Transcript Document

Monomoy Regional School District
Mandated Laws and Regulation
Training
7/20/2015
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Topics Covered
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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
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Title VII of the Civil Rights Act -1964
and Massachusetts Law
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Prohibits discrimination on the basis
of:
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Race
Color
Religion
National Origin
Gender
Gender Identity
Pregnancy
Age
Sexual Orientation
Gender Identification
Housing status
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Civil Rights Policy
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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.
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Commitment to Prevention
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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.
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Identification of Prohibited Conduct
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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.
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Prohibited Conduct (cont’d)
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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.
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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.
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Report Civil Rights Violations to:
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Your Building Principal
Coordinator Title IX/Section
504/ADA
Superintendent
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Governmental Agencies
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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:
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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:
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Office for Civil Rights (OCR), 33 Arch Street, Suite 900,
Boston, MA 02110. - (617) 289-0111
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Safe School Climate for All
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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.
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Quid Pro Quo Harassment
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Defined in Chapter 151B as:
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Sexual advances, requests for sexual
favors, and other verbal or physical
conduct of a sexual nature when..
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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.
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Harassment (cont’d)
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The Claimant must prove:
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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.
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Hostile Work Environment
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Defined by Chapter 151B as:
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Sexual advances, requests for sexual
favors, and other verbal or physical
conduct of a sexual nature when…
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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.
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Examples of Harassment:
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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.
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In a hostile work environment case, the
complainant must prove:
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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.
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Employee/Visitor Complaint
Procedure
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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.
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Complaint Procedure (cont’d)
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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.
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Report Sexual Harassment Violations
to:
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Your Building Principal or building
designee
Superintendent of Schools
Coordinator of Title IX/Section 504
of the Rehabilitation Act/ADA
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Mandated Reporter of Child Abuse
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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.
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The legislature defines these persons:
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Nurses
Teachers and Guidance counselors
Administrators
School Psychologists
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MRSD Reporting Procedures:
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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.
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Family & Medical Leave Act
(FMLA – 1993)
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FMLA provides employees with
entitlement to 12 work weeks of unpaid
leave during any 12 month period for the
following purposes:
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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.
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Advance Notice & Medical Certification
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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.
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Drug Free Workplace Act -1989
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Requires school districts to maintain a
drug free environment.
It explicitly prohibits employees from:
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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.
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American w/Disabilities Act (ADA)
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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.
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ADA (cont’d)
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ADA Information Line: 1-800-5140301
TTY: 1-800-514-0383
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ADA - Disabilities
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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.
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Who is Covered?
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The law protects “qualified individuals
with a disability” – defined as:
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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.
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Employee Assistance Program
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EAP services provided by Wellness
Corporation-Massachusetts Education
and Government Association.
Voluntary, Confidential
www.WellnessWorkLife.com
1-800-828-6025
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Due Process
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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?
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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?
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Due Process (continued)
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Cases that secure this right
Cases
Goss v. Lopez (1975)
Ingraham v. Wright (1977)
Horowitz v. Board of Curators,
University of Missouri (1978)
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Summary
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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.
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Governmental Agencies
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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:
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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
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MRSD’s Physical Restraint Protocols
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“Physical restraint shall be used
only in emergency situations
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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.
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Physical Restraint is…
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“The use of bodily force to limit a
student’s freedom of movement.”
(Regulation 46.02(3)
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Physical Restraint is not
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“Touching or holding a student
without
the use of force.”
Examples:
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Physical escort
Touching to provide instructional
assistance
Other forms of physical contact that do
not include the use of force.
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When may it be necessary?
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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, PHYSCIAL HARM
to self and/or others.
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Trained staff use restraint with two
goals in mind:
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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.
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Who is trained?
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Staff members are identified as schoolwide resources.
Staff participate in an in-depth training
program which include understanding
positive behavioral supports.
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Student Records- confidentiality
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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.
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Access to records
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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.
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Regulations for Diverse Learners
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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
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Laws and Regulations related to Diverse
Learners
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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
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Bullying Law-Chapter 92 of the Acts of 2010
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Requires:
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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
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Amendment to Bullying Law
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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
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Amendment to Bullying Law (cont.)
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(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.
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Thank You
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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.
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Statement of Assurance
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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.
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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
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_____________________ ____________
Printed Name
Signature
Date
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