Transcript Federal Civil Rights Law - Spencer-East Brookfield Regional School

Civil Rights Training
Spencer-East Brookfield Regional
School District
2012-2013
Training Guidelines and Goals
The Department of Elementary and Secondary Education mandates
schools to annually train staff on Federal Civil Rights Laws.
All employees are required to participate
The Goal of the Training is to:
Ensure that all state actors ( school employees) are well informed of
their rights and responsibilities under the law.
Provide understanding of the district’s policies and procedures
relating to civil rights matters.
Provide protection for all individuals and the school district.
FEDERAL LAWS
Non-Discrimination
Federal Law Title II
Federal Law Title VI
Federal Law Title IX
Federal Law Section 504
Age Discrimination Act of 1975
Statement of Non-Discrimination
• The Spencer-East Brookfield Regional School
District 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, color,
disability, national origin, religion, race,
sexual orientation, homelessness, and any
other protected class.
Title II
Americans with Disabilities Act
(ADA)
Title II of the ADA provides comprehensive civil
rights protections for "qualified individuals with
disabilities” and
Prohibits discrimination against:
Access to programs and facilities
All "qualified individuals with disabilities."
Title II (ADA)
• An "individual with a disability" is a person who has a
physical or mental impairment that substantially limits
a "major life activity", or has a record of such an
impairment, or is regarded as having such an
impairment.
• "Major life activities" include functions such as caring
for oneself, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working.
Title II-(ADA)
• School Employees Must:
• Allow equal opportunities for individuals with disabilities to enjoy
services, programs or activities.
• May not deny access because of the disability.
• Make reasonable modifications in policies, practices, and
procedures that deny equal access to individuals with disabilities.
• Provide programs and services in an integrated setting, unless
separate or different measures are necessary to ensure equal
opportunity.
• Title II concerns should be reported to the Director of Pupil
Services
Federal Law: Title VI
Discrimination based on race, color or national
origin
Federal Law Title VI
• Specifically 42 U.S.C. § 2000d states:
“ No person in the United States shall, on the
ground of race, color, or national origin, be
excluded from participation in, be denied the
benefits of, or be subjected to discrimination
under any program or activity receiving Federal
financial assistance.”
Federal Law: Title VI
• Protects against discrimination based on race,
color, and national origin
• Applies to students, parents, and employees
• Prohibits discrimination in students’ class
assignments or ability tracking and protects
Limited English Proficient (LEP) students.
• All Title VI issues must be reported to the
building Principal or Director of Pupil Services
Federal Law: Title IX
Gender Discrimination including
Sexual Harassment
Federal Law: Title IX
20 U.S.C. § 1681 states “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 education program or activity receiving Federal
financial assistance”
• Prohibits discrimination or harassment related to gender,
including sexual harassment.
• All Title IX issues must be referred to your building
principal and to the Superintendent
Sexual Harassment
• Unwelcome conduct of a sexual nature by
student or staff member
• Interferes or limits school or work
performance by creating a hostile, humiliating,
intimidating, or offensive school climate
• Includes unwanted advances, requests for
sexual favors, and other verbal, written, or
physical conduct of a sexual nature
• Refer to the district Sexual Harassment Policy
for steps taken to investigate.
Section 504
• Section 504 is an access law. It prohibits
discrimination based on a disability.
• Specifically, 34 C.F.R.§104 states: "No otherwise
qualified individual with a disability in the United
States... shall, solely by reason of her or his
disability, be excluded from participation in, be
denied the benefits of, or be subjected to
discrimination under any program or activity
receiving Federal financial assistance."
Section 504
• To qualify under Section 504 a student must:
• Be determined to have a physical or mental
impairment that substantially limits one or
more major life activities including learning
and behavior.
• Have a record of having such an impairment
OR
• Be regarded as having such impairment.
Section 504
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Section 504 Ensures:
Non discrimination in education
Program accessibility
Reasonable accommodations
K-12, Free Appropriate public education as outlined in
I.D.E.I.A.
Once a 504 plan is in place, educators MUST provide the
stated accommodations. Failure to provide the
accommodations is a civil rights violation and individuals
may be subject to sanctions.
All 504 questions must be directed to the building based 504
coordinator
Age Discrimination Act of 1975
• Age Discrimination Act of 1975. The Age
Discrimination Act prohibits
• Discrimination on the basis of age in federally
funded programs or activities.
• Individuals who believe they are victims of
discrimination may file a complaint with the
Superintendent .
BULLYING & HARASSMENT
Bullying (M.G.L. c. 71, § 37O )
• In response to the requirements of the bullying prevention
and intervention law, M.G.L. c. 71, § 37O , all school districts,
charter schools, non-public schools, approved private special
education day or residential schools, and collaborative schools
must have a DESE-approved Bullying Prevention and
Intervention Plan (BPIP) in place. Please refer to the district
website to review this plan.
• Part of the legislation requires all personnel working with
school-age children to receive professional developmenttraining on bullying. We meet this standard by way of this
online training and by other supplemental training provided at
the schools.
ADDRESSING & REPORTING
SUSPECTED HARASSMENT OR
DISCRIMINATION
Harassment/Discrimination
• The district supports students rights to attend
a public school that is safe and free from
discrimination, harassment, and hatemotivated violence
• M.G.L. Chapter 76, section 5:
Guarantees that no student will be
discriminated against based on race, color,
religion, national origin, ethnicity, gender,
sexual orientation, or disability
Tips for Addressing Harassment/Discrimination
• Enlist parents/guardians, students, and
community groups in the effort of reporting
• Immediately report instances to the
building Principal or Superintendent
• Record every instance to establish a pattern
• Do not promise to “not tell”
• Collaborate with Law enforcement
• Monitor the school climate
• Foster respect and appreciation for diversity
Reporting Requirements
• Any employee or student who believes he/she has
been the victim of harassment or discrimination
should report it to a building administrator,
counselor, or a teacher
• Active investigations will result from the report, as
applicable and may result in legal and school based
sanctions
• If the conduct violates the law, appropriate
authorities will be notified
Process for Filing a Complaint
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Inquiries concerning the application of Title VI, Title IX/Chapter 622 and Section 504 in the
Spencer-East Brookfield Schools may be referred to the building principals. All inquiries
concerning the protection and rights afforded to persons in the other protected categories
(color, religion, sexual orientation) may be referred to the Director of Pupil Services or to the
Superintendent of Schools at the following address:
302 Main Street Spencer, Ma., 508-885-8515/508-885-8500.
Inquiries concerning the applicability of the aforementioned federal laws and regulations to
the Spencer-East Brookfield Public Schools may also be referred to the U. S. Department of
Education, Office of Civil Rights (OCR), J.W. McCormack POCH, Boston, MA 02109-4557,
617-223-9662, TTY 617-223-9695. Concerns relating to the implementation of the
Massachusetts equal educational opportunity law (M. G. L. c. 76 s.5) may be directed to the
Massachusetts Department of Education, Program Quality Assurance, 350 Main Street,
Malden, MA 02148, 781-338-3700.
In lieu of filing a complaint with the Spencer-East Brookfield Public Schools, a complaint
may be filed directly with the OCR within 180 days of the alleged discrimination or
harassment. In addition, a complaint may be filed with OCR within 60 days of receiving
notice of final disposition of the complaint by the Spencer-East Brookfield Public Schools, or
in certain instances, within 60 days of receiving a final decision from the Bureau of Special
Appeal (BSEA). Please note that a complaint filed with OCR is limited to issues of
discrimination and harassment. OCR has no jurisdiction over compliance with state and
federal special education laws.
Grievance Procedures for
Discrimination Violations
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Grievance Procedures for Discrimination Violations
Any student or school employee who feels that he or she has been discriminated against because of race,
color, national origin, sex, religion, disability, sexual orientation, age or homelessness with regard to
admission to, access to, treatment in, or employment in its services, programs and activities should utilize
the following procedure to register a grievance with the Spencer-East Brookfield Public Schools:
Students or employees should submit any allegation of discrimination in writing to their building principal
for consideration. The nature of the complaint should be specified in detail.
The principal or his/her designee will investigate the allegations and respond to the complaint in writing
within fifteen (15) school days of the receipt of the written complaint.
If the matter is not resolved, the complainant may appeal in writing to the Grievance Coordinator, Director
of Pupil Services. The Coordinator will meet with the complainant and respond within fifteen (15) days of
receipt of the written complaint.
If at the end of ten (10) school days following the written response from the Grievance Coordinator the
matter remains unresolved, the complainant has the right to appeal to the Superintendent of Schools in
writing.
The Superintendent will investigate the complaint and respond in writing to the complainant within fifteen
(15) school days after having received the complaint.
If the matter remains unresolved, the complainant may appeal in writing to the appropriate school
committee within ten (10) school days of the receipt of the Superintendent’s response. The school
committee will meet within fifteen (15) days to review and consider the matter. The committee will
respond to the complainant in writing within fifteen (15) school days following the meeting.
Since it is important that grievances be processed as rapidly as possible, the number of days indicated at
each level should be considered a maximum, and every effort should be made to expedite the process.
CARE & PROTECTION OF CHILDREN
UNDER AGE 18:
MANDATED REPORTING
Care and Protection of Children Under 18 (51A
Report)
• School personnel are mandated reporters legally
obligated to contact the Massachusetts
Department of Children and Families (DCF).
• 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, counselors or the Superintendent for
assistance if abuse or neglect is suspected.
CONFLICT OF
INTEREST &
ETHICS TRAINING
Conflict of Interest - Ethics
All employees of the Spencer-East Brookfield Public Schools, as required by law, completed an initial online
ethics training
program in the spring of 2010. The online training, with accompanying electronic sign-off, took about 15
minutes
to complete.
Municipal employees who participated in the initial 2010 training are required to participate in re-training
every two
years after the 2010 administration.
Municipal employees hired after December 29, 2009 should complete the online training within 30 days of the
date
on which they commence employment, and every 2 years thereafter.
To access the online training, visit http://db.state.ma.us/ethics/quiz_methics/index.asp.
Related resources pertaining to Conflict of Interest can be found on the Massachusetts State Ethics Commission
website.
Question regarding ethics laws and the Conflict of Interest Law should be forwarded to the Director of Pupil
Services located at 302 Main Street Spencer, Ma. The office phone number is 508.885-8515.
CONFIDENTIALITY
General Statement
FERPA & PPRA
Confidentiality: General Statement
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 Spencer-East
Brookfield Public Schools.
Employees are not to copy, distribute, alter or modify such records, materials,
computerized data or information unless authorized to do so.
Confidentiality: PPRA & FERPA
The Federal Protection of Public Rights Amendment (PPRA) affords parents/guardians
and students who have reached the age of 18 (“eligible students”) certain rights regarding
the conduct of surveys, collection and use of information for marketing purposes, and
certain physical exams.
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part
099) is a federal law that protects the privacy of student education records. The law applies
to all schools that receive funds under an applicable program of the U.S. Department of
Education. FERPA gives parents/guardians certain rights with respect to their children's
education records. Additional information about the FERPA can be found at
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
Parents/guardians and eligible students who believe their rights under PPRA and/or FERPA may
have been violated may file a complaint with:
Family Policy Compliance Office
U. S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Record Keeping
• 603 CMR 23.00 pertains to Education Laws
and Regulations regarding student records. It
contains information relating to:
• Collection of Data: Limitations and
Requirements
• Personal Files of School Employees
• Privacy and Security of Student Records
• Destruction of Student Records
• Access to Student Records
Record Keeping
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Amending the Student Record
Appeals
Notification
Monitoring/Severance Clause
It is imperative that record keeping
procedures are followed district wide. Please
refer to the website below for further
information related to record keeping
• www.doe.mass.edu/lawsregs/603cmr23.html
COLLECTIVE BARGAINING AGREEMENT
Annual Provision of Collective Bargaining
Agreement Between School Committees and the
Teachers Union
• The Spencer-East Brookfield Schools are
required to make the current Collective
Bargaining Agreement Between the School
Committees and the Teachers Union available.
Accordingly, and in compliance with this
regulation, the current Collective Bargaining
Agreement can be found in Central Office and
is available in each building.
OVERVIEW OF CRISIS
INTERVENTION &
PHYSICAL RESTRAINT
Crisis Intervention/Emergency
Response
• In accordance with Michael’s Law, in August 2012
the district has adopted a newly developed
Emergency Response Plan. All employees will
receive training from principals in regards to this
plan and have received an electronic copy. In
addition, this plan is available on the Districts
website.
• Please refer to this plan for procedures relating to
all potential crisis/emergency situations.
Crisis Prevention and Intervention
• The purpose of 603 CMR 46.00: (Physical Restraint
Regulations) is to ensure that every student
participating in a Massachusetts public education
program is free 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.
ANV Applied Non-Violent Intervention
• ANV, ( Applied Non- Violence) is the training program
utilized by the Spencer-East Brookfield Regional
Schools for which annual training-certification and
recertification is offered during professional
development time to interested personnel.
• Applied Non Violence program is a safe, non-harmful
behavior management system designed to help
educators provide for the best possible care, welfare,
safety and security of disruptive, physically
aggressive, and out-of-control persons even during
the most violent moment.
Goals for Utilizing Physical Restraint
1. To administer a physical restraint only when
needed to protect a student and/or a member of
the school community from imminent, serious,
physical harm; and
2. To prevent or minimize any harm to the student
as a result of the use of physical restraint.
Applies to all school events and activities
sponsored by public education programs
When Physical Restraint
May Be Used
 When non-physical interventions would not be effective
 The student's behavior poses a threat of imminent,
serious, physical harm to self and/or others
 When the restraint is pursuant to a student’s IEP or
written plan developed in accordance with state and
federal law and approved by the school and
parent(s)/guardian(s)
 When the restraint is limited to the use of such
reasonable force as is necessary to protect a student or
another member of the school community from assault
or imminent, serious, physical harm
When Physical Restraint
May Not Be Used
Physical restraint is prohibited in the following
circumstances:
• As a means of punishment
• As a response to property destruction
• Disruption of school order or a school assembly
• Student's refusal to comply with a school rule or staff
directive
• Verbal threats that do not constitute a threat of
imminent, serious, physical harm
Proper Administration of
Physical Restraint
• Trained personnel should administer physical
restraint.
• Training requirements contained in 603 CMR
46.00 shall not preclude a teacher, employee, or
agent of a public education program from using
reasonable force to protect students, other persons
or themselves from assault or imminent, serious,
physical harm.
Reporting Requirements
• Physical restraint that results in any injury to a student or
staff member
• Physical restraint of a duration longer than five minutes
• Utilize the Restraint Report Form available from your
principal or the central office.
Informing the Department of Elementary and
Secondary Education
• A report should be filed when a restraint has
resulted in a serious injury to a student or staff
member or the restraint lasted longer than twenty
(20) minutes (extended restraint)
• Provide a copy of the written report to the
Department of Elementary and Secondary
Education within five (5) school working days of
the administration of the restraint
• A copy of the record of physical restraints
maintained by the administrator for the thirty day
(30) period prior to the reported restraint
Thank You!
• Please electronically sign the link below to
confirm that you have participated in this
training.
• Electronic Signature: Please email Karen
Zaleski at [email protected] with the
following information: Name, Position, School
or Location and the Date of completion.