Seekonk Public Schools

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UPDATED 2015

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This PowerPoint presentation is designed to provide annually required mandated training for all staff.

Mrs. Arlene F. Bosco, Superintendent

Mr. Richard Lind, Director of Curriculum & Instruction

Mrs. Susan Doe, Director of Special Education

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Annual training is mandated by the Massachusetts Department of Elementary and Secondary Education

ALL employees are required to participate

This training protects individuals and the district and ensures that all employees know their rights and responsibilities

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Seekonk is committed to ensuring that all programs and facilities are accessible to all.

We actively seek to prevent discrimination or harassment on the basis of age, sex, color, disability, national origin, religion, race, or sexual orientation in accordance with applicable laws and regulations.

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Protects against discrimination based on race, color, national origin, sex, and disability

Applies to students, parents, and employees

Prohibits discrimination in student class assignments or ability tracking and protects English Language Learner (ELL) students

School Principals respond to initial inquiries regarding non-discrimination policies

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Title I of the American Disabilities Act of 1990 – prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in the areas of employment Title II of the Americans with Disabilities Act of 1990 – prohibits discrimination,

exclusion from participation, and denial of benefits on the basis of disability in the areas of educational programming and activities

Title VI of the Civil Rights Act of 1964 – prohibits discrimination, exclusion from participation, and denial of benefits based on race, color, and national origin

Title IX of the Education Amendments of 1972 - prohibits discrimination, exclusion from participation, and denial of benefits in educational programs based on sex Section 504 of the Rehabilitation Act of 1973 prohibits discrimination, exclusion

from participation, and denial of benefits based on disability M. G. L. chapter 76 section 5 – prohibits discrimination in all public schools on

the basis of race, color, sex, national origin, religion and sexual orientation McKinney-Vento Homeless Assistance Act – prohibits discrimination in all public

schools on the basis of homelessness.

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Title I and Title II- Director of Curriculum Title III- Facilities- Finance Administrator Title III- ESL, Special Ed, 504 Title VI Discrimination- Director of Curriculum Title VII-Employees- Director of Curriculum Title VIII- Funding- Finance Administrator Title IX- Sexual Harassment-SHS Guidance Director Homeless Coordinator- HMS Principal

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Susan Doe- District 504 Coordinator Christine Whatley- District Title IX Liaison 504/ADAA-Building Coordinators

◦ Christine Whatley- Seekonk High School◦ William Whalen- Hurley Middle School◦ Nancy Gagliardi- Aitken Elementary◦ Bart Lush- Martin Elementary

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Prohibits discrimination or harassment related to gender, including sexual harassment.

Refer to the district sexual harassment policy for specifics regarding steps taken to investigate complaints.

Refer all Title IX issues to your building principal/designee and Title IX Coordinator.

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Sexual harassment creates a hostile environment due to inappropriate speech, materials, or actions.

Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, or other conduct, physical or verbal of a sexual nature.

Sexual harassment interferes with school or work performance and creates an intimidating or offensive environment.

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Examples of prohibited activities that might create a hostile work/learning environment might include:

◦ vulgar or explicit sexually related epithets, abusive language

◦ sexually explicit behavior or indecent exposure by students or employees

◦ graffiti, posters or calendars

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Enlist parents, students, and community groups in the effort

Monitor the school climate Foster respect and appreciation for

diversity Be sensitive to religious holidays Implement measures to address

harassment immediately and effectively

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Collaborate with law enforcement

Review crisis intervention plans

Document and report all harassment incidents

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Any employee or student who believes he/she has been the victim of harassment or discrimination should follow the district grievance protocol.

Copies of this protocol are available in each building(*see building liaison)

It is an incremental, multi-step process toward resolution

Active investigations will result from the report as applicable, and may result in sanctions up to suspension or dismissal.

If the conduct violates the law, the appropriate authorities will be notified.

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Requires that no qualified disabled person shall be discriminated against or be excluded from participation in an activity

A disability is a mental or physical impairment that limits a person’s major life activity (self-care, walking, seeing, learning, breathing, speaking, working)

Reasonable accommodations/modifications must be made to provide access to programs and/or facilities

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No discrimination against a person with a disability will be permitted in any of the programs of the Seekonk School District.

Eligibility/Accommodation Plans are determined by the building 504 Team

Questions about eligibility and enforcement should be directed to your Building Coordinator and District 504 Coordinator, Susan Doe (508)399-5106.

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Prohibits discrimination against:◦ access to programs and facilities◦ free appropriate public education for elementary

and secondary students◦ employment

Applies to special education services, evaluations, and IEPs, as well as, student discipline

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School personnel are mandated reporters legally obligated to contact the Massachusetts Department of Children and Families (DCF)* *formally DSS

If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect they must follow DCF 51A reporting requirements

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If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect they must follow DCF 51A reporting requirements.

Please consult with school principals, school nurses, guidance counselors, or the Superintendent, Special Ed Director for assistance if abuse or neglect is suspected.

The human resource link of the DS website contains the most current mandated reporter guidelines, as well as several resources for faculty and staff.

The URL is http://wwwMassachusetts-Dept.-of-Children-and-Families-DCF

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Significant changes will take effect January 2016

General Administration of Restraint Requirements

remain

Administered only by trained personnel

Must use minimum amount force necessary in the safest

manner possible

Have an adult non-participating witness when possible

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Prepared by the Massachusetts Department of Education for use by Public Education Programs in Annual Staff Training.

(1) New Definition of Seclusion

(2) New Definition and Requirements for Use of Time Out

(3) Additional Prohibitions on Use of Physical Restraint

(4) Requirement to Consider Known or Suspected Trauma History

(5) New Protocols for Extended Restraint

(6) Prone Restraints Prohibited

(7) New Documentation Requirements When Prone Restraints Used * (not allowed in public school)

(8) Restraint Reporting Requirements Increased

(9) New Weekly and Monthly Administrative Review

(10) Additional Provisions to Include in Training and Policy

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This presentation provides an overview of the regulatory requirements for the use of physical restraint, but does not iterate all of the detail in the regulations. New updates will go into effect on 1/1/16.

All school staff should read and be familiar with the regulations.

Viewing this presentation does not substitute for a careful reading of the full regulatory requirements.

A safe school environment is better able to promote effective teaching and learning.

Preparing appropriate responses to potentially dangerous circumstances helps to eliminate or minimize negative consequences.

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603 CMR 46.00 -- these regulations apply to all public education programs including school events and school sponsored activities.

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Lack of knowledge of the law will not protect you or your students from the consequences of inappropriate actions.

Annually, For ALL staff - Review:

Annually, For ALL staff - Review:

School restraint policy Methods of prevention of need for

physical restraint Types of restraint and related safety

considerations Administering restraint in accordance

with student’s needs/limitations Required reporting & documentation Identification of selected staff to serve as

information resource to schooll restraint policys of prevention of need for physical restraint

Regulation 46.03(1 & 2)

Non-Violent Crisis Prevention

techniques

Identifying dangerous behaviors

Experience in restraining and being

restrained

Demonstration of learned skills

Recommended 16 hours

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Regulation 46.03(4)

Current definition: Physical restraint- the use of bodily physical force to limit a student’s freedom of movement

Effective in 2016Physical restraint will be defined as an “emergency procedure of

last resort”

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Not physical restraint:“Does not include: brief physical contact to promote student safety; providing physical guidance or prompting when teaching a skill; redirecting attention; or providing comfort; or a physical escort that do not include the use of force.”

Emergency procedure of last resort, prohibited except when:

The student’s behavior poses a threat of assault or

imminent, serious, physical to self and/or others; and

The student is not responsive to verbal directives or other

lawful and less intrusive behavior interventions, or such

interventions are deemed to be inappropriate under the

circumstances

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Prone Restraint -physical restraint in which a student is

placed face down on floor or another surface, and physical

pressure is applied to student’s body to keep student in

face-down position

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Prone restraints are prohibited except in these circumstances;o (1)Student has documented history of repeatedly

causing serious self-injuries and/or injuries to other students or staff; and

o (2)All other forms of physical restraint have failed to ensure safety of student and/or others; and

o (3)There are no medical contraindications as documented by a licensed physician; and

(continued)

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o (4)There is psychological or behavioral justification for the use of prone restraint and no psychological or behavioral contraindications, as documented by a licensed mental health professional; and

o (5)Program has obtained consent to use prone restraint in an emergency as set out in 603 CMR46.03(1)(b),and the use is approved in writing by principal; and

o (6)Program has documented all of the above before using prone restraint and maintains the documentation.

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CurrentMust report:

(1)any restraint that lasts more than 5 minutes; and

(2)any restraint that results in injury

Beginning January 1st, 2016Must report:

ALL RESTRAINTSALL RESTRAINTS

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May Not Be Used:

(3)When medically contraindicated(consider asthma, seizures, cardiac condition, obesity, bronchitis, communication-related disability, risk of vomiting, etc.); or

(4)As a standard response for any student. No written individual behavior plan or IEP may include use of physical restraint as a standard response to any behavior.

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Chemical Restraint, Mechanical Restraint and Seclusion are… Prohibited

Current definition of seclusion defined as - “physically confining a student alone in a room or limited space without access to school staff.”

This definition will change in 2016 to… “Involuntary confinement of student alone in a room

or area from which the student is physically prevented from leaving.”

Does not include “timeout” as defined in 603CMR46.02

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Regulation 46.02(5)

Time out is now defined as a “behavioral support strategy in which a student temporarily separates from the learning activity or classroom, either by choice or by direction from staff, for the purpose of calming.”

Student must be observed by staff at all times

Staff must be with student or immediately available at all times.

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Space used must be clean, safe, sanitary, and appropriate for calming

Must terminate as soon as student has calmed

School district must develop time out policy/procedure, pursuant to 603 CMR46.04(1)

Policy must include process to obtain principal approval to extend time-out beyond 30 minutes, based on the “individual student’s continuing agitation”

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Longer than 20 minutes, then, staff must receive approval from the principal.

Approval must be based upon student’s continued agitation justifying need for continued restraint.

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Regulation 46.02(1)

It depends on how it is used.

The definition of physical restraint does not identify negative or positive motives nor does it recognize negative or positive consequences.

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When other, non-physical, interventions have been tried and failed or are judged to be inadequate to the circumstances.

AND a student’s behavior poses a threat of

IMMINENT, SERIOUS, PHYSICAL HARM to self and/or others

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Regulation 46.04(1 & 2)

When non-physical interventions could be used.

As a means of punishment.

As a response to property destruction, school disruption, refusal to comply, or verbal threats.

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Regulation 46.04(3)

Remember training considerations. Have an adult witness if possible. Use only the amount of force necessary to

protect the student or others. Use the safest method. Do not use floor or

prone restraints unless you have received in-depth training.(see prohibition)

Discontinue restraint ASAP.

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Regulation Section 46.05

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(or suspected trauma history (new provision in 1/1/16 law) and behavior plans.

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Regulation 46.05(5)

The right to report a crime. Law enforcement, judicial authorities, or

school security personnel from completing their responsibilities.

Mandated reporting of neglect or abuse. The use of reasonable force to protect oneself,

a student, or others.

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Regulation 46.04(4)

Following every restraint action taken, the circumstances should be discussed with the student, and with others, as appropriate.

Ask: “How can we avoid this happening again?”

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Regulation 46.05(5)(d)

When to Report to Administration: Staff member must immediately verbally inform the Principal and must file a written report no later than next school day.

Notify the Parents: Principal must verbally inform the student’s parents immediately and must send a detailed written report w/in 3 school days of restraint

May send report by first-class mail or via email to an email address that parents provided for student-related communication (new provision in the law 2016)

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Regulation Section 46.06

Names/job titles of those involved, including observers Date and time began/time ended Name of administrator verbally informed Name of Principal/designee who approved restraint

beyond 20 minutes (new provision in 1/1/16 law) What was happening before restraint Efforts used to prevent escalation of behavior, including

specific de-escalation strategies used (new provision in 1/1/16 law)

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Alternatives to restraint that were attemptedJustification for initiating restraintDescription of holds used and why they were necessaryDescription of student’s behavior and reaction during restraint, and any medical care givenInformation regarding further actions school has taken or may takeInformation regarding opportunities for student’s parents to discuss restraint with school

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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?

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Regulation46.06(4)

Principal maintains a log of all reported instances of physical restraint in the school.

Use the log for review of incidences and consideration of school safety policies and procedures.

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Regulation 46.06(2)

Administrative Review by Principal

◦ Weekly Individual Student Review◦ Monthly School Wide Review◦ Principal to review weekly to…◦ Consider patterns, number, duration, injuries◦ Assess whether restraint prevention and management

policy needs to be modified◦ Assess whether additional staff training on restraint

reduction/prevention strategies is needed

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Identify students restrained multiple times during weekConvene review team(s) to assess each student’s progress and needsReview and discuss written reportsAnalyze factors leading up to restraintConsider factors that may have contributed to escalation of behaviorsDevelop written action planGoal is to reduce or eliminate future restraint

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All restraints (2016) Send report within 3 school working days of

restraint if student was injured. Review log for 30 day period prior to restraint.

Report all physical restraints to DESE in annual report in manner/form directed by DESE(effective 2016)

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Regulation 46.06(5)

Previously, parents could agree to waive reporting requirements in individual circumstances, although not for extended restraint or restraint resulting in serious injury.

(Effective 2016)

NO INDIVIDUALWAIVERS are allowed of reporting requirements in individual circumstances.

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Regulation Section 46.07

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Title I funds must be used to supplement, and in no case supplant, the level of funds that would, in absence of Title I, be available from non-federal sources for Title I students.

A district may not use Title I funds to provide services that the district is required to make available under federal, state, and local law.

NCLB statue: www.edgov/policy/elsec/leg/esea02/index.html

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Multiple, objective, educationally-related criteria are used by schools to select the eligible pool of Title I participants. Eligible students are those identified by the school as failing, or most at risk of failing, to meet the state’s challenging student academic achievement standards.

Refer all Title I issues to your building principal and the district Title I Director, Richard Lind.

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Parents have the right: To inspect their child’s file within two

weekdays of a request To inspect their child’s file prior to any meeting

regarding an IEP To obtain copies of their child’s record at no

charge To request that the information in their child’s

file be changed if they believe it to be inaccurate or if it violates the student’s rights

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All student records maintained in the school must be private and secure. Computerized systems should be electronically secure.

School personnel should be informed of the provisions of 603 CMR 23.00 and M.G.L. c. 71, § 34H (Refer towww.doe.mass.edu/lawsregs/ 603cmr23.html?section=01).

It is important that the information contained in student records is private and confidential.

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Employees and volunteers must maintain appropriate confidentiality with respect to conversations and/or information relating to students, families, parents/guardians, faculty, administration, and staff. Employees and volunteers may have access to, or otherwise learn of, confidential information with respect to students, parents/guardians, and colleagues.

Such information is required to be maintained in strict confidence. Employees and volunteers are not to discuss such information outside the confines of the school building except on an authorized need to know basis in order to perform assigned duties. All business, employee, volunteer, and student records, computerized data and related information are the property of the Seekonk Public Schools.

Employees are not to copy, distribute, alter or modify such records, materials, computerized data or information unless authorized to do so.

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Do not have a permanent home Live in motels, hotels, trailer parks or

camping grounds Live in State Care and Custody Live in cars, parks, public places,

abandoned buildings, substandard buildings, or similar settings

Share housing of other persons due to loss of housing, economic hardships, or a similar reason

Are considered an unaccompanied youth (youth not in physical custody of a parent or guardian)

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Go to school, no matter where they live or how long they have lived there. They must be given access to the same public education provided to other students.

Continue in the school they attended before they became homeless or the school they last attended, if that is their choice and is feasible. The school district’s local liaison for homeless education must assist them, if needed, and offer them the right to appeal a decision regarding their choice of school if it goes against their wishes.

Receive transportation to the school they attended before they became homeless or the school they last attended, if they request such transportation.

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Attend a school and participate in school programs with students who are not homeless. Students cannot be separated from regular school programs because they are homeless.

Enroll in school without giving a permanent address. School cannot require proof of residency that might prevent or delay school enrollment.

Enroll and attend classes while the school arranges for the transfer of school and immunization records or any other documents required for enrollment.

Receive the same special programs and services, if needed as provided to all other students served in these programs.

Receive transportation to school and to school programs.

To learn more about the McKinney-Vento Act, visit the Department of Education website at: http://www.doe.mass.edu/hsss.program/homeless.html

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Seekonk is committed to providing our students equal educational opportunities and a safe learning environment free from bullying and cyberbullying, where all school community members treat each other with respect and appreciate the rich diversity in our schools.

This commitment is an integral part of the Seekonk’s comprehensive efforts to promote learning, eliminate all forms of violent, harmful, and disruptive behavior and enable students to achieve their personal and academic potential and become successful citizens in our increasingly diverse society.

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Seekonk will promptly investigate all reports and complaints of bullying and cyberbullying

We will take prompt, effective action to end that behavior and prevent its reoccurrence.

Action will include, where appropriate, referral to a law enforcement agency.

Seekonk will support this commitment in all aspects of its activities, including its curricula, instructional programs, staff development, extracurricular activities, and parental involvement.

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3.2 million students were victims of bullying 3.7 million students reported that they bullied others 1.2 million reported that they were both victims of bullies as well as bullies

themselves So, at the time of the survey, 30 percent of young people across the nation were

involved in moderate to frequent bullying, either as perpetrators, victims, or both.

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Bullying tends to happen most often in and around schools — specifically in those areas where there is little or no adult supervision:

Playgrounds and recessWhen waiting to go on or off the bus, at dismissal timeHallwaysCafeteriaClassroom before the lesson begins

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◦ “Bullying” is 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:

causes physical or emotional harm to the victim or damage to the victim’s property;

places the victim in reasonable fear of harm to himself or of damage to his property;

creates a hostile environment at school for the victim; infringes on the rights of the victim at school; or materially and substantially disrupts the education

process or the orderly operation of a school. ◦ Bullying includes cyber-bullying.

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“Cyber-bullying”, is bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to: any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. Cyber-bullying shall also include:i) the creation of a web page or blog in which the creator assumes the identity of another person or 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.  (ii) 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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“Hostile environment” means, a situation in which bullying causes the school environment to be permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive to alter the conditions of the student’s education.

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Retaliation against a person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying is prohibited.

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A member of a school staff (this means everyone) shall immediately report any instance of bullying or retaliation the staff member has witnessed or become aware of to the teacher, coordinator or program director.

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Reports of bullying should be kept completely confidential, consistent with necessary investigation procedures and legal restraints on the dissemination of information about students with the goal of protecting the victim and stopping the behavior.

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The Fiscal Year 2014 budget, adopted in June by the Legislature and signed into law by Governor Patrick, included amendments to the Massachusetts anti-bullying law (M.G.L. chapter 71, section 37O). Those amendments extend protections to students who are bullied by a member of the school staff, who are defined to include but are not limited to an "educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional.

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The district has developed a Bullying prevention Plan as required by state law, this is available on the District Website.

Please visit http://www.seekonkschools.org to review the Seekonk Public Schools’ Bullying Prevention Intervention Plan.

Visit http://www.doe.mass.edu/ssce/bullying/ or consult with an administrator should you be the victim of bullying or suspect that a student is the victim of bullying

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District Curriculum Accommodation Plan (DCAP)

District Curriculum Accommodation Plan (DCAP)

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Ensure that ”all efforts have been made to meet students’ needs in regular education.”

Description of District Initiatives and supports

Student Support Team Process

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Regular education student experiences school difficulties with any of the following: Academics, Social Functioning, Receiving a Warning and/or the ELA or Math MCAS.

The school’s SST coordinator( at HMS- the Guidance Counselor) is notified.

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Additional Training For Early Intervention, 504, IDEA will take place at the discretion of the Director of Special Education.

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DCAP DCAP Flowchart (Student Support Team Process) Teacher Meeting Referral Form(DCAP-Form 1) &

Observation Checklist Students Curriculum Accommodation Plan (SCAP) Suggested District Curriculum Accommodations Training for Response to Intervention will take place at

the discretion of the Director of Curriculum and administrators.

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