Sharon Public Schools Mandated Training 2020 2021 Civil

Sharon Public Schools Mandated Training 2020 -2021 Civil Rights Overview Bullying and Harassment 504/Special Education/Protection from Discrimination Title IX and Sexual Harassment Policies Child Abuse and Neglect Reporting Physical Restraint Mc. Kinney-Vento Homeless Education Policy Student Records

Questions About Training All questions regarding the information within this Power. Point should be directed to Elizabeth Murphy, Assistant Superintendent of Curriculum and Administration via email. Elizabeth will set up individual and/or group meetings with staff who have questions about the content of the training. At the conclusion of this Power. Point please sign electronically indicating that you have received the information about each topic; that you understand the information provided; and that you know who to contact to ask any clarifying questions. 1

Why Provide Online Training? The topics covered in this slideshow are part of the mandated training required by the Department of Elementary and Secondary Education (DESE). All employees are required to participate. This training protects individuals, and the district, and ensures that all employees know their rights and responsibilities. 2

Mandated Training Learning Objectives Participants Will Gain an Understanding of: • Key Civil Rights Laws • Anti-Bullying and Harassment Procedures • 504/Special Education and Protection from Discrimination • Title IX and Sexual Harassment Policies • Child Abuse and Neglect Reporting • Physical Restraint Procedures • Mc. Kinney-Vento Homeless Education Policy • Student Records/Confidentiality /FERPA

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SPS Nondiscrimination Policy The Sharon Public School’s policy of nondiscrimination will extend to students, staff, the general public, and individuals with whom it does business; No person shall be excluded from or discriminated against in admission to a public school of any town or in obtaining the advantages, privileges, and courses of study of such public school on account of age, race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness. 5

Massachusetts General Law Chapter 76: Section 5 No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges, and courses of study of such public school on account of race, color, sex, religion, national origin, pregnancy, or sexual orientation. Severe or pervasive harassment unlawfully denies a student the “advantages and privileges” of school, creating a hostile, humiliating, intimidating, and offensive educational environment. 6

Massachusetts DESE Regulations Active Efforts -- (603 CMR 26: 07) All public schools shall strive to prevent harassment or discrimination and all public schools shall respond promptly to such discrimination or harassment when they have knowledge of its occurrence. The school community and the Superintendent shall provide in-service training for all school personnel at least annually regarding the prevention of discrimination and harassment and the appropriate methods for responding to such discrimination in a school setting. The Superintendent shall promote and direct effective procedures for the full implementation of 603 CMR 26. 00 7

Federal Law Mandates Federal Civil Rights Laws Require Schools to: • Remedy discrimination and harassment. • Regularly notify students, parents, and employees that the District schools do not discriminate on the basis of sex or disability. • Implement and disseminate prompt and equitable complaint procedures for handling allegations of discrimination and harassment. • Designate an employee responsible for coordinating compliance with these federal civil rights laws. 8

SECTION 2 Bullying and Harassment Policy, Procedures, and Reporting 9

Introduction “As leaders and educators in the Sharon Public Schools (SPS), we are committed to providing an educational climate that is conducive to student engagement and learning. There is no place for harassment or bullying within SPS. Such attacks on human dignity are antithetical to the healthy educational, social and emotional growth of our students. ” 10

Priority Statement Regarding Bullying Prevention “The SPS are committed to working with students, staff, families, law enforcement agencies and the community to prevent instances of violence. The school department shall exercise its legal right and responsibility to take action to protect targets, to notify parents and police, to assign consequences including discipline, to any perpetrator. ” 11

Bullying (continued) • On May 3, 2010 an Act Relative to Bullying in Schools (M. G. L. c 71, 370 (b) was signed into law. • This law prohibits bullying and retaliation in all public and private schools and requires schools and school districts to take certain steps to prevent and address bullying incidents. • Every school district in the state must have in place a Bullying prevention and Intervention Plan that includes information about the policies, procedures, curriculum and activities that the district will follow to prevent bullying and retaliation, and how faculty and staff must respond when it occurs. 12

Bullying (continued) • In the original 2010 definition of bullying, ‘student’ was the primary focus within the definition of bullying and that of a perpetrator. • In the summer of 2013 in the Massachusetts State Senate the language defining bullying was amended and now includes reference to school staff in the definition. 13

A Definition of Bullying SECTION 72. Section 37 O of Chapter 71: “Bullying”, the repeated use by one or more students or by a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional 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 target or damage to the target’s property; • Places the target in reasonable fear of harm to himself or herself or of damage to his or her property; • Creates a hostile environment at school for the target; • Infringes on the rights of the target at school; or • Materially and substantially disrupts the education process of the orderly operation of a school. 14

Bullying Defined (continued) • Bullying is not a single incident but a repeated use by one or more students • Bullying occurs when someone, or a group of people, who have more power at the time, deliberately upset or hurt another person on more than one occasion • It can include physical bullying such as hitting, or verbal bullying such as name calling, spreading rumors, making threats, stalking, or making harassing, annoying, or inappropriate electronic communications. • Bullying is NOT a situation where there is mutual conflict – i. e. in situation where a balance of power exists and where people are both upset and are looking for a resolution to a problem. 15

Bullying (continued) A Definition of Perpetrator: “Perpetrator”, a student or a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional who engages in bullying or retaliation. 16

Cyber bullying • Is bullying through the use of technology or any electronic communication; • Cyber-bullying includes, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. 17

Cyber bullying (continued) • Cyber-bullying shall also include: the creation of a web page or blog in which the creator assumes the identity of another person; 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 clauses (i) to (v), inclusive, of the definition of bullying. • Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. 18

Bullying Prevention & Intervention Plan • Consistent with the state law, the SPS has established a Bullying Prevention & Intervention Plan that specifically addresses issues related to bullying and cyber-bullying. • Each district’s plan applies to not only students and members of a school staff but all adults in the school system who have contact with students and staff: The plan shall apply to students and members of a school staff, including, but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to an extracurricular activity and paraprofessionals. 19

Bullying Policies & Procedures • SPS will track bullying behavior referrals to identify repeat referrals • A bullying prevention summary statement will be included in all school student handbooks; • The bullying prevention plan, will be made available to the entire Sharon community including parents/guardians; • Students will be encouraged to report incidents of bullying that they witness 20

Bullying Policies & Procedures(continued) • All staff are required to report and respond when they witness, or come to learn about, incidents of bullying. • Administration and staff need to take steps to protect targets of bullying, • Each school must include a copy of the Incident Reporting Form (IRF) in each student handbook for students, parents or guardians. • The IRF must also be made available in the school’s main office, guidance counselor offices, psychologist offices, the school nurse’s office and other locations determined by the principal or designee. 21

Reporting Bullying by Staff • If you witness, or come to learn about a situation of bullying and/or harassment you must report the incident to an administrator. • All adults employed by the school district are mandated reporters. • Oral reports made by or to a staff member shall be recorded by that staff member in writing. Please use the online reporting system located on the Sharon Public Schools home page. • A school or district staff member, including an educator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional is required to report immediately to the principal or his/her designee any instance of bullying, or conduct that may indicate bullying or retaliation that the staff member becomes aware of or that is witnessed. • The requirement to report to the principal or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school or district policies and procedures for behavior management and discipline. 22

Bullying: Gateway Behaviors • In order to encourage a positive climate and prevent incidents or teasing, all staff members will respond to any ‘gateway behaviors’; • Gateway behaviors include such things as eye-rolling, staring, snickering, secret whispering etc. • When such behaviors are observed staff should indicate their unhappiness with the behavior. • Staff members will also report to the principal (or his or her designee) any incidents of teasing (name calling, inappropriate comments etc. ) or aggressive actions, so that patterns of behavior of an individual may be documented. 23

Bullying: The Investigation Following a Report (taken from h. 71 Section 370) • The school principal or a designee shall promptly conduct an investigation; • If the school principal or a designee determines that bullying or retaliation has occurred, the school principal or designee shall: (i) Notify the local law enforcement agency if the school principal or designee believes that criminal charges may be pursued against a perpetrator; (ii) Take appropriate disciplinary action; (iii) Notify the parents or guardians of a perpetrator; and (iv) Notify the parents or guardians of the victim, and to the extent consistent with state and federal law, notify them of the action taken to prevent any further acts of bullying or retaliation. 24

Bullying: Retaliation against a person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying, shall be prohibited. 25

SECTION 3 504 s, Special Education, and Protection from Discrimination

Federal Law: Section 504 • Part of Rehabilitation Act of 1973 • Applies to recipients of federal funds, including preschools, elementary, & high schools, and postsecondary institutions • Prohibits discrimination against individuals with disabilities & requires that all programs & activities be accessible to everyone • A disability is a mental or physical impairment that substantially limits (very broadly defined) a person's major life activity or bodily function (self-care, walking, seeing, learning, breathing, speaking, working). OR • Has a record of such impairment • Reasonable accommodations/modifications must be made to provide access to programs and/or facilities. 27

What is reasonable? • An Accommodation is considered “unreasonable” if it would “fundamentally alter the nature of the service, program or activity, ” or “impose an undue hardship on the operator of the program. ” (28 CFR §§ 35. 130(b)(7), 41. 53) • A student has no right to participate in school sports as part of right to education. • 504 does not guarantee an individual the exact experience he/she desires, just a fair one.

Section 504 (continued) • When a 504 Accommodation Plan exists for a student, it is the responsibility of all educators who work with that student to provide the accommodations - this is a legal requirement. • Recent case law indicates that educators who do not provide accommodations listed in 504 plans may be personally liable for failing to do so. • No discrimination against a person with a disability will be permitted in any of the programs of the Sharon Public Schools. • Questions about eligibility and enforcement should be directed to the district 504 coordinator. 29

Federal Law: Title II (ADA) Americans with Disabilities Act • Prohibits discrimination against: access to programs and facilities; a free appropriate public education for elementary and secondary students; and employment discrimination. • Applies to special education services, evaluations Individual Education Plans (IEPs), and student discipline. • When an IEP exists for a student, it is the responsibility of all educators who work with that student to provide the accommodations and/or modifications - this is a legal requirement. 30

IDEA: The Individuals with Disabilities Act • In Massachusetts, the special education system is based on federal special education law and the Individuals with Disabilities Education Improvement Act (IDEA, 2004 CFR 300) in concert with the state special education law (MGL c. 71 B 603 CMR 28. 00). • These laws protect students with disabilities who are eligible for special education and guarantees them an Individual Education Program (IEP) to meet their unique needs. • Students must be provided a Free and Appropriate Education (FAPE) that prepares them for further education, employment and independent living. 31

IDEA: The Individuals with Disabilities Act • • “Child Find” is ongoing throughout the school year. Once a child is identified as possibly needing special education and related services, a referral is made to begin the special education evaluation process. Parental consent is required for all evaluations. The team, which consists of parents, special educators, regular educators, the Special Education Team Chair, related service providers, an individual who can interpret the instructional implications of the evaluation results, and the student (when appropriate), meets to decide eligibility, IEP services, and placement. For further information relative to special education procedures, contact your building administrator or the Special Education office. 32

SECTION 4 Title IX and Sexual Harassment Policies 33

Federal Law: Title IX The U. S Department of Education’s Office for Civil Rights (OCR) enforces, among other statues, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. 32

Title IX: Understanding Sexual Harassment • Sexual harassment creates a hostile environment due to inappropriate sexual speech, materials, and/or actions. • Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, and/or any other conduct, physical or verbal, of a sexual nature. • Sexual harassment interferes with school or work performance and creates an intimidating, humiliating, and/or offensive environment. • Sexual harassment issues can involve student-tostudent, student-to-staff, staff-to-student, or staff-tostaff behavior. 33

Title IX: Understanding Sexual Harassment (continued) Sexual harassment may include, but is not limited to: – Unwelcome sexual advances or requests for sexual favors – Inappropriate touching; intentionally impeding movement; verbal comments; gestures; drawn, written, or electronic communication of a sexually derogatory nature; or intimidation based on gender or sexual preference – Continuing to express sexual interest after being informed that the interest is unwelcome (reciprocal attraction between peers is not considered sexual harassment) 34

Title IX: Understanding Sexual Harassment (continued) Sexual harassment may include, but is not limited to: • Subtle pressure or requests for sexual activity • Leering or voyeurism • Displaying sexually suggestive pictures or objects anywhere in the workplace 35

Title IX: Understanding Sexual Harassment (continued) Examples of prohibited activities that may create a hostile school or work environment include: • Vulgar or explicit sexual-related epithets and/or abusive language; • Sexually explicit behavior and/or indecent exposure by students or employees; • Sexual-related graffiti, posters, or calendars. 36

SECTION 5 Reporting Requirements

Reporting Requirements The Assistant Superintendent is the grievance officer for the Sharon Public Schools. He/She is responsible for ensuring enforcement of all prohibitions of discriminatory conduct, all matters of reasonable accommodation of persons with handicapping conditions, and all other matters pertaining to civil rights that may arise in the Sharon Public Schools under Title VI, Title VII, Title IX, Chapter 622, the Americans with Disabilities Act, Section 504, and all other pertinent statutes. 40

Reporting Requirements • • • Any employee or student who believes he/she has been the victim of harassment and/or discrimination should report it to the building administrator or Assistant Superintendent Reports can be submitted electronically through the link on the Sharon Public Schools website Any employee who becomes aware of an incident of harassment or discrimination must promptly report the incident to a building administrator or Civil Rights Compliance Officer. Active investigations will result from the report, as applicable, and may result in sanctions up to suspension or dismissal. If the conduct violates the law, the appropriate authorities will be notified. 37

MA General Laws Section 51 a: Child Abuse and Neglect Reporting • All school personnel are mandated reporters in cases of suspected abuse or neglect of a minor. • If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect of a student, this must be reported as soon as possible to the building principal or member of the student support team, (The student support services team consists of the principal, psychologist, school adjustment counselor, guidance counselor, or nurse) • Once you have reported your concerns to the principal and student support team, they will assist in the report to DCF. • To document your report, please submit the online reporting form found on the Sharon Public Schools website. • The Student Support Services team will follow the reporting requirements of the Department of Children and Families (DCF) and the policy of the Sharon Public Schools. 38

MA General Laws Section 51 a: Child Abuse and Neglect Reporting (continued) • It is not the responsibility of staff to prove that a child has been abused or neglected; a reasonable cause for concern should trigger the process. • As mandated reporters, school personnel who report with reasonable cause are presumed to be acting in good faith and are immune from any civil or criminal liability. 43

SECTION 6 Physical Restraint 44

Overview of Physical Restraint Guidelines & School Personnel Responsibilities The Sharon Public Schools adheres to the policy of the Massachusetts General Education Law: 603 CMR 46. 00 regarding physical restraint. The use of physical restraint occurs only in emergency situations after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution. 45

READ THE REGULATIONS!! Lack of knowledge of the law will not protect you or your students from the consequences of inappropriate actions. TRAINING IS: Annually, For ALL staff and includes: • School restraint policy • Methods of prevention of need for physical restraint • Types of restraint and related safety considerations • Administering restraint in accordance with student’s needs/limitations • Required reporting & documentation • Identification of selected staff to serve as information resource to school

What is Physical Restraint? • Physical Restraint: the use of bodily force to limit a student’s freedom of movement • Not Physical Restraint: “touching or holding a student without the use of force” (includes physical escort, touching to provide instructional assistance and other forms of physical contact that do not include the use of force. • Extended Restraint: duration of physical restraint is more than 20 minutes These restraints may increase the risk of physical injury, therefore require additional written documentation. • Seclusion Restraint: “physically confining a student alone in a room or limited space without access to school staff. DON’T DO IT!!!! 47

Use of Physical Restraint • Physical restraint is used only when non-physical interventions would not be effective and the student’s behavior poses a threat of imminent, serious physical harm to self and/or others. • Physical restraint is NOT used as a means of punishment or as a response to destruction of physical property, disruption of school order or a student’s refusal to comply with a school rule or staff directive. 48

Limitations on Use of Physical Restraint • Only school personnel who have received appropriate training shall administer physical restraint on students. • Whenever possible, the administration of restraint shall be witnessed by at least one adult who does not participate in the restraint. • N. B: These training requirements do not preclude a teacher or employee from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm. • A person administering a physical restraint shall use only the force necessary to protect the student or others from physical injury or harm. • A person administering the restraint shall use the safest method appropriate to the situation. 49

Physical Restraint Safety Requirements • No restraint shall be administered in a manner that prevents a student from breathing or speaking. The student’s physical status must be continuously monitored throughout the restraint (e. g. skin color, respiration, etc. ). If at any time a student demonstrates significant physical distress during a restraint, the student must be released and medical attention obtained. • Restraint shall always be done in a way so as to prevent or minimize physical harm. • A restraint must be released immediately upon the determination that the student is no longer at risk of causing imminent physical harm to self or others. • Program staff need to be aware and take into consideration any known medical or psychological conditions, limitations, etc. of any student who is restrained as well as follow any prescribed intervention plans. 50

Reporting: After a Physical Restraint • Use of physical restraint must be reported to school administration (verbally as soon as possible) and in writing no later than the next school working day. • Notify Parents: The principal or director of the program notifies the parent, verbally as soon as possible and by written report within 3 school working days. • The written report must include minimally the names and titles of the staff administering the restraint, date and times, description of what was occurring just prior, de-escalation techniques attempted, behavior that was determined to be an emergency, description of restraint used, student’s behavior during the restraint and notation of any injury sustained by the student or staff. 51

Inclusionary – Exclusionary Time Out • Inclusionary time-out occurs when the student is removed from full participation in classroom activities but remains within the classroom. • Exclusionary time-out occurs when the student is separated either in a walled-off space within the classroom or in a separate time-out space elsewhere in the building. 52

Exclusionary Time Out • Is used only when students are displaying behaviors that are potentially unsafe or overly disruptive. • Staff members must be physically present with the student. • Any exclusionary time-out greater than 30 minutes must be approved by the principal. • Exclusionary time-out must end when the student is calmed. 53

Your Building Principals will provide an updated list of current staff members who are restraint trained. Remember: Restraint recertification is conducted annually. 54

SECTION 7 Mc. Kinney-Vento Homeless Education and Procedures Sharon Contact: Joan Glasheen 781 -784 -154 55

Mc. Kinney-Vento(continued) Eligibility • A student who has lost permanent residence • A student who has a temporary residence (home/shelter) Enrollment • Unaccompanied youth will be immediately enrolled in school with or without typical documentation, i. e. medical records, proof of residency, school records.

Mc. Kinney-Vento(continued) An unaccompanied youth is: 1. a homeless youth 2. not in the physical custody of a parent, guardian and not in custody of a state agency 3. youths living in: • Runaway shelters • Abandoned buildings • Cars • On the street • Inadequate housing • Denied housing by their families • Left home voluntarily, even if parents want them home • Doubled up with friends or relatives

Mc. Kinney-Vento(continued) • Children/unaccompanied youth have the right to either remain in their school of origin or attend school where they are temporarily residing • Students have the right to remain in their school of origin until the end of the year in which they get permanent housing. • Students enrolled where temporarily residing must be enrolled immediately • If there are no records, the building liaison will assist in retrieving as many records as possible from the previous school system, ensuring there is a permanent file for the next possible transfer.

Mc. Kinney-Vento (continued) All students regardless of housing status have the right to participate in all activities that the school sponsors both before and after school. The district will: 1. ensure enrollment in before/after school activities in all areas of interest. 2. ensure there is no segregation or stigmatization in participation of activities due to a student’s lack of permanent housing 3. will provide transportation if needed to and from after school activities such as sports, 21 st Century Programs, extracurricular clubs, etc. 4. ensure upon request that information is delivered to families in the language of the home. 5. ensure families have access to the PTO for activities they wish to participate in as well as receipt of monthly newsletters for the individual’s school of origin

SECTION 8 Student Records (FERPA)

Student Records • Parents have the right to have access to their children's education records. • Parents have the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. • Emails are considered part of the student record! Be vigilant about your communication – what you say is part of the record once you press send! 61

• Temporary Record – Kept 7 Years After Graduation • Information in the records not contained in the transcript (e. g. , Standardized Test Scores, Extra-Curricular Activities, Special education Records, Evaluations by Teachers, Counselors, Other Staff) • Transcript –Begins at H. S. – Kept 60 Years • Minimum data necessary to reflect student’s educational progress

Non-Custodial Parents Access Allowed UNLESS: • Parent has been denied legal custody or visitation rights • Supervised visitation has been ordered based on a threat to student’s safety • Access to student restricted by temporary or permanent restraining order • A Judge’s order prohibits distribution Documents in student records and Power School will indicate limited or restricted access. 63

Confirmation • Thank you for completing this important training activity! Should you have any questions about anything in this material, please be sure to speak with your building principal or contact Elizabeth Murphy, who coordinates civil rights compliance for the District. • You have one more step. . . 64

Please go to https: //forms. gle/s 9 m. Nzo. NZBVcc 2 Ys 58 to confirm completion of this mandated training. 65