annual training september 2015 back to school. training topics equal education & civil rights an...

Annual TrainingSeptember 2015Back to School

Newton Public Schools

Training Topics

Equal Education & Civil Rights

An Act Relative to Bullying in Schools (M.G.L. Chapter 71, Sec. 370)

Physical Restraint Overview

Student Records and Confidentiality

Child Abuse & Neglect Reporting Requirements

Universal Precautions/Food Allergies

Topic 1

Topic 2

Topic 3

Topic 4

Topic 5

Topic 6

Training Topics

Technology Acceptable Use Policy

Drug Free Workplace Policy

Ethics & Tutoring/Testing Conflict of Interest Policy

Field Trip Policy

NPS Professional Behavior Practices

ID Badges and Visitor Procedures

Topic 9

Topic 8

Topic 7

Topic 10

Topic 11

Topic 12

Topic 1

NPS Anti-Discrimination Policy

“Newton Public Schools is committed to equal opportunity in education and employment practices. Newton Public Schools 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.

Newton Public Schools 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.“

Newton Public Schools Department of Human Resources

NPSAnti-Discrimination Statement

“Since Newton Public Schools 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 conducting business with the Newton Public Schools to engage in sexual or bias-related harassment or to violate the civil rights of any student, teacher, or other school personnel.

Newton Public Schools 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 conducting business with the Newton Public Schools who is found in violation of this statement.”


Americans withDisabilities 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, or;

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

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


http://www.eeoc.gov/types/ada.html

Accommodationsunder 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 theRehabilitaion Act

A 504 Accommodation Plan may be written for eligible students. A 504 Accommodation Plan is developed to provide access as typical peers to general education and school activities. A 504 Accommodation Plan is a legally binding document. Decisions regarding accommodations are made through a team process, although parental consent is not necessary.


Special Education–IDEA 2004

• Provides special education services to children, ages 3 - 22, who are found eligible due to an 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 through the team process

which includes special and general education teachers, service providers, and parents. Students are invited to participate in the Team process beginning at age 14.


District Curriculum Accommodation Plan

• Each school district is required to have on record a District Curriculum Accommodation Plan (DCAP). (M.G.L. Chapter 71, Section 38P) It is located at the Education Center through the Student Services or Teaching and Learning Departments.

• This written plan shall assist Principals in ensuring that appropriate support is available for students and teachers. Instructional support shall include remedial instruction for students, consultative services for teachers, availability of reading instruction at the elementary level, appropriate services for linguistic minority students, and other services consistent with educational practices and the requirements of M.G.L. c. 71B section 2.

• Efforts regarding accommodations and interventions for students and their results shall be documented and placed in the student’s record and provided to the building Special Education Team if the student is referred for a special education evaluation.


Title IX – Sex Discrimination or Sexual Harrassment

• Sex Discrimination = exclusion or denial of participation or 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 or condition of employment or academic status

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

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

Sexual Harassment is a form of sex discrimination and unlawful.


Examples of SexualHarassment or Discrimination

Verbal Harassment

sexual innuendo or other suggestive commenthumor or jokes about sex or gender-specific traitsoffensive written notesname-calling/nick-namessexual propositionsinsults, threatsinquiries into one’s sexual experiences sexual comments about a person’s body and/ordiscussion of one’s sexual activities


Examples of SexualHarassment or Discrimination

Nonverbal Harassment

written notes or photographs of a sexual naturewhistlingmaking suggestive or insulting sounds and/or gesturessuggestive leeringunwelcome touching/massagingdisplaying suggestive reading materialsobscene sexual noisesand/or rude comments about a person’sgender or sexual preference


Liability for Harassment

You may be personally liable for sexual harassment issues between students or 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 appropriate 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 RightsComplaints/Grievances

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

– Inquiries concerning the Newton Public Schools’ policies, compliance with applicable laws, statutes, and regulations, and complaints may be directed to the Director of Human Resources.

The Assistant Superintendent for Student Services is the District 504 and Student Civil Rights Coordinator, both offices may be contacted at (617) 559-6000 or 100 Walnut St., Newton, MA 02460. 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.


Topic 2

An Act Relative toBullying in Schools

• In May 2010, the Governor signed Chapter 92 of the Acts of 2010 into law which addresses Bullying in Schools.• The law required all schools and school systems to develop and implement a Bullying Prevention and Intervention Plan.

• The plan was developed and implemented in December 2010 and is currently being updated.

• In 2013 and again in 2014, the anti-bullying statute was amended by the state legislature. It updated definitions and imposed additional reporting and notification requirements for school districts.

Newton School Committee Policy Newton Public Schools

Department of Human Resources

Definitions from An Act Relative to Bullying in Schools

Bullying: the repeated use by one or more students or a member of school staff 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 communication which shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.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. Cyberbullying 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 these 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 shown to be at particular risk for bullying in the school environment and how to support those students;

• Information on the incidence and nature of cyberbullying; Internet Safety Issues as they relate to cyberbullying; and

• Information on how to provide all students with skills, knowledge and strategies to prevent or respond to bullying.


The Bullying Prevention & Intervention Plan

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

• Staff intervention, investigation, procedure, notification and reporting duties upon receipt of an allegation or knowledge 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 FirstClass.


Topic 3

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.

• All reports are held in strict confidence and no person required to report shall be held liable in any civil or criminal action.


NPS Guidelines for 51A Reporting

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

• Prior to the end of the school day, the Principal will convene a meeting with the Child Abuse team to determine if there is reasonable cause to believe a reportable condition exists.

• The Child Abuse team consists of the Principal, nurse, psychologist and/or counselor, classroom teacher, and other staff as appropriate. If the student under consideration is a METCO student, the METCO Director must be part of the Team.

• If the Team agrees that a reportable condition exists, the Principal will notify DCF by telephone and follow up with filing the written report within 48 hours. The Director of Student Services will be notified immediately of the report. A copy of the written report will be forwarded to the Student Services Department.


NPS Guidelines for 51A Reporting

• If there is no reasonable cause to believe the child has suffered from abuse/neglect, no report is made. The Principal may call DCF for consultation. When there is disagreement among the Team, the Director of Student Services will make the final decision about whether to file.

• The Principal or Administrator will make the decision about how, when, and by whom the family, including the child, will be notified of a report. Notification is not required by law, but it is Newton Public Schools’ policy to notify parents in advance of the family being contacted by DCF.

• 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.


Topic 4

StudentPhysical Restraint

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

• Regulations updated and implemented in January 2016.

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

• Intent – to provide appropriate responses to potentiallydangerous circumstances and to eliminate or minimize negative consequences.


StudentPhysical 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 minutes

and/or• When there is any injury to student or staff.

Following 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 Newton Public Schools


Topic 5

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 school employee.

• 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/Life Threatening Food Allergies

Topic 6

Universal Precautions

• Protect yourself and your students from blood borne pathogens.

• Blood and any other body fluids need to be treated with caution.

• Each school nurse will provide a full presentation on Emergency Health Protocols.

Please see your school nurse foradditional information or guidance.Newton Public Schools


Life-Threatening Food Allergy Policy

It is the School Committee’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.


Life-Threatening Food Allergy Policy


GUIDELINES (Complete list located on First Class)

To minimize the risk of exposure to food allergens that pose a threat to Newton students and to educate the Newton school community about life-threatening food allergies:• Establish a building-based general Medical

Emergency Plan and Life-Threatening Allergy Medical Emergency Plan.

• Develop and implement an Individual Health Care Plan (IHCP) for all students with diagnosed life-threatening allergies, based on medical documentation. This may include a 504 plan being written as well.

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

• Minimize the use of food during the school day.

Topic 7



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 Newton Public Schools’ 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

Newton Public Schools retains control, custody, and supervision of all school information technology owned, leased or paid for by it. Newton Public Schools 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 or student records.


Topic 8

Drug-Free Workplace Policy

• It is the intent and obligation of the Newton Public Schools 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.


Drug-Free Workplace Policy

• 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.

• The use of e-cigarettes as defined in City of Newton Ordinance s. 20 2(b) is prohibited wherever smoking is prohibited Under M.G.L. Chapter 270, Section 22.

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


Topic 9

NPSProfessional Behavior

• The Newton Public Schools employs over 2,500 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 Rights and Responsibilities Handbook. All staff are responsible for knowing these procedures. Located at: http://www3.newton.k12.ma.us/resources-families

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


Topic 10

Tutoring/Testing Policy & 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

Providing Instructional or Therapeutic Services to Newton Students Privately, for Pay

It has been the practice over the years that teachers and specialists of the Newton Public Schools not accept pay for work with students whom they teach or otherwise serve as part of their regular jobs. Teachers hired by the Newton Public Schools to provide tutoring for students who are at home or in the hospital because of illness or accident are employees of the schools and thus are not engaging in “private” work. Staff paid by parents to provide students with direct help, such as tutoring, counseling, speech remediation and LD services are working privately for pay and should provide such services only to students who are not in their class or school, or in their caseload or potential caseload. No activity related to private employment may be conducted during school hours or on school property.


Topic 11

Field Trip Policy

Attendance on school-sponsored trips which are notpart 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 Newton Public Schools 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 folder located on First Class.


Topic 12

ID Badges &Visitor Procedures


• All staff are expected to wear ID badges with the photo showing while in NPS schools. Your ID badge will be your entry device for door access to the school(s) that you are assigned to.

• All visitors to the Elementary and Middle schools are to obtain a visitor’s badge from the main office and will be required to sign the log-in book.

• High Schools will continue to have an open-campus.

• Once the school day begins, the doors at the Elementary and Middle Schools will lock and all visitors will be required to show this badge.

• Building doors are not to be propped open at anytime.

Visitor Procedures Continued

• If someone does not have a visitor’s badge, please approach the visitor and offer assistance, then escort them to the main office for a badge and to sign-in.

• If you are uncomfortable approaching a visitor without a badge, you should ask one or two staff members to assist with approaching the visitor.

• If a visitor refuses to cooperate, do not escalate the situation. If it can be done safely, monitor the direction that the intruder is going, then call the office and give a detailed description of the visitor(s). Adults should not send a student to the office to get an administrator.

• The Newton Police Department may be contacted to address intruder violations.


Wrap Up


• Equal Education &Civil Rights: Discrimination, Harassment, ADA, 504 Plans, DCAP

• Bullying in Schools• 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• NPS Professional Behavior Practices• Ethics, Tutoring & Testing Policy, and Conflict of

Interest• Field Trip Policy• ID Badges and Visitor Procedures

YesNo

I have completed and understand the following training modules:

If you have any questions about the material contained in these slides, please contact your principal, school administrator, or the human resources department.

A copy of this presentation will be available on the district website under

Required Trainings for your future reference.

Wrap Up


Wrap Up


Thank you for your dedicationto the students and community

ofNewton Public Schools. We wish you a fantastic2015-2016 school year!

annual training september 2015 back to school. training topics equal education & civil rights an...

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