Transcript Document
Monomoy Regional School District Mandated Laws and Regulation Training 7/20/2015 1 Topics Covered 7/20/2015 Monomoy Coordinator Title VII- Civil Rights Act prohibits: Discrimination, bias, harassment. MSRD’ Civil Rights Policy Prevention, Reporting, Complaint Procedure Mandated Reporters Family Medical Leave Act (FMLA) Drug-Free Workplace American w/Disabilities Act (ADA) Employee Assistance Program (EAP) Physical Restraint Confidentiality of Student Records Diverse Learners Bullying Law Coordinator Chart 2 Title VII of the Civil Rights Act -1964 and Massachusetts Law Prohibits discrimination on the basis of: 7/20/2015 Race Color Religion National Origin Gender Gender Identity Pregnancy Age Sexual Orientation Gender Identification Housing status 3 Civil Rights Policy 7/20/2015 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 identification, age, housing status or sexual orientation. Discrimination, sexual and bias-motivated harassment, and violations of civil rights will not be tolerated. 4 Commitment to Prevention 7/20/2015 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 Identification of Prohibited Conduct 7/20/2015 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 identification, sexual orientation or any other protected class 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 Prohibited Conduct (cont’d) Discrimination: consists of actions taken against individual's) who are treated unequally because of their race, religion, age, national origin, disability, sexual orientation or gender or gender identification, or color bias. Harassment: consists of unwelcome verbal, written or physical conduct targeting specific person(s), which is persistent or pervasive to create an intimidating hostile, humiliating, or offensive school environment or which substantially interferes with the progress of an employee’s work environment, or a student’s education. 7/20/2015 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 Report Civil Rights Violations to: 7/20/2015 Your Building Principal Coordinator Title IX/Section 504/ADA Superintendent 8 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: United States Equal Opportunity Employment Commission, (EEOC), John F Kennedy Federal Building, 475 Government Center, Boston, MA 02203, 800-6694000 Massachusetts Commission Against Discrimination (MCAD), One Ashburton Place, Room 601,Boston, MA, 617-727-3990 Violations regarding Civil Rights can be addressed to: 7/20/2015 Office for Civil Rights (OCR), 33 Arch Street, Suite 900, Boston, MA 02110. - (617) 289-0111 9 Safe School Climate for All 7/20/2015 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 protected class 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 Quid Pro Quo Harassment Defined in Chapter 151B as: Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when.. 7/20/2015 submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly, is a term or condition of employment, or as a basis for employment decisions. 11 Harassment (cont’d) The Claimant must prove: 7/20/2015 That the alleged harasser made sexual advances or requests, or otherwise engaged in conduct of a sexual nature; The sexual conduct was unwelcome; S/he rejected such advances, requests or conduct: and The terms or conditions of his/her employment were then adversely affected. 12 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… 7/20/2015 Such advances, requests or conduct have the purpose or effect of interfering with one’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. 13 Examples of Harassment: 7/20/2015 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 media to communicate to other employees or friends. The victim is encouraged to make it clear to the alleged harasser that the behavior is bothering him/her if s/he can comfortably do so. 14 In a hostile work environment case, the complainant must prove: 7/20/2015 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 complainant’s work performance or altered the terms and conditions of the complainant's employment. 15 Employee/Visitor Complaint Procedure 7/20/2015 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 Complaint Procedure (cont’d) 7/20/2015 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. 17 Report Sexual Harassment Violations to: 7/20/2015 Your Building Principal or building designee Superintendent of Schools Coordinator of Title IX/Section 504 of the Rehabilitation Act/ADA 18 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: 7/20/2015 Nurses Teachers and Guidance counselors Administrators School Psychologists 19 MRSD Reporting Procedures: 7/20/2015 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 reporter’s name, alone, appears as the School System’s representative. 20 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: 7/20/2015 The birth of a child The placement of a child with the employee for adoption or foster care. The care of an employee’s spouse, child, or parent who has a serious health condition. An employee’s serious health condition that makes s/he unable to perform the essential functions of his/her position. 21 Advance Notice & Medical Certification 7/20/2015 The employee must provide notice of intent to take family and medical leave not less than 30 days before leave is to begin or as soon as possible. An employer may request medical certification for FMLA leave taken to care for an employee’s spouse, child, or parent who has a serious health condition, or for the serious health condition of the employee. 22 Drug Free Workplace Act -1989 Requires school districts to maintain a drug free environment. It explicitly prohibits employees from: 7/20/2015 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. 23 American w/Disabilities Act (ADA) 7/20/2015 This act gives civil rights’ protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, national origin, age, and religion any other protected class by state or federal laws. It guarantees equal opportunities for individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications. 24 ADA (cont’d) 7/20/2015 ADA Information Line: 1-800-5140301 TTY: 1-800-514-0383 25 ADA - Disabilities 7/20/2015 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. 26 Who is Covered? The law protects “qualified individuals with a disability” – defined as: 7/20/2015 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. If you believe you have a disability under ADA, contact your principal. 27 Employee Assistance Program EAP services provided by Wellness Corporation-Massachusetts Education and Government Association. Voluntary, Confidential www.WellnessWorkLife.com 1-800-828-6025 7/20/2015 28 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. The question is how does this apply to students? 7/20/2015 The Due Process Rights of Students The issue: What rights to process to students in public schools have before they are punished or dismissed for disciplinary or academic reasons? 29 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) 7/20/2015 30 Summary 7/20/2015 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. 31 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: 7/20/2015 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 32 MRSD’s Physical Restraint Protocols “Physical restraint shall be used only in emergency situations 7/20/2015 after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution.” Our students are protected by law from the unreasonable use of physical restraint. 33 Physical Restraint is… 7/20/2015 “The use of bodily force to limit a student’s freedom of movement.” (Regulation 46.02(3) 34 Physical Restraint is not “Touching or holding a student without the use of force.” Examples: 7/20/2015 Physical escort Touching to provide instructional assistance Other forms of physical contact that do not include the use of force. 35 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 student’s behavior poses a threat of IMMINENT, SERIOUS, PHYSCIAL HARM to self and/or others. 7/20/2015 36 Trained staff use restraint with two goals in mind: 7/20/2015 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. 37 Who is trained? Staff members are identified as schoolwide resources. Staff participate in an in-depth training program which include understanding positive behavioral supports. 7/20/2015 38 Student Records- confidentiality 7/20/2015 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 Authority: 603 CMR 23.00: M.G.L. c. 71, 34D, 34E. 39 Access to records 7/20/2015 Specific guidelines exist to who has the right to access student records, including student’s 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. 40 Regulations for Diverse Learners 7/20/2015 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 41 Laws and Regulations related to Diverse Learners 7/20/2015 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 42 Bullying Law-Chapter 92 of the Acts of 2010 Requires: 7/20/2015 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 Posting on school website for prevention and required intervention plan Internet safety measures-included in policy Provisions for students with IEPs 43 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 school staff including but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to extra curricular or paraprofessional of a written or electronic expression or a physical or emotional harm to the victim that 7/20/2015 44 Amendment to Bullying Law (cont.) (i) causes emotional or physical harm to the victim or victim’s 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. 7/20/2015 45 Thank You 7/20/2015 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. 46 46 Statement of Assurance STATEMENT OF ASSURANCE I have read and understood the training materials presented to me in the District Powerpoint on Civil Rights and Mandated Trainings for Monomoy Regional School District. 7/20/2015 YES _______ NO _______ I have read the training materials presented to me in the District Powerpoint on Civil Rights, Family Educational Records Privacy and Communication in the Primary Language of the Home and I have questions. YES ______ NO _______ Print this slide (Choose Print then select Slides 45) Then print and sign your name and date below and send to Mrs. Ann Wade Student Services Secretary _____________________ _____________________ ____________ Printed Name Signature Date 47