Transcript LEICESTER SCHOOL DISTRICT Annual Staff Training:  Physical Restraint  Confidentiality  Harassment  Suspected Child Abuse and Neglect  Universal Precautions  Student Records  Anti –Bullying.

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LEICESTER SCHOOL DISTRICT
Annual Staff Training:
 Physical Restraint
 Confidentiality
 Harassment
 Suspected Child Abuse and Neglect
 Universal Precautions
 Student Records
 Anti –Bullying Legislation
 Social Networking/Websites/e-Communication
 McKinney-Vento Act
 Ethics Training
M.G.L. c. 71 §37G
603 CMR 46.00
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The Leicester Public Schools (“the District”) is committed to ensuring
that students are free from the use of physical restraint except in
accordance with the requirements of Massachusetts laws and
regulations. Physical restraint is an emergency measure of last resort.
It may be administered only when necessary to protect a student
and/or school community member from assault or imminent, serious
physical harm. In the event that physical restraint is necessary, staff
will strive to prevent or minimize any harm to the student as a result
annually review its Restraint Prevention and Behavior Support Policy
and Procedures, provide it to all District staff, and make it available to
parents of enrolled students.
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Mechanical Restraint: the use of any device or equipment to restrict a
student’s freedom of movement. The term does not include devices
implemented by trained school personnel, or utilized by a student that
have been prescribed by an appropriate medical or related services
professional, and are used for the specific and approved positioning or
protective purposes for which such devices were designed. Examples of
such devices include: adaptive devices or mechanical supports used to
achieve proper body position, balance, or alignment to allow greater
freedom of mobility than would be possible without the use of such
devices or mechanical supports; vehicle safety restraints when used as
intended during the transport of a student in a moving vehicle; restraints
for medical immobilization; or orthopedically prescribed devices that
permit a student to participate in activities without risk of harm.
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Medication Restraint: the administration of medication for the purpose of
temporarily controlling behavior. Medication prescribed by a licensed
physician and authorized by the parent for administration in the school
setting is not medication restraint.
Physical Escort: a temporary touching or holding, without the use of
force, of the hand, wrist, arm, shoulder, or back for the purpose of
inducing a student who is agitated to walk to a safe location.
Physical Restraint: direct physical contact that prevents or significantly
restricts a student’s freedom of movement. Physical restraint does not
include: brief physical contact to promote student safety, providing
physical guidance or prompting when teaching a skill, redirecting
attention, providing comfort, or a physical escort.
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Principal: instructional leader of a public school education program or his or her designee.
Prone Restraint: a physical restraint in which a student is placed face down on the floor or
another surface, and physical pressure is applied to the student’s body to keep the student in
the face-down position.
Seclusion: involuntary confinement of a student alone in a room or area from which the student
is physically prevented from leaving. Seclusion does not include a time-out as defined below.
Time-Out: a behavioral support strategy, developed pursuant to 603 CMR 46.04(1), in which a
student temporarily separates from the learning activity or the classroom, either by choice or
by direction from staff, for the purpose of calming. During time-out, a student must be
continuously observed by a staff member. Staff shall be with the student or immediately
available to the student at all times. The space used for time-out must be clean, safe, sanitary,
and appropriate for the purpose of calming. Time-out shall cease as soon as the student has
calmed.
DESE’s Technical Assistance Advisory SPED 2016-1, issued on July 31, 2015, provides the
following additional definitions pertaining to time-out:
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Inclusionary time-out: when the student is removed from positive reinforcement or full participation in classroom activities
while remaining in the classroom.
Exclusionary time-out: the separation of the student from the rest of the class either through complete visual separation or from
actual physical separation.
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Chemical restraint, mechanical restraint and
seclusion are prohibited in all public school
education programs.
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Neither 603 C.M.R. 46.00 nor this policy prohibits: (1) any teacher, employee or
agent of the District from using reasonable force to protect students, others or
themselves from imminent, serious, physical harm; (2) any individual from
reporting to appropriate authorities a crime committed by a student or other
individual; (3) law enforcement, judicial authorities or school security personnel
from exercising their responsibilities, including the physical detainment of a
student or person alleged to have committed a crime or posing a security risk; or
(4) an individual from reporting neglect or abuse to the appropriate state agency,
pursuant to M.G.L. c. 119 § 51A.
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DESE’s Technical Assistance Advisory SPED 2016-1, issued on July 31, 2015, explains the
differences between “inclusionary time-out” and “exclusionary time-out” as follows:
“Inclusionary time-out”: when the student is removed from positive reinforcement or full
participation in classroom activities while remaining in the classroom.
 The use of “inclusionary time-out” functions well as a behavior support strategy while
allowing the student to remain fully aware of the learning activities of the classroom.
“Inclusionary time-out” includes practices used by teachers as part of their classroom
behavior support tools, such as “planned ignoring,” asking students to put their heads
down, or placing a student in a different location within the classroom. These strategies,
used to reduce external stimuli in the student’s environment while keeping the student
physically present and involved in learning, have proven to be useful tools for classroom
management.
 If the student is not “separated from the learning activity” or the classroom, the student
will be in “inclusionary time-out” and the requirements that accompany the use of
“exclusionary time-out,” listed below, do not apply. A student is not “separated from the
learning activity” if the student is physically present in the classroom and remains fully
aware of the learning activities.
 “Inclusionary time-out” does not include walled off “time-out” rooms located within the
classroom; use of those is considered to be “exclusionary time-out.”
“Exclusionary time-out”: the separation of the student from the rest of the class either through
complete visual separation or from actual physical separation.
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“Exclusionary time-out” may be used only for the purpose of calming;
During “exclusionary time-out,” the student must be continuously observed by a staff
member;
The staff member will either be with the student or immediately available to the student at all
times;
The space used for “exclusionary time-out” must be clean, safe, sanitary and appropriate for
calming;
Unless it poses a safety risk, a staff member must be physically present with the student who
is in an exclusionary time-out setting;
If it is not safe for the staff member to be present with the student, the student may be left in
the time-out setting with the door closed. However, in order to ensure that the student is
receiving appropriate support, a school counselor or other behavioral support professional
must be immediately available outside of the time-out setting where the individual can
continuously observe and communicate with the student as appropriate to determine when the
student has calmed;
Students must never be locked in a room;
For students displaying self-injurious behavior, a staff member must be physically present in
the same setting with the student;
An “exclusionary time-out” must be terminated as soon as the student has calmed; and
An “exclusionary time-out” may not extend beyond thirty (30) minutes without the approval
of the Principal. A Principal may grant an extension beyond thirty (30) minutes based only on
the individual student’s continuing agitation.
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Legal Standard for Use
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Physical restraint is considered an emergency procedure of last resort. This means that it may
be used only when the student’s behavior poses a threat of assault or imminent, serious,
physical harm 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.
Physical restraint may never be used for punishment. Physical restraint may not be used as a
response to a student’s property damage, disruption of school order, refusal to comply with
rules/directions, or verbal threats, unless the above harm standard is also met.
Brief physical contact to promote safety is not considered a restraint. DESE’s Question and
Answer Guide to Implementation of 603 CMR 46.00, The Regulations for the Prevention of Physical
Restraint and Requirements if Used, issued on July 31, 2015, states that “brief physical contact to
promote safety refers to measures taken by school personnel consisting of physical contact
with a student for a short period of time solely to prevent imminent harm to a student, for
example, physically redirecting a student about to wander on to a busy road, grabbing a
student who is about to fall, or breaking up a fight between students.”
Physical restraint may not be used as a standard response for any student. No IEP or written
behavioral plan may include physical restraint as a standard response to any behavior.
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Safety
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To ensure student safety, staff will review and consider a student’s medical and
psychological limitations, known or suspected trauma history, and/or behavior
intervention plans. Physical restraint will not be used when it is medically
contraindicated for reasons including, but not limited to, communication-related
disorders, asthma, seizures, cardiac condition, obesity, bronchitis, or risk of
vomiting.
During a physical restraint, staff will continuously monitor the student’s physical
status, including skin temperature, color and respiration, and make certain that the
student is able to breathe and to speak. Staff will use the safest physical restraint
method available and appropriate for the situation, and will use only the amount
of force necessary to protect the student or others from physical injury or harm.
Whenever possible, another adult who is not a participant in the restraint will
witness the administration of the restraint.
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Duration
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A physical restraint must be terminated as soon as the student is no longer an
immediate danger to himself or others, or the student demonstrates or expresses
significant physical distress (e.g., difficulty breathing, sustained or prolonged
crying, sustained or prolonged coughing). If a student demonstrates or expresses
significant physical distress, staff will release the restraint and seek medical
assistance immediately. For any student to be restrained for more than twenty
(20) minutes, staff must obtain the Principal’s approval. This approval must be
based on the student’s continued agitation justifying the need for continued
restraint.
Follow-up
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Follow-up procedures will be implemented after the release of the student from physical
restraint. These will include reviewing the incident with the student to address the
precipitating behavior, reviewing the incident with staff who administered the restraint to
discuss whether proper restraint procedures were followed, and considering whether any
follow-up is appropriate for students who witnessed the incident.
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Prone and Floor Restraints
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Prone restraints are prohibited, except on an individual basis and when all of the following
conditions, which require specific documentation, are met: (1) the student has a documented
history of repeatedly causing serious self-injuries and/or injuries to other students or staff; (2)
all other forms of physical restraint have failed to ensure the safety of the student and/or
others; (3) there are no medical contraindications, as documented by a licensed physician; (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; (5) the program has obtained consent to use prone restraint in an emergency as
set out in 603 CMR 46.03(1)(b), and the use of prone restraint is approved in writing by the
Principal; and (6) the program has documented all of the above before using prone restraint
and maintains the documentation. The only staff authorized to administer a prone restraint
are staff who have received in-depth restraint training in accordance with 603 C.M.R. 46.04(3).
Floor restraints are prohibited unless the staff administering the restraint have received indepth training in accordance with 603 C.M.R. 46.04(3), and these trained staff members
determine that such method of restraint is required to provide safety for the student or others.
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All physical restraints, regardless of duration, will be reported.
Reporting within School and to Parents
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The reporting process within the school and to the student’s parents is as follows: The staff will
immediately verbally inform the Principal, and the Principal will make reasonable efforts to
verbally inform the student’s parents within 24 hours of the restraint. The staff will file a
detailed written report no later than the next school day, and the Principal will e-mail or mail
the written report to the parents within three (3) school days of the restraint. There are no
individual waivers permitted for these reporting requirements.
Report Contents
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The report will include: names and job titles of those involved, including observers; date and
time the restraint began and ended; the name of the administrator who was verbally informed;
the name of the Principal or designee who approved extending the restraint beyond twenty
(20) minutes, when such approval was obtained; what was happening before the restraint; the
efforts staff used to prevent escalation of the student’s behavior, including the specific deescalation strategies that the staff used; the alternatives to restraint that staff attempted; the
justification for initiating the restraint; a description of the holds used and why they were
necessary; a description of the student’s behavior and reaction during the restraint, and any
medical care given; information regarding any further actions the school has taken or may
take; and information regarding opportunities for the student’s parents to discuss the restraint
with the school.
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Reporting to the Department of Elementary and
Secondary Education
 The reporting process to the Department of
Elementary and Secondary Education (DESE)
is as follows: The District will report to DESE
all restraints that result in serious injury to
either a student or a staff member within three
(3) working days of the restraint. Additionally,
the District will provide DESE with an annual
report of its physical restraint use.
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Two types of administrative reviews will be conducted in regards to the use of physical restraint.
The Principal will conduct a Weekly Individual Student Review and a Monthly School-Wide
Review.
Weekly Individual Student Review
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A Weekly Individual Student Review will be conducted in regards to any student who has
been restrained multiple times during the week. The Principal will convene a review team to
assess the progress and needs of any such student, with the goal of reducing or eliminating
future restraint. This team will review and discuss the written restraint reports, analyze the
factors that led to the restraint, consider the factors that may have contributed to the escalation
of the student’s behavior, and develop a written action plan.
Monthly School-Wide Review
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A Monthly School-Wide Review will also be conducted by the Principal. In this review, the
Principal will consider patterns of restraints, number of restraints, duration of restraints and
any injuries caused by restraints. The Principal will assess whether the restraint prevention and
management policy needs to be modified and/or whether there is a need for additional staff
training on restraint reduction and restraint prevention strategies.
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General Training
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The Principal will ensure that all staff receive training on the District’s
Restraint Prevention and Behavior Support Policy and Procedures and
the requirements for the use of restraint. This training will comply with
the requirements of 603 C.M.R. 46.04(2).
In-Depth Training
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The Principal will identify and authorize certain staff to serve as a schoolwide resource to assist in ensuring the proper administration of physical
restraint. These identified staff will participate in an in-depth training
that complies with the requirements of 603 C.M.R. 46.04(3) and 603
C.M.R. 46.04(4).
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CONFIDENTIALITY
FOR
SCHOOL STAFF
Annual training required by the MA Department of
Education
STUDENT RECORD REGULATIONS
 Protect the rights of students and families regarding
CONFIDENTIALITY, INSPECTION, AMENDMENT,
and DESTRUCTION of student records
 Provide guidance to districts in carrying out state and
federal laws
CONFIDENTIALITY
In all INFORMAL SITUATIONS (faculty rooms,
offices, hallways, conversations):
You CANNOT give any personally identifying
information about the student to anyone who is
not directly involved in that child’s education
without written parental consent.
PROTECTED INFORMATION
Whether or not:
 student attends the school
 is present on a given day
 Student’s address and phone number
This information is also protected from
non-custodial parents and grandparents.
CONFIDENTIALITY IN SCHOOL
 Do not discuss information about students in public
places (lunchroom, staff room, bus lines, etc.)
 Share only information that is part of the work
process with qualified personnel
 Do not leave personal student information in public
view
CONFIDENTIALITY
When out of school, you cannot:
 Discuss any school discipline issue
 Divulge whether a student is in special education
 Talk about if a student has problems, is seeing a
guidance counselor, or has gotten into trouble
 Talk about a student’s attendance, grades, or
appearance
 Discuss test scores or academic performance
RECOGNIZING
AND
RESPONDING
TO HARASSMENT WITHIN OUR
SCHOOLS
Forms of Harassment:
 Harassment can be based on:
• Sex / Sexual Orientation
• Race
• National Origin
• Disability
• Religion
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Sexual harassment is the most common
form of harassment in schools.
Sexual harassment is a form of sex discrimination
under both Title VII of the 1964 Civil Rights Act
and Title IX of the 1972 Education Amendments.
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Title IX
“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 educational program or
activity receiving Federal assistance….”
Education Amendments of 1972,20 U.S.C. Sec. 1681(a)
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In schools sexual harassment is...
 A Student Issue
 An Employee Issue
Anyone can be a victim or perpetrator of sexual harassment.
What is sexual harassment?
Unwelcome behavior of a sexual nature, whether the
behavior is written, verbal, or physical.
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Two types of Sexual Harassment:
 Quid pro quo harassment occurs when a school employee causes a student to
believe that he or she must submit to unwelcome sexual conduct in order to
participate in a school program or activity. It can also occur when an employee
causes a student to believe that the employee will make an educational decision
based on whether or not the student submits to unwelcome sexual conduct. For
example, when a teacher threatens to fail a student unless the student agrees to
date the teacher, it is quid pro quo harassment.
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Hostile environment harassment occurs when unwelcome sexually harassing
conduct is so severe, persistent, or pervasive that it affects a student's ability to
participate in or benefit from an education program or activity, or creates an
intimidating, threatening or abusive educational environment. A hostile
environment can be created by a school employee, another student, or even
someone visiting the school, such as a student or employee from another school.
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Sexual harassment may include verbal forms ….
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Sexual or gender based jokes or teasing
Words such as “honey", "sweetie” or “babe”
Whistles or other derogatory noises
Comments about a person’s body
Derogatory comments based on gender
Sexual harassment may also include visual forms….
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Obscene posters, cartoons, and pin-ups
Computer graphics and obscene messages on computer bulletin boards
Offensive models, statues, and figurines
Inappropriate clothing
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Physical forms of sexual harassment may include….
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Inappropriately touching another person
Grabbing and/or fondling
Rubbing up against a person
Massaging or stroking another person
Stalking
Sexual harassment can also result from…..
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Staring
Physical gestures that have a sexual connotation
Suggestive looks and facial expressions that have sexual
implications
Blocking the pathway of another to make a sexual
advance
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What constitutes sexual harassment?
 An act or conduct that is severe, persistent, or pervasive.
 Limits a student’s ability to participate in, or benefit from, an
educational program, or
 Creates a hostile or abusive environment.
What is your responsibility?
 As an employee you are obligated to foster a working
environment that is free of harassment.
 As an employee of the Leicester Public Schools, you have a duty
to provide a learning environment that is free of sexual
harassment and other types of harassment.
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If you witness any type of harassment do the following:
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Take prompt action and stop the harassment.
Report all incidents to the building principal or
assistant principal
Provide the names of all parties involved and any
witnesses.
Help document exactly what was said or done.
If a student tells you that he/she has witnessed or been the
victim of harassment:
• Inform the student of his/her right to file a complaint and
offer to escort the student to
meet with the Principal or Assistant Principal
• Immediately notify the Principal’s office of the student’s
report of harassment
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Harassment/Discrimination Grievance Process
 Initial Complaint or Report of Harassment
Building Principal/designee notified
Building Principal/designee meets with
complainant
Building Principal/designee conducts
investigation
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Harassment/Discrimination Grievance Process : Level 1
Step 1:
 If a student, employee of third party believes that she/he: (1) has been subjected to or
witnessed harassment or discrimination; or (2) has been subjected to or witnessed
retaliation against an individual associated with a complaint of harassment /
discrimination, the student, employee or third party shall report the incident promptly to a
teacher, counselor or building administrator. The teacher, counselor or administrator
shall thereafter refer the complainant to the building principal.
Step 2:
a. A complaint of harassment / discrimination shall be filed in writing with the building
grievance/ harassment coordinator (principal or designee).
b. The building grievance/ harassment coordinator meets with the complainant to obtain all
relevant information including the names of witnesses and any documentary evidence,
conducts an investigation, and responds to the complainant’s parents/guardians in writing
within ten (10) school working days.
c. Copies of the written response will be provided to the Superintendent and the appropriate
District-wide grievance officer.
d. Where appropriate, immediate action may be taken by the building grievance/ harassment
coordinator to prevent recurrence of any harassment and to correct its discriminatory
effect(s) on the complainant. Retaliation against the complainant by the individual
complained of or any other person is prohibited and will result in severe disciplinary action. 35
Grievance Process: Level II
 If a satisfactory resolution is not achieved at Level #1, the complainant may, within
ten (10) school working days of receiving the decision rendered at Level #1, file a
grievance with the Administrator of Special Education (for discrimination/harassment
on the basis of disability) or the grievance officer (for all other forms of
discrimination/harassment), who shall meet with the complainant, conduct further
investigation (where appropriate) and shall provide a written response to the
aggrieved party within ten (10) school working days.
 Where appropriate, immediate action may be taken by the Superintendent grievance
officer to prevent recurrence of any harassment/discrimination and to correct its
discriminatory effect(s) on the complainant.
Grievance Process: Level III
If a satisfactory solution is not achieved at Level #2, the complainant may file a written
appeal to the Superintendent of the Leicester Public Schools. The Superintendent will meet
with the complainant, conduct further investigation (where appropriate), and will provide a
written response to the aggrieved party within ten (10) school days. The Superintendent’s
decision on the complainant’s appeal shall constitute the District’s final decision with regard
to the complainant’s grievance.
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Reporting Suspected Child
Abuse and Neglect
51A Guidelines
Protecting Children from Abuse
M.G.L. c. 119 §51A
 Requires that all “mandated reporters” report suspected cases of abuse and/or
neglect to the Department of Social Services of the town in which the child
resides.
 Mandated Reporters = Public school teachers, counselors and administrators
51A Abuse Reports : Triggers
If you have reason to believe that a child has suffered, or is suffering physical or
emotional injury as a result of abuse or neglect which causes harm or substantial
risk of harm…Report it!
Reporting Suspected Abuse
 As a school employee you are a mandated reporter. The standard for reporting
suspected abuse and neglect is “reasonable cause to believe” which means that
mandated reporters need only a "mere suspicion" that abuse or neglect was
committed against a person with a disability. If abuse or neglect is suspected,
trust your feeling and file a report. It is better to err on the side of action.
 If you suspect abuse, contact the building Principal or Assistant Principal
immediately.
 The administrator will then make an oral report of suspected abuse to DSS and,
within 48 hours, will file a written report.
 The Principal, mandated reporter, student’s counselor, and/or superintendent will
determine whether to notify the parent(s)
Types of Abuse
 Physical – Physical abuse refers to the use of physical force against someone in
a way that injures or causes pain to that person.
 Sexual – Sexual abuse occurs when someone is forced to engage in unwanted,
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unsafe, or degrading sexual activity or exploitation without their express
permission or knowledge.
Financial – Financial abuse is the illegal or improper use of another person’s
funds, property or assets without their express permission or knowledge, by a
person in a position of trust.
Neglect/Omission – Neglect or omission occurs when someone responsible
for the care and well-being of another fails to provide for the basic daily living
needs of that person resulting in, or placing them at risk of, serious physical or
emotional injury.
Emotional – Emotional abuse may be verbal or non-verbal, and occurs when
someone is attempting to control another person through threatening,
humiliating, or intimidating actions.
Mistreatment – Mistreatment refers to the use of medications or treatments,
isolation or physical or chemical restraints which harms or creates a substantial
likelihood of harm
Reporting Suspected Child Abuse and Neglect
51A Guidelines
•
Under Massachusetts General Laws Chapter 119, Section 51A, a mandated reporter who has
reasonable cause to believe that a child under the age of eighteen years is suffering physical or
emotional injury resulting from abuse, including sexual abuse, or from neglect, shall
immediately report such condition to DSS. Mandated reporters include public and private
school teachers, educational administrators, guidance or adjustment counselors,
psychologists, attendance officers, social workers, day care providers, health care
professionals, court and public safety officials.
•
In schools, mandated reporters may either report directly to DSS or they may notify the
person in charge of the school (or that person's designee), in which case that individual is
responsible for making the oral and written report to DSS. The mandated reporter must make
the report orally to DSS immediately, and then make a written report to DSS within 48 hours.
Reports can be telephoned to the local DSS area office. After 5:00 p.m. and on weekends, calls
should go to the Child-At-Risk Hotline at 1-800-792-5200.
•
G.L. c.119, s51A states that any person who is legally required to report suspected child abuse
or neglect (i.e., is a mandated reporter), who fails to do so is subject to a criminal fine of up to
$1,000. The statute also specifies that a mandated reporter who makes a report of suspected
child abuse or neglect in good faith is immune from liability in any criminal or civil action
filed in connection with the report.
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UNIVERSAL HEALTH PRECAUTIONS
Standard Precautions Guidelines are a set of precautions designed to prevent
the
transmission of human immunodeficiency virus (HIV) Hepatitis B virus (HBV)
and other blood borne pathogens when providing first aid or health care.
Standard Precautions should be used with everyone. There is no way to know of
a
person is infected with a communicable disease, therefore all body fluids should
be handled as if they are infected.
Body Fluids to which Universal Precautions apply are: blood, semen and vaginal
secretions, cerebrospinal fluid, synovial fluid, peritoneal fluid, pericardial fluid
and amniotic fluid.
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UNIVERSAL HEALTH PRECAUTIONS
The key steps in protection shall be:
 Treating every person as though they have an infectious
disease
 Use of protective barriers ( gloves, masks, etc.)
 Proper hand washing
 Appropriated disposal of hazardous waste
 Proper leaning of contaminated areas
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Gloves should be worn:
– when it is likely you will come into contact with blood or body fluids
– changing diapers
– when you have broken areas of skin
– when cleaning up any area that were in contact with body fluid
Do not remove gloves prior to touching non contaminated objects or reuse
gloves!
Glove Removal:
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Pinch palm of glove on hand and pull glove down and off fingers
Form glove into ball and place in palm of gloved hand
Insert finger of ungloved hand under inside of rim and gloved hand.
Push glove inside out over fingers and around the balled up glove
Grasp inside out gloves and discard into plastic bag and seal
Wash hands
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Hand Washing
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Wet hands with war, running water
Apply liquid soap and water or use alcoholbased hand rub
Wash hands thoroughly using a circular motion
Wash between fingers, backs of hands and
wrists
Rinse and dry hands well
Use paper towel to turn off water
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Clean Up
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Wear gloves
Mop up spill with paper towels or other absorbent
material
Use a solution of 1 part household bleach and 10
parts water, wash area well
Dispose of glove, soiled towels and other waste in
sealed double plastic bag
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Conclusion
Prevention is the Key!!
It is impossible to tell if someone is infected
by looking at him/her.
Treat every situation as a potential risk and
each individual as though they have and
infectious disease.
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Student Records
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M.G.L. c. 71 §34(A-H)
◦ 603 CMR 23.00
Family Educational Rights and Privacy Act (FERPA)
What is a Student Record?
Permanent Record:
•Transcript
Temporary Record:
•All information, in any form, that is organized on the basis
of the student’s name or in a way that the student may be
individually identified.
•Does not include personal memory aids of staff so long as
they are not revealed to a third party.
Destruction and Amendment of the Student Record
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Permanent Record must be Maintained for 60 years
Temporary record must be maintained for 7 years after withdrawal,
transfer, graduation.
◦ Must provide Notice of Destruction
Amendment of Record
◦ Must be approved by Principal
Access to Student Records

Those entitled to access a student record
 Parents and Students over 14
 Administrative and clerical staff
 Authorized school personnel
 Administrators, teachers, counselors, and other professionals
who are providing services directly to the student
 Other individuals with written consent of the parents/student
Non-Custodial Parents
M.G.L. c.71 §34H prohibits the release of
student record information to non-custodial
parents without providing 21 days prior notice
to the parent with physical custody of the
student. Physical custodian has 21 days to show
that non-custodial parent is not eligible to
receive records.
 If records are produced to the non-custodial
parent, the school must remove all addresses
from the documents
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Bullying Prevention and Intervention
M.G.L. c.71, §370 and the District’s Bullying
Prevention and Intervention Plan (BPIP)
 Prohibit acts of bullying, cyberbullying, and retaliation:
 on school grounds, property immediately adjacent to school grounds, at a school
sponsored or school related activity, function or program whether on or off school
grounds, at a school bus stop ,on a school bus or other vehicle owned ,leased or
used by a school district or school, or through the use of technology or an electronic
device owned, leased or used by a school district or school; and/or
 at a location, activity, function or program that is not school related, or through
the use of technology or an electronic device that is not owned, leased or used by
a school district or school, if the bullying creates a hostile environment at school for
the target, infringes on their rights at school or materially and substantially disrupts
the education process or the orderly operation of a school.
 The school district is not required to staff any nonschool related activities,
functions, or programs.
Bullying Prevention and Intervention: Definitions
Bullying:
 the repeated use by one or more students or by a school
staff member 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 Prevention and Intervention: Definitions

Cyberbullying
◦ Bullying through the use of technology or any electronic
communication
◦ Also 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 person as the author
of posted content or messages, if the creation or
impersonation creates any of the conditions enumerated in
the definition of bullying; or
 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 the definition of bullying.
The Massachusetts Anti-Bullying Act: Definitions
Perpetrator
◦ A student or school staff member who engages in bullying or retaliation
 Referred to as “Aggressor” by DESE
 Victim
◦ A student victim of bullying or retaliation
 Referred to as “Target” by DESE
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Hostile Environment
◦ Where bullying causes the school environment to be permeated with
intimidation, ridicule or insult that is sufficiently severe or pervasive as
to alter the conditions of the student’s education.
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Retaliation
◦ Reprisal or harassment directed against a person who reports bullying,
provides information during an investigation of bullying, or witnesses or
has reliable information about bullying.
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Responding to Bullying
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Responsibilities of School Staff
◦ Any staff member who witnesses or becomes aware of bullying or retaliation must
immediately report it to the principal or to the school official identified in the BPIP as
responsible for receiving such reports or both.
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Complaints/Reports
◦ May be oral or in writing
◦ Anonymous Complaints
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Principal’s Responsibility
◦ The school principal or a designee should promptly commence an investigation.
 Principal makes preliminary determination regarding the need for referral to law
enforcement and need for immediate intervention to protect the victim’s safety.
 Principal or designee conducts investigation.
 If the principal or designee determines, following investigation, that bullying or
retaliation has occurred, the principal shall:
 notify the local law enforcement agency if the principal believes that criminal
charges may be pursued against a perpetrator of bullying.
 take appropriate disciplinary and/or corrective action;
 notify the parents or guardians of a the victim and aggressor
Bullying Investigations: Notice of Findings

Upon completion of the investigation, principal/designee:
◦ Sends separate written notices of the principal’s finding to the victim
and perpetrator
 May not divulge student record information pertaining to student who
is not the child of the parent(s) being notified
 Must develop individualized plan by which to notify the parents of
students bullied on the basis of sexual orientation or gender identity
◦ Notify victim of the services and interventions to be provided to restore
a non-hostile environment for the victim
◦ Conduct parent conferences with parents of victim and parents of
perpetrator if appropriate or requested
◦ Conduct follow up interview with victim to monitor effectiveness of
interventions and retaliatory treatment of victim or witnesses.
Intervention/ Corrective Action
• Provide support services to the victim, aggressor, and/or
witnesses:
• Restore a sense of safety for the victim and assess the
victim’s need for protection;
• Protection of any person who reports bullying, provides
information during an investigation of bullying or
witnesses or has reliable information about an act of
bullying from bullying or retaliation;
• Counseling or referral to appropriate services for
perpetrators and victims and for appropriate family
members of said students.
Intervention/ Corrective Action
• Provide support services to the victim, aggressor, and/or
witnesses:
• Restore a sense of safety for the victim and assess the
victim’s need for protection;
• Protection of any person who reports bullying, provides
information during an investigation of bullying or
witnesses or has reliable information about an act of
bullying from bullying or retaliation;
• Counseling or referral to appropriate services for
perpetrators and victims and for appropriate family
members of said students.
Bullying and Students with Disabilities
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M.G.L. c.71B, §3 (as amended)
 Whenever the evaluation of the IEP team indicates that
the child has a disability that affects social skills
development or that the child is vulnerable to bullying,
harassment or teasing because of the child’s disability,
the IEP shall address the skills and proficiencies needed
to avoid and respond to bullying, harassment or teasing.
 Applies equally to students who are perpetrators of bullying
Policy 321A: Policy on Social Networking/Websites/e-Communication
The District will annually review with staff members the importance of maintaining proper,
professional decorum with regards to the use of technology, specifically with on-line/digital forums
with special emphasis on:

Improper fraternization with students using Facebook and/or similar internet sites, social networks,
or via cell phone, texting or telephone.
 all e-contacts with students should be conducted through the District’s computer and telephone system,
except in emergency situations.
 inappropriate contact via e-mail or phone is prohibited, staff may not list students currently enrolled
in the Leicester Public Schools as “friends” on networking sites.
 all contact and messages by coaches/advisors/chaperones, etc. with team members/students shall be
sent to all members of the group, except for messages concerning medical or academic privacy
matters, in which case the messages will be copied to the school principal.
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Inappropriateness of items posted by an employee, having sexual content.
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Inappropriateness of items posted by an employee exhibiting said employee illicitly using or
advocating the illicit use of drugs and/or alcohol
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The penalties for improper use of district computers and technology (see acceptable use policy.

The District recognizes that in certain situations, such as on field trips, it may be desirable for
students to have a staff member’s cell phone number. However, as a general practice, the District
strongly recommends that staff members not give out their private cell phone or home phone
numbers to students.
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The District reserves the right to conduct internet searches to see if staff has posted inappropriate
materials on-line. Should inappropriate internet posts or inappropriate use of Leicester Public
School technology be discovered, the Superintendent/designee will promptly discuss the matter
with the staff member and may consider and apply disciplinary action as deemed appropriate .
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McKinney-Vento Act
Serving Homeless Children
McKinney-Vento Personnel

Every State Education Agency has an Office of
State Coordinator for the Education of
Homeless Children and Youth
◦ Collaboration responsibilities across agencies and
with communities
◦ Technical assistance to LEAs
◦ Compliance
◦ Professional Development
◦ Data collection and reporting
McKinney-Vento Personnel
Every school district must designate a liaison for
students in homeless situations
 The homeless liaison is Suzanne Morneau,
Director of Special Education
 Responsibilities:
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◦ Ensure that children and youth in homeless situations
are identified through school and community
◦ Ensure that homeless students enroll in and have full
and equal opportunity to succeed in school
◦ Make referrals for health, mental health, and other
services, and ensure that homeless children receive
Head Start and preschool programs administered by
school districts.
Local Homeless Education Liaisons
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Inform parents, guardians, or youth of educational and
parent involvement opportunities
Post public notice of educational rights
Resolve disputes
Inform parents, guardians, or youth of transportation
services, including to the school of origin
Collaborate and coordinate with community and school
personnel
Homeless
Individuals who lack a fixed, regular, and adequate
nighttime residence or have a primary nighttime
residence in a supervised, publicly or privately, operated
shelter for temporary accommodations (including
welfare hotels, congregate shelters, and transitional
housing for the mentally ill),
 An institution providing temporary residence for
individuals intended to be institutionalized, or a public
or private place not designated for , or ordinarily used
as, a regular sleeping accommodation for human beings.
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Homeless Definition Includes
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Children and youth who are sharing the housing of other persons
due to loss of housing, economic hardship, or a similar reason; are
living in motels, hotels, trailer parks, or camping grounds due to the
lack of alternative adequate accommodations; are living in
emergency or transitional shelters; are abandoned in hospitals; or
are awaiting foster care placement.
Children and youth who have a primary nighttime residence that is
a public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings;
Children and youth who are living in cars, parks, public spaces,
abandoned buildings, substandard housing, bus or train situations,
or similar settings.
Migratory children (as such term is denied in section 1309 of the
Elementary and Secondary Education Act of 1965) who qualify as
homeless because they are living in circumstances describe above;
and unaccompanied youth a youth not in the physical custody of a
parent or guardian
Unaccompanied Youth
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DESE defines unaccompanied youth as
◦ A youth who is homeless;
◦ A youth who is not in the physical custody of a
parent, guardian; and
◦ A youth not in the custody of a state agency
◦ This definition includes youth living in runaway
shelters, in abandoned buildings, cars, on the street or
in inadequate housing, youth denied housing by their
families, those who have left home voluntarily, even
when their parents want them to return home, and
youth doubled up with friends or relatives
School of Origin
Homeless students have a right to either remain in their
school of origin or to attend school where they are
temporarily residing;
 Students who choose to remain in their school of origin
have the right to remain there until the end of the
school year in which they get permanent housing;
 Students who chose to enroll in school where they are
temporarily residing must be enrolled immediately, even
if they do not bring the records usually required for
enrollment with them
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What if they don’t have records?
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If a homeless student arrives without records, the
school district’s designated Homeless Education Liaison
must assist the family and contact the previously
attended school system to obtain the required records
◦ Since McKinney-Vento is a federal law, its
requirements override the state immunization law.
Where can they enroll?
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Local school districts, in accordance with the homeless
student’s best interest, must:
◦ Either continue the student’s education in the school
of origin until the end of the year in which the
student obtains permanent housing;
◦ Or enroll the student in a public school that nonhomeless students who live in the attending area in
which the child or youth is actually living are eligible
to attend.
Transportation
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District must adopt policies and practices to ensure that
transportation is provided to homeless students,
◦ If the homeless student continues to live in the area served by
the district in which the school of origin is located, that district
must provide or arrange transportation;
◦ If the homeless student moves to another district, but continues
his or her education at the school of origin, the district of origin
and the district in which the student resides must agree upon a
method to apportion responsibility and costs for the
transportation to the school of origin; and
◦ If the districts cannot agree upon such a method, the
responsibility and costs must be shared equally.
Transportation
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Homeless students are allowed to continue their
education in their schools of origin for the remainder of
the academic year in which they become permanently
housed-in order to provide for school stability.
However, the transportation provisions of McKinneyVento apply only to students who are homeless.
That is, McKinney-Vento does not require districts to
continue to provide transportation to formerly
homeless students.
Nutrition
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McKinney-Vento Act requires that school districts
enrolling homeless students ensure that homeless
children and youth are able to participate in Federal,
State, or local food programs.
◦ To expedite the delivery of nutritional benefits, school
officials may accept documentation that students are
homeless from the local educational liaison or the
director of homeless shelter where the students
reside.
Ethics Training
Every two years all staff must complete the online ethics training
Online Training Program
Every 2 years, all current state, county and municipal employees must
complete online training. New public employees must complete this training
within 30 days of beginning public service, and every 2 years thereafter.
Upon completing the program, employees should print out the completion
certificate and keep a copy for themselves. Employees will be required to
provide a copy of the completion certificate to the Town or City Clerk
(municipal employees), their employing agency (appointed state and county
employees), or to the Ethics Commission (elected state and county
employees). Completing the single program will be considered by the
Commission as meeting the Bill's training requirements until a second
program is added.
Summary of Conflict of Interest Law
All current municipal employees must be provided with this summary of the
conflict of interest law. Every municipal employee is required to sign a
written acknowledgment that he has been provided with the summary.
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