Act ADA
• No Child Left Behind-NCLB
• Chapter 71A-603 CMR 14.00-English Language
  Education in Public Schools- ELE students
• Federal Law- Title III-Language Instruction for
  Limited English Proficient and Immigrant Students

46
47
Bullying Law-Chapter 92 of the Acts of 2010

• Requires
• Policy
• Process for implementing a Prevention Plan
• Handbooks clear state Bullying Prevention and
  plan
• Curriculum- Prek-12
• Annual written notice to parents and students
• Annual written notice to school staff
• Faculty/staff training
• Employee handbook notice
• Posting on school website for prevention and
  required intervention plan
• Internet safety measures-included in policy
• Provisions for students with IEPs

48
Amendment to Bullying Law

• Original bullying law only addressed Student to
  Student bullying-new amendment addresses staff on
  student bullying which is prohibited
• New definition of bullying is as follows
• the repeated use by one or more students or by a
  member of a school staff including, but not
  limited to, an educator, administrator, school
  nurse, cafeteria worker, custodian, bus driver,
  athletic coach, advisor to an extracurricular
  activity or paraprofessional of a written, verbal
  or electronic expression or a physical act or
  gesture or any combination thereof, directed at a
  victim that

49
Amendment to Bullying Law (cont.)

• (i) causes emotional or physical harm to the
  victim or victims property (ii) places the
  victim in reasonable fear of harm to himself or
  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 or substantially disrupts the
  education process or the orderly operation of a
  school. For the purposes of this section,
  bullying shall include cyberbullying.
• Change in definition of perpetrator reads
  Perpetrator A student or member of school staff
  including but not limited to, an educator,
  administrator, school nurse, cafeteria worker,
  custodian, bus driver, athletic coach, advisor to
  an extra-curricular activity or paraprofessional
  who engages in bullying or retaliation.

50
Amendments to Bullying Law (Cont.)

• New law recognizes certain categories of students
  may be more vulnerable to bullying, harassment,
  or teasing based on actual or perceived
  characteristics, including race, color, religion,
  ancestry, national origin, sex, socioeconomic,
  status, homelessness, academic status, gender
  identity or expression, physical appearance, or
  sensory, disability, or by association with a
  person who has or is perceived to have one or
  more of these characteristics.
• Monomoy must identify specific steps it will take
  to create a safe, supportive environment for
  vulnerable populations in the school community,
  and provide all students with the skills,
  knowledge, and strategies to prevent or respond
  to bullying, harassment, or teasing.

51
Mandated notices

• Please see enclosed packet for the following
• Coordinators chart of contact persons for Civil
  Rights and McKinney Vento.
• Notice of Domestic Violence Law
• Notice of Physical Restraint Law.
• District Harassment Policy

52
Thank You

• For your attention and your patience.
• New employees hired after this information is
  disseminated will meet with Human Resources and
  Civil Rights Coordinator to review this
  information.

52