MAINE SCHOOL ADMINISTRATIVE DISTRICT #34
Belfast Belmont Morrill Northport Searsmont Swanville
office of the superintendent – po box 363 – belfast me 04915
Telephone: 207 338-1960 FAX: 207 338-4597
SCHOOL BOARD POLICY MANUAL
Section J: Students
Code |
Description |
Adopted/Revised |
JE |
Student Attendance |
March 23, 1999 |
JEB |
Entrance Age Requirements |
March 23, 1999 |
JFAA |
Admission of Resident Students |
March 23, 1999 |
JFAB |
Admission of Nonresident Students |
March 23, 1999 |
JFABA |
Admission of Post-Graduate Students |
March 23, 1999 |
JFABD |
Admission of Homeless Students |
March 23, 1999 |
JFC |
Dropout Prevention/Student Withdrawal from School |
March 23, 1999 |
JHB |
Truancy |
March 23, 1999 |
JIB |
Student Involvement in Decision-making |
March 23, 1999 |
JICEC |
Student Distribution of Non-School Materials |
April 12, 2005 |
JICH |
Chemical Use/Possession by Students |
March 23, 1999 |
JICI |
Weapons, Violence and School Safety |
February 25, 2003 |
JICK |
Bullying Need to Develop Policy |
|
JIH |
Student Interrogations, Searches and Arrests |
June 22, 1999 |
JIH-E |
Student Search Checklist |
June 22, 1999 |
JIH-R |
Guidelines for Questioning/Searches of Students |
June 22, 1999 |
JJ |
Co-Curricular and Extra-Curricular Eligibility |
June 22, 1999 |
JJE |
Fund-Raising Activities by Students |
March 23, 1999 |
JJI |
Student Athletics |
March 23, 1999 |
JJIA |
Emergency Athletic |
March 28, 2006 |
JJIB |
Athletic Teams |
March 23, 1999 |
JK |
Student Discipline |
March 23, 1999 |
JKB |
Detention of Students |
March 23, 1999 |
JKD |
Suspension of Students |
March 23, 1999 |
JKE |
Expulsion of Students |
March 23, 1999 |
JKE-R |
Expulsion of Students Guidelines |
March 23, 1999 |
JKF |
Suspension/Expulsion of Students w/ Disabilities |
March 23, 1999 |
JKF-R |
Suspension/Expulsion of Students w/ Disabilities Administrative Regulations |
March 23, 1999 |
JKGA |
Time Out Rooms and Therapeutic Restraint |
February 25, 2003 |
JKGA-E |
RESTRAINT INCIDENT REPORT |
|
JKGA-R |
Time Out Rooms and Therapeutic Restraint Administrative Procedures |
February 25, 2003 |
JL |
Student Wellness (included in Policy EF) |
|
JLC |
Student Health Services |
March 23, 1999 |
JLC-E |
Return To Play Form |
March 23, 1999 |
JLCB |
Immunization of Students |
March 23, 1999 |
JLCC |
Communicable/Infectious Diseases |
February 25, 2003 |
JLCCA |
Pediculosis |
March 23, 1999 |
JLCD |
Administering Medicines to Students |
June 26, 2001 |
JLCE |
Student First Aid and Emergency Medical Care |
May 23, 2006 |
JLCF |
Life Threatening Allergy Policy and Procedure |
March 23, 2004 |
JLDBG |
Reintegration of Students from Juvenile Correctional Facilities |
March 23, 2004 |
JLF |
Reporting Child Abuse |
March 23, 1999 |
JLF-E |
Suspected Child Abuse Reporting Form |
March 23, 1999 |
JLIB |
Student Dismissal Precautions |
March 23, 1999 |
JRA |
Student Records |
January 27, 2004 |
JRA-E |
Notification of Rights Under FERPA |
January 27, 2004 |
JRA-R |
Student Education Records and Information Administrative Procedure |
January 27, 2004 |
|
Revised: October 18, 2006 |
|
Section JE STUDENT ATTENDANCE
Under the statutes of the State of Maine, children who are 7 years of age or older and under 17 years of age must attend school during the times it is in regular session. The designee of the Board for the implementation of the requirements of MRSA § 5001-A and 5001-B is the Superintendent of Schools.
The School Board expects students to attend school regularly so they may derive maximum benefit from the instructional program and may develop habits of punctuality, self-discipline and responsibility.
The staff of each school will develop programs to foster the regular attendance and punctuality of all students. The school staff will identify barriers to good attendance and take steps to remove those barriers. The cooperation of parents will be sought in efforts to prevent and to remediate the poor attendance of their children.
Legal References: 20–A~MRSA § 5001-A and B
20–A~MRSA § 5051
Adopted: 1984
Revised: May 27, 1997
Revised: March 23, 1999
Section JEB ENTRANCE AGE REQUIREMENTS
Maine Law requires students to be at least five years old on October 15 of the school year to enroll in school.
Students who meet the minimum legal age requirement should usually be enrolled in Kindergarten. However, MSAD~#34 recognizes that exceptions to this initial placement may be justified under limited circumstances, similar to acceleration of students in Kindergarten through Grade 8. In such rare cases, students may be placed in Grade 1 upon enrollment at the discretion of the Principal in accordance with the following:
Social and emotional maturity should have been demonstrated, such as to predict success in Grade One;
The Principal may require assessments necessary to making a proper determination of placement;
The decision of placement lies with the Principal, appealable to the Superintendent whose decision shall be final;
Any such placement is to be conditioned upon demonstrated success, and reviewed at appropriate intervals; and
All such placements are to be reported to the Superintendent by the Principal.
Legal Reference: 20–A~MRSA § 5201 §§ 2
Adopted: 1984
Revised: May 27, 1997
Revised: March 23, 1999
Section JFAA ADMISSION OF RESIDENT STUDENTS
MSAD # 34 shall admit as students those of legal school age whose parents or guardians legally reside within the District. Adequate proof of residence shall be required. The Board of Directors directs the Superintendent to verify residency through appropriate means for any enrolled student or any family applying for enrollment.
“Residence” shall be considered the primary place where important family activity takes place—the place where the family eats, sleeps, relaxes and plays. It is a place that can be called a “home”. While it is possible for an individual to maintain property and pay taxes in more than one location or community, for purposes of student eligibility for school attendance, “residence” shall mean the primary place where the parent maintains a home.
Guardianship shall be substantiated by a copy of a court order or probated will appointing the resident as guardian of the student. Power of Attorney shall not be recognized as sufficient to establish guardianship for the purposes of student eligibility for attendance in the schools of MSAD #34.
Resident students entering school for the first time shall be admitted upon presentation of an original birth certificate to the principal, along with a record of required inoculations or appropriate waiver, and pertinent health records. Photocopies shall be made and retained in the student’s file.
New resident students who are transferring into the school system shall be admitted on the basis of age, health and academic records received from the previous school. However, original documentation may be required if deemed necessary to appropriately determine a student’s eligibility for enrollment and assignment.
Legal Reference: 20–A~MRSA § 5202; §6001-B
Maine Commissioner of Education Information Letter #26, 12/22/92
Adopted: April 29, 1993
Revised: March 23, 1999
Section JFAB ADMISSION OF NONRESIDENT STUDENTS
MSAD # 34 shall admit as students those of legal school age whose parents or guardians legally reside within the District. Nonresident students may be accepted under any to the following conditions:
Under an agreement with another local school administrative unit, upon payment of the tuition fee set by the Department of Education
Following receipt of a written parental request and formal approval by the Superintendent on a space/program-available basis, upon payment of the tuition fee set by the Department of Education. Reapplication shall be made annually. Behavior, cooperation and suitability of programming shall be considered in the decision to accept the applicant.
A foreign exchange student who is assigned locally and under the auspices of a recognized foreign exchange program may be admitted without the assessment of tuition if there is an appropriate program available.
A student whose family provides evidence of intent to move to the community shortly after a school year begins may be permitted to attend school without tuition with special permission from the Superintendent and agreement of the sending/receiving Superintendent.
A member of the student body who loses legal residence within the District may continue to attend until the end of the ranking period or the school year, whichever comes first. If the Superintendents involved mutually agree, the student may remain as provided by law. Failure on the part of the student to maintain a satisfactory academic and conduct record will allow the Superintendent to revoke this privilege.
Nonresident students may be accepted in specific accordance with Maine statutes relating to the assignment of students for school purposes such as: state wards; those for whom the Superintendent determines it is in the student’s best interest to attend; students placed by state agencies; homeless children of school age; students living at light, fog warning or life stations; temporary residents; and a transfer student when the two Superintendents approve for the student’s best interest.
Legal Reference: 20–A~MRSA § 5203 et seq.
Adopted: April 29, 1993
Revised: March 23, 1999
Section JFABA ADMISSION OF POST-GRADUATE STUDENTS
Post-graduate students will be permitted to attend school for the fifth year, providing approval is recommended by the Principal and approved by the Board of Directors.
Legal Reference: 20–A~MRSA §
Adopted: 1984
Revised: March 23, 1999
Section JFABD ADMISSION OF HOMELESS STUDENTS
The MSAD # 34 Board of Directors recognizes its obligation to provide a free public education to homeless children and youth. In cooperation with the school unit of origin, the school district will provide homeless students with suitable programs that ensure equal access to education and the receipt of services comparable to services offered to other students in the district.
Legal Reference: Title 20-A MRSA §5205-7
Maine Department of Education Rules Chapter 014
Adopted: March 8, 1994
Revised: March 23, 1999
Section JFC DROPOUT PREVENTION-STUDENT WITHDRAWAL FROM SCHOOL
The Board believes that a high school diploma signifies the minimum preparation for life.
Therefore, the Board strongly urges every teacher, guidance counselor, principal, parent, and citizen to exert influence to keep all students in school through high school.
Dropout Prevention Committee
In order to reduce the school dropout rate, the Superintendent shall establish a Dropout Prevention Committee to study the problem of dropouts, habitual truancy, and the need for alternative programs, Kindergarten to grade 12. The committee will meet at least annually, make recommendations for addressing the problem, and submit a plan of action to the Board in accordance with the provisions in Maine law. The committee will consider the following when developing its plan: reasons why students drop out of school; maintenance of continuing contracts with recent dropouts in order to extend opportunities for alternate educational program, counseling, and referral; education of teachers and administrators about the dropout problems; use of human services programs to help dropouts; the Board’s policies on suspension, expulsion,
and other disciplinary action; and discriminatory practices and attitudes within the District.
Committee Membership
As required by law, the Dropout Prevention Committee shall be composed of the following members:
A member of the Board selected by the Board;
A school administrator selected by the Superintendent;
A teacher and a school counselor selected by the teachers’ organization;
A parent selected by the local parent group or by the Board if no such group exists;
A school attendance coordinator from the school system selected by the Superintendent;
A high school student selected by the Dropout Prevention Committee members selected in paragraphs 1 to 5;
A dropout selected by the Dropout Prevention Committee members selected in paragraphs 1 to 5; and
A community resident of the District selected by the Dropout Prevention Committee members selected in paragraphs 1 to 5.
The Board recognizes the importance of success as a motivator and as a factor in a student’s commitment to education. For those students who have been identified as at risk of dropping out, every effort will be made to provide alternative instructional arrangements that take into account both the student’s need for success and the unit’s commitment to adequate minimum standards of achievement.
Student Withdrawal from School
In the event that students do withdraw from school, school administrators shall arrange for regular contacts to be made with them for the purpose of informing them of the process for readmission, making them aware of alternatives in the community for continuing their education and stating the District’s willingness to assist them in their educational efforts.
Legal Reference: 20-A MRSA §§5001-A; 5102-5103
Cross Reference: JEA Compulsory Attendance Ages
Adopted: March 23, 1999
Section JHB TRUANCY
A student is habitually truant if the student has attained the equivalent of 10 full days of non-excused absences or seven consecutive school days of non-excused absences during the school year. The Code of Maine requires the appointment of an attendance coordinator. The Board hereby appoints the principals to serve as attendance coordinators for their respective schools.
A student’s absence is excused when the absence is for the following reasons:
Personal illness;
An appointment with a health professional that must be made during the regular school day;
Observance of a recognized religious holiday when the observance is required during the regular school day;
A family emergency; or
A planned absence for a personal or educational purpose which has been approved by the Principal
If the Principal determines that a student is habitually truant, the Principal shall notify the Superintendent who shall first try to solve the problem informally. If the matter cannot be corrected by the Principal and Superintendent, the Superintendent shall refer the matter to the Board along with a report of interventions that have been tried to rectify the problem. The Board will call a hearing and notify the student’s parents of the hearing according to the provisions in the Maine law. If the Board determines that a student is habitually truant, it shall either instruct the student to attend school as required by Maine law and advise the parents of their responsibility under law to assure the student’s attendance, or waive the requirements of section 5001-A if the student is 15 years of age or older.
Legal Reference: Title 20-A MRSA §5051
Original Policy Adopted: 1984 (JEDA)
Original Policy Revised: February 1, 1993
Policy Replaced: March 23, 1999
Section JIB STUDENT INVOLVEMENT IN DECISION-MAKING
The Board believes that the active involvement of students in their education, including educational planning and evaluation and the fostering of a spirit of inquiry, whereby students may freely express their views and listen to and evaluate the opinions of others, are two factors which are essential to the creation of a stimulating learning climate. Students will be encouraged to attend open School Board meetings and participate in discussions
Adopted: February 23, 1988
Revised: March 23, 1999
Section JICEC STUDENT DISTRIBUTION OF NON-SCHOOL MATERIALS
It is beneficial to the educational mission of the school for students to express their own views concerning a wide variety of topics and issues and share them in an appropriate manner with other students in the school. Students' rights to express their views in the school, however, must be exercised responsibly and with consideration for the special characteristics of the school. The school has a duty to ensure that students' views are expressed in a manner that is consistent with the educational mission of the school.
The following rules shall apply to student distribution of non-school materials on school premises.
A. Distribution Limited to Student Materials
Students may express their views, subject to this policy, through distribution of their own materials. Students shall not be used as a conduit, however, for the dissemination of materials by outside individuals or groups for commercial or other purposes. All materials must meet the guidelines delineated in Section C.
B. Copy for Principal
A copy of the materials shall be provided to the principal at least 2 days before the time distribution is to begin, along with the name of the student or students who are distributing the materials.
The principal shall determine whether the materials comply with the guidelines of this policy and shall consult with the Superintendent and legal counsel if necessary.
The schools' determination that the material complies with the guidelines does not imply approval of its contents by the school, the administrators of the school, the Board of Directors, or the individual reviewing the material submitted. The distributors and authors of the material shall be solely responsible for its contents.
C. Guidelines
Materials distributed on school premises shall not include expression that (see Section F for
definitions)
1. Is obscene, indecent, or vulgar;
2. Is libelous;
3. Advertises any product or service not permitted to minors by law;
4. Contains expressions which may be perceived to injure or harass individuals; (e.g., threats of
violence or harassment based on race, religion, ethnic origin, handicap or gender);
5. May cause a material and substantial disruption of the orderly operation of the school or
school activities, including unlawful acts or violation of Board policies or school rules;
6. May be perceived as sponsored or endorsed by the school;
7. Is deemed inappropriate to the age and emotional maturity of students.
D. Time, Place and Manner of Distribution
Students may distribute materials at any entrance or exit to the school before and after school and
in a location in the cafeteria designated by the principal during all lunch periods. Students shall
not distribute materials in a manner which disrupts any school activity or blocks or impedes the
safe flow of traffic within corridors and entrance ways of the school. No students or staff
members shall be compelled or coerced to accept any materials. Students who distribute materials
shall be responsible for cleaning up materials left on the grounds and within school buildings.
E. Compliance with Policy
Violations of this policy may result in disciplinary action.
F. Policy Definitions
I. Obscene to minors is defined as:
a) The average person, applying contemporary community standards would find that the
written material, taken as a whole appeals to the prurient interest of minors;
b) The material depicts or describes sexual conduct in a manner that is patently offensive to
prevailing standards in the adult community: and/or
c) The material, taken as a whole, lacks serious literary, artistic, political or scientific value
for minors.
2. Minor means any person under the age of 18.
3. Libel is a false written statement about a specific individual that tends to harm the individual's
reputation or lower him/her in the esteem of the community.
4. Distribution means circulation or dissemination of materia1s by means of handing out free
copies, selling or offering copies for sale and accepting donations for copies. It includes
displaying materials in areas of the school which are generally frequented by students.
5. Materials include any form of communication including, but not limited to, writing, printing,
recorded tape, film, video, any digital medium, amplified voice, or displays of symbols for the
purpose of communication or expression.
Cross Reference: KHC- Public Distribution of Non-School Materials
Adopted: October 14, 2004
Revised: April 12, 2005
Section JICH CHEMICAL USE AND/OR POSSESSION BY STUDENTS
The School Board and staff of the Maine School Administrative District # 34 support a safe and healthy learning environment for students which is free of the detrimental effects of drugs and alcohol. Accomplishing this goal requires a cooperative effort among school staff, students, parents, law enforcement and organizations concerned with the use of drugs and alcohol by school-aged youth.
In order to promote the safety, health and well-being of students, the School Board endorses a three-pronged approach to address the issue of drug and alcohol use: prevention/education; intervention and discipline. The Superintendent is responsible for developing appropriate administrative procedures, curricula and programs to implement this policy.
Prohibited Conduct
No student shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage, fortified wine or other intoxicating liquor. Nor shall a student manufacture, distribute, dispense, possess, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, any other controlled substance defined in federal and state laws/regulations, any look-alike substance, or any substance that is represented to be a controlled substance. No student shall use any substance or product, although not necessarily designed to be a drug, such as aerosol products, glue, etc., as a mind-altering substance.
It is not a violation for a student to be in possession of a legally defined drug specifically prescribed for the student's own use by his/her health care professional. If prescribed medication is to be taken by a student at school, the student and parents must notify the school principal, who will inform appropriate school staff.
These prohibitions apply to any student who is on school property, who is in attendance at school or at any school sponsored activity or whose conduct at any time or place directly interferes with the operations, discipline or general welfare of the school.
Disciplinary Action
Any staff member who has reasonable basis to suspect any student of possession, use or selling to another student of a prohibited substance has the responsibility to:
Take whatever immediate action that may be necessary to secure the health and safety of the involved student(s);
Report the case immediately to the proper administrator
Principals may suspend and/or recommend expulsion of students who violate this policy, based upon the facts of each case and in accordance with established disciplinary procedures. Students may also be referred to law enforcement authorities for investigation and/or prosecution.
Chemical Use and/or Possession by Students, Page Two
Prevention/Education
MSAD # 34 will provide students with appropriate information and activities focused on educating students about drugs and alcohol and preventing their use. Programs shall teach students that the use of drugs and alcohol is wrong and harmful; how to resist peer pressure; and address the legal, social and health consequences of drug and alcohol abuse.
Intervention
MSAD # 34 will establish a team approach to intervene with students with drug/alcohol problems. Schools will establish a Student Assistance Team It will be composed of individuals with multi-disciplinary functions. Members will ideally include an administrator, the student's guidance counselor, a chemical health specialist, school nurse, at least one of the student's teachers and others, as deemed appropriate. One person shall be designated as the student's case manager and will be responsible for the monitoring of the student's progress and reporting back to the team. The Student Assistance Team is called upon to review the non-clinical assessment (an interview done with a student to open up discussion of a chemical health problem) and to make recommendations concerning cases of students with chemical health
problems. The team will have responsibility for case decisions.
Students will be assisted in addressing their drug/alcohol problems and in continuing their educational program. Students will be provided with information and referral, if necessary, to aid them in obtaining assistance from appropriate community organizations. Student records concerning such interventions shall be kept confidential as required by state and federal laws.
Any staff member who is approached by a student who is seeking help is expected to maintain the confidentiality of the student and to refer him/her to a member of the Student Assistance Team. A staff member may respond to a student seeking help with a chemical dependency or abuse problem without being compelled to use the information in a disciplinary manner.
All staff members should be aware of the distinction between those who are violating school rules (disciplinary action) and those who are seeking help (voluntary).
The information in this policy shall be distributed to staff, students and parents on an annual basis through handbooks and/or other means selected by the Superintendent and building principals.
GUIDELINES FOR ADMINISTRATIVE PROCEDURES
If a student’s involvement with drugs/alcohol creates a medical emergency, the student will be referred for immediate medical attention. School officials will follow up with appropriate disciplinary action upon the student’s return to school.
If the student violates the chemical use policy while on an athletic or school interscholastic team or in an organized school activity, an additional disciplinary action will be taken by suspending the student from participation in or attendance at all school activities for two weeks. If there is a
Chemical Use and/or Possession by Students, Page Three
second offense, the student will be suspended from the team or activity for the remainder to the school year.
Disciplinary Action for Possession/Use of a Prohibited Chemical Substance
First Offense
Verification and confiscation of substance
Administrator meets with student
Notification of Parent/Guardian and Police (if appropriate)
Restricted school day and/or in-school suspension (1-2 days)
Appointment with chemical abuse counselor or Student Assistance Team member
Follow-up on recommendation of counselor/SAT member
Second Offense
Verification and confiscation of substance
Administrator meets with student
Notification of Parent/Guardian
Notification of Superintendent and Police
Out of School Suspension of student (2-10 days) with possible recommendation for expulsion
Appointment with chemical abuse counselor or Student Assistance Team member to develop a contract and follow-up plan
Follow-up on contract and plan
For a second offense for an elementary student, a referral should be made to the Department of Human Services Child Protective Services
Third Offense
Numbers 1 through 5 above and recommendation to parents that student be referred for clinical evaluation of the problem at their expense.
Disciplinary Action for Furnishing/Selling Prohibited Chemical Substances
First Offense
Confiscate substance and send for verification
Administrator meets with student
Notification of Parent/Guardian and Superintendent
Notification of Police
Out of school suspension for 5-10 days with possible recommendation for expulsion
Recommend to Parent/Guardian that student be referred for clinical evaluation at their expense.
For elementary students, steps 4, 5, and 6 are at the discretion of the Principal.
Chemical Use and/or Possession by Students, Page Four
Second Offense
Numbers 1 through 4 above and out of school suspension for 10 days with
a recommendation for expulsion
Legal Reference: 21 USC § 812 (Controlled Substances Act)
21 CFR Part 1300.11-15
Public Law No. 101-226 (Drug-Free Schools and Communities Act Amendments of 1989)
17-A MRSA § 1101
42 USC § 290dd-2
42 CFR § 2.1 et seq.
20-A MRSA §§ 1001 (9); 4008
Cross Reference: GBEC, Drug-Free Workplace
JICI, Weapons, Violence and School Safety
JKD, Suspension of Students
JKE, Expulsion of Students
JLCD, Administering Medication to Students
JRA, Student Records
Adopted: August 8, 1988
Revised: January20, 1993
Revised: March 23, 1999
Section JICI WEAPONS, VIOLENCE AND SCHOOL SAFETY
The School Board believes that students and staff are entitled to learn and work in a school environment free of violence, threats and disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.
School staff are required to immediately report incidents of prohibited conduct by students to the building administrator/designee [local units should designate appropriate personnel] for investigation and appropriate action.
Prohibited Conduct
Students are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school:
A. Possession and/or use of articles commonly used or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, cross-bows, brass knuckles, switchblades, knives, chains, clubs, Kung Fu stars, nunchucks, and boxcutters.
B. Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort and replicas of weapons (including toys);
C. Violent or threatening behavior, including but not limited to fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats);
D. Verbal or written statements (including those made on or through a computer) which threaten, intimidate, or harass others, which tend to incite violence and/or disrupt the school program;
E. Willful and malicious damage to school or personal property;
F. Stealing or attempting to steal school or personal property;
G. Lewd, indecent or obscene acts or expressions of any kind;
H. Violations of the school unit's drug/alcohol and tobacco policies;
I. Violations of state or federal laws; and
J. Any other conduct that may be harmful to persons or property .
Disciplinary Action
Principals may suspend and/or recommend expulsion of students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws. Conduct
which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA
§1001(9 and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing and trafficking of scheduled drugs. Students who are found to have brought a firearm to school (as defined by federal law), shall be expelled for a period of not less than one year, unless this requirement is modified by the Superintendent on a case-by-case basis.
All firearms violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent.
Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF.
Psychological Evaluation/Risk Assessment
The Board authorizes the Superintendent to request an immediate psychological evaluation of a student who violates this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school.
The Superintendent is also authorized to request psychological evaluations of students who have been identified as posing a substantial risk of violent behavior.
All such evaluations shall be performed at MSAD #34’s expense.
If the parents/guardians and/or student refuse to permit a requested psychological evaluation, the Superintendent and the Board may draw any reasonable inferences from the student's behavior concerning the risk the student poses to school safety for purposes of determining appropriate action.]
Legal References: 20 USCA § 8921 (Gun-Free Schools Act of 1994)
5 MRSA § 4681 et seq.
17-A MRSA §§ 2(9); 2(12-A)
20-A MRSA §§ 1001(9); 1001(9-A); 6552
Cross References: ACAA -Harassment and Sexual Harassment of Students
ADC -Tobacco Use and Possession
EBCA -Crisis Response Plan
JICH -Drug and Alcohol Use by Students
JK -Student Discipline
JKD -Suspension of Students
JKE -Expulsion of Students
JKF -Suspension/Expulsion of Students with Disabilities
JIH -Questioning and Searches of Students
KLG -Relations with Law Enforcement Authorities
Rev. February 25, 2003
Section JIH STUDENT INTERROGATIONS, SEARCHES AND ARRESTS
The School Board seeks to maintain a safe and orderly environment in the schools. School Administrators are authorized to question and/or search students in accordance with this policy and accompanying administrative procedures.
Students may not bring, possess or store at school any items or substances which are prohibited by law, Board policies and/or school rules, or which interfere with the operations, discipline or general welfare of the school.
All school property is held in public trust by the School Board. A search of school property, including but not limited to school lockers, may be made at the discretion of the Superintendent or Principal. Lockers are school property and are subject to random searches by school officials. Students will have prior notice that lockers and other storage facilities made available to them for temporary storage of their personal possessions remain under the control of the school administration and that the school administration has the right to search lockers, desks, and other storage facilities for items which violate law, school policies and regulations, or which may be harmful to the school or its students. They will be informed that lockers and other storage facilities are subject to random searches by
school officials.
The student has exclusive control over property in his/her immediate possession as far as other students are concerned; but such possession may not be exclusive as far as the school and its officials are concerned. When a reasonable suspicion arises that use or possession of a pupil's property is illegal, illicit, disruptive, or a danger to the general welfare of pupils and staff, a search may be made of the pupil's personal property. The local law enforcement will be notified when any illegal property is discovered
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school authority has reasonable suspicion to believe that illegal, unauthorized or contraband items are contained inside.
Only the Principal, Assistant Principal or other person specifically designated by the Superintendent shall be responsible for determining whether or not a search shall be conducted of a pupil's personal property. When deemed appropriate, the Administrator should consider the proper involvement of the parent/guardian. The following are the guidelines for the conduct of a search:
The pupil shall be present during a search of property in his/her immediate possession.
A second staff member shall be present during a search of a pupil's personal property.
The search shall be conducted as discretely as possible and in private.
Those items considered to be illegal, illicit, disruptive, or a general nuisance to the educational process may be seized by staff. Storage, return, or destruction of such items shall be at the discretion of the principal, subject only to legal impoundment.
The seizure or confiscation of items located in property in a pupil's immediate possession and/or on a pupil's person shall be accomplished in the following manner:
The seizure shall be witnessed by the pupil and a second staff member
Each and every item seized must be identified and not commingled with other items previously or subsequently seized.
A receipt shall be issued to the pupil or lawful custodian(s) of the pupil from whom the item(s) was (were) seized.
The Principal shall prepare a summary report identifying the item(s) confiscated. The report should include the facts upon which reasonable suspicion was based, where the search occurred, the reason for the seizure, who was present, time, and the disposition of item(s).
A copy of the summary report shall be given to the pupil and/or lawful custodian(s) of the pupil and to the Superintendent of Schools.
When drugs or drug paraphernalia are found, the Chemical Use and/or Possession by Students Policy (JFCI) should be implemented.
Anyone wishing to interrogate a student on school property must obtain permission from the Principal or designee. A student may be interviewed by persons investigating child abuse or neglect (including police officers and Department of Human Services Personnel) without the consent of and outside the presence of a parent, guardian or school personnel upon written certification from DHS that:
The interviewer of the child is an authorized representative of the Department of Human Services;
There are reasonable grounds to believe that prior notice to the child’s parent/ guardian would increase the threat of serious harm to the child or another person;
The interview of the child at school during school hours is necessary to carry out the Department’s duties under Maine law.
For other matters, a student will not be interrogated on school property by law enforcement officers unless permission of the parent is obtained. If the authorities are unable to reach a parent or guardian and obtain permission to question the student, the police may take the child into custody and the questioning is to be done off school property. In such a circumstance, the police must sign a statement that they are taking the child into custody and the school no longer has custody of the child.
Adopted: 1984.
Revised: June 17, 1992
February 1, 1993
June 22, 1999
Section JIH-E STUDENT SEARCH CHECKLIST
This checklist is to be completed for each individualized student search incident as soon as possible after the search.
Name/Title of Person Performing Search and Completing Form:__________________________
_____________________________________________________________________________
Date: ______________________
Who was searched? __________________________________________________________
Date, time and location of search ____________________________________________
What factors caused you to have a reasonable suspicion that a search of this student or the student’s possessions would provide evidence that the student has violated or is violating the law, Board policies or school rules?
____________________________________________________________________________________________________________________________________________
______________________________________________________________________
____________________________________________________________________________________________________________________________________________
______________________________________________________________________
Was student’s consent requested? _______________ Given? ______________________
[Consent is not required for search to be conducted]
What was searched (i.e., person, personal belongings, storage facilities)?
______________________________________________________________________
______________________________________________________________________
Witness(es) to search _____________________________________________________
______________________________________________________________________
What did the search yield? _________________________________________________
What evidence was seized? _____________________________________________
Was receipt issued for seized items? ______________________________________
Were police notified? _____________________________________________________
Was any evidence released to police? ________________________________________
Who witnessed the search? _____________________________________________
Were parents notified of the search, including the reasons and the scope?
______________________________________________________________________
If yes, how were they notified? __________________________________________
B. If not, why not? ______________________________________________________
Other relevant facts (if any) _______________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Signature of Person Performing Search and Completing Form:
_________________________________ ________________________________
Signature Date
NOTE: IF SEARCH RESULTED IN SCHOOL DISCIPLINARY ACTION AND/OR
REFERRAL TO LAW ENFORCEMENT, THIS FORM SHOULD BE
RETAINED IN STUDENT’S FILE.
IF SEARCH DID NOT RESULT IN DISCIPLINARY ACTION, THIS FORM
SHOULD BE RETAINED IN SEPARATE FILE IN SCHOOL OR
SUPERINTENDENT’S OFFICE.
Adopted: June 22, 1999
Section JIH-R STUDENT INTERROGATIONS, SEARCHES AND ARRESTS
GUIDELINES FOR QUESTIONING AND SEARCHES OF STUDENTS
The purpose of these guidelines is to provide guidance to Administrators who may be questioning or searching students. These are guidelines only and may be adjusted within reasonable and lawful limits on a case-by-case basis.
Questioning by School Administrators
School Administrators are under no obligation to notify a student’s parent/guardian prior to questioning a student regarding alleged violations of Board policies, school rules and/or federal/state laws.
School Administrators shall inform the student of the reasons for the questioning and provide an opportunity for the student to respond to any allegations. The Administrators shall make a reasonable effort to question the student in a location out of the sight and hearing of other students.
If a student fails to cooperate, lies, misleads, or threatens any person during questioning, he/she may be subject to additional disciplinary action.
Searches of Students and/or Personal Property in Students’ Immediate Possession
The Administrators are authorized to search students and/or personal property in the students’ immediate possession when, in their judgement, there are reasonable grounds to suspect that a student has violated or is violating the Board policies, school rules and/or federal/state laws.
All searches of students and/or personal property shall be authorized and conducted by a principal, assistant principal, or other person specifically designated by the Superintendent, in the presence of a witness except where the circumstances render the presence of a witness impractical.
Searches should be reasonably related to the suspected violation and no more intrusive than necessary to discover the evidence for which the search was instigated. Searches may include the student’s outer clothing (e.g., pockets, jacket, shoes, hat) and personal belongings (e.g., purse, backpack, gym bag, lunch bag). If the search discloses evidence, a broader search may be justified.
Searches that disclose evidence that a student has violated Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
The Principal or Superintendent is required to document all searches and items seized/impounded on the Student Search Form or by another reasonable method.
Searches of Lockers, Desks and Other School Facilities
School staff, students and parents shall be informed of this policy/procedure on an annual basis.
The principal or superintendent shall consult with the Superintendent prior to conducting random searches.
Searches of individual student lockers, desks or other storage facilities and their contents based upon reasonable suspicion will be conducted in the presence of the student and a witness, if practical under the circumstances of the search.
Searches which disclose evidence that a student has violated Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
The Principal or Superintendent is required to document all searches and items seized/impounded on the Student Search Form or by another reasonable method.
Patrolling of Parking Lots
Students may drive vehicles to school and park in designated areas in accordance with school rules. The Principal or Superintendent retains the authority to patrol parking lots.
If the Principal or Superintendent has a reasonable suspicion that a vehicle which a student has parked at school contains evidence that the student has or is violating a federal/state law and/or there is a substantial threat to the welfare and safety of the schools, the vehicle may be searched and law enforcement authorities may be requested to render assistance.
Involvement of Law Enforcement Authorities
The Principal or Superintendent has the discretion to request the assistance of law enforcement authorities in accordance with Board policy.
Cross Reference: JIH-E – Student Search Checklist
KLG — Relations with Law Enforcement Authorities
Adopted: June 22, 1999
Section JJ CO-CURRICULAR AND EXTRA-CURRICULAR ELIGIBILITY
High School
In order to participate in co-curricular and extra-curricular activities at the high school, students must carry a course load of six full-time courses or, in cases where the student is on track to graduate, five full-time courses.
Students must pass six full-time courses or, in cases where the student is on track to graduate, five full-time courses in the previous quarter to the sports season for athletics and the previous quarter for other activities.
Fall Sports Eligibility based upon the preceding 4th quarter grades
Winter Sports Eligibility based upon the 1st quarter grades
Spring Sports Eligibility based upon the 3rd quarter grades
For students taking six full-time courses, if a student passes only five full-time courses, he/she is placed on Academic Monitoring. The conditions of Academic Monitoring are as follows.
May participate in co-curricular and extra-curricular activities
After five weeks, if the student is not passing six subjects, the student will be removed from the activity for the remainder of the quarter
If a student passes only four full-time courses, he/she is placed on Academic Probation. The conditions of Academic Probation are as follows.
May participate in co-curricular and extra-curricular activities
After three weeks, if the student is passing at least five (5) courses, he/she will be placed on Academic Monitoring
After two additional weeks, if the student is not passing six subjects (five if only carrying five), he/she is removed from the activity for the remainder of the quarter.
The following are exceptions:
When a report card comes out during the athletic season, an eligible student-athlete may be declared ineligible if he/she does not meet MPA eligibility standards.
For Spring sports, students may try out for athletics regardless of 2nd quarter academic status.
If the student passes only three, or less, full-time courses, he/she is ineligible for participation in sports for the entire season
Middle School
In order to participate in co-curricular and extra-curricular activities at the middle school, students must carry a course load of five full-time courses.
Students must pass five full-time courses in the previous term to the sports season for athletics and the previous term for other activities.
Fall Sports Eligibility based upon the preceding 4th term grades
Winter Sports Eligibility based upon the 1st term grade
Spring Sports Eligibility based upon the 3rd term grades
If a student passes only four full-time courses, he/she is placed on Academic Monitoring. The conditions of Academic Monitoring are as follows.
May participate in co-curricular activities
After three weeks, if the student is not passing five subjects, the student will be removed from the activity for the remainder of the term.
If a student passes only three full-time courses, he/she is placed on Academic Probation. The conditions of Academic Probation are as follows.
May tryout/practice in co-curricular activities
May not participate in co-curricular events (i.e., games, performances, club activities, etc.)
After two weeks, if the student is passing at least four (4) courses, he/she will be placed on Academic Monitoring
After three weeks, if the student is not passing five subjects, he/she is removed from the activity for the remainder of the term.
The following are exceptions:
When a report card comes out during the athletic season, an eligible student-athlete may be declared ineligible if he/she does not meet MPA eligibility standards.
For Spring sports, students may try out for athletics regardless of 2nd term academic status.
Adopted: January 8, 1991
Revised: March 23, 1999
Revised: June 22, 1999
Revised: January 9, 2001
Section JJE FUND RAISING ACTIVITIES BY STUDENTS
In all activities of the school district, maintaining the safety of students is of foremost importance. For school-related groups, fund raising activities by students will be implemented only after careful consideration has been made of the effects of the activities on the students’ safety and well being. Additionally, it will be assured that the activities do not impact on instructional time.
The principal prior to the beginning of the campaign must approve all fund-raising activities (including the procedures and any printed material).
Elementary school students are prohibited from soliciting contributions, pledges, or the sale of any items door-to-door.
Middle school students may solicit contributions, pledges, or the sale of any items door-to-door only in group situations with accompanying adult supervision.
Adopted: 1984
Revised: March 23, 1999
Section JJI STUDENT ATHLETICS
The Board of Directors of MSAD # 34 believes that the athletic program contributes much to the all-around development of the participant. The program is designed to aid in the physical, social, moral, and emotional development of the student. Athletics should offer an enjoyable way to learn teamwork, sportsmanship, leadership, cooperation and loyalty to one another, as well as to the school and community. Athletics also offer the opportunity to become good competitors, to give the game one’s best, to always play by the rules, and to take defeat without bitterness and victory graciously.
Athletics are an important part of the educational process of MSAD #34. The athletic program shall be governed by standards that ensure the objectives and philosophy of education for this district are maintained. The student athlete shall understand that it is a privilege and not a right to participate in the school athletic program. The athlete must remember that he or she is representing family, school, and community, both on and off the athletic courts and fields. It is the expectation of the Board that the student athlete will:
Treat officials and opponents with the respect due any guests.
Accept victory modestly, defeat gracefully, and never quit.
Control emotions at all times and never argue with officials.
Accept decisions as they are made and abide by them.
Never swear, cheat, bet or grandstand.
Keep physically fit, mentally alert, and observe all training rules.
Use the athlete’s influence on and off the field or court to develop good spectator sportsmanship.
The Board further adopts the following rules to govern the athletic program.
No student shall participate in athletics at Belfast Area High School or Troy Howard Middle School unless the student is willing to…
Attend all practice sessions unless ill or excused by the coach
Abstain from the use of tobacco, alcoholic beverages and illicit drugs
Observe such rules as may be made by the coach.
.
Team members violating training rules involving tobacco, drinking or possession or use of intoxicating beverages or illicit drugs shall be subject to the sanctions of policy JICH.
Team members suspended from school because of truancy or for disciplinary reasons will not be permitted to participate in practice or games during the time of suspension. A second offense within the same season will result in dismissal from the team for the remainder of that season.
If an athlete becomes involved with the law and is cited to court for disciplinary action, the athlete may be suspended from participation in sports until the sentence of the court has been satisfied.
Athletes are financially responsible for all school equipment furnished them. Students will not be allowed to try-out for athletic teams or activities, nor will they receive their awards, if they have not returned all school-issued equipment or reimbursed the school for lost items. Athletes are to dress in school uniforms when representing their school in a contest. No equipment shall be taken without the consent of a coach or equipment manager. Violation of this rule may result in suspension from the sport affected.
Players are to travel as a team to and from all away athletic contests except in an emergency such as illness or injury. Athletes are not allowed to return home with other students. Parent permission may be accepted in special cases.
No player with an excuse from taking part in physical education classes will be permitted to participate in athletics during that time period. Members of all athletic teams may be excused from active participation in physical education on any given day if the student seeks permission and it is granted by the instructor before the class; however, the student must attend class.
Students having school insurance must report all injuries requiring medical attention to the school office the day following the injury. Failure to do so could forfeit insurance coverage.
Players must notify the coach before the end of the school day if lateness or absence is anticipated for practice session. Failure to comply with this rule could result in suspension. The suspension period will be determined by the individual coach.
Players absent from school any part of the day of a game or from practice the day before a game, shall not participate without the excuse of a parent or physician and approval of the principal.
Obscene language shall not be tolerated and use of obscene language may result in suspension from participation.
Teams members will be well-groomed. On school sponsored trips, players are expected to dress appropriately. Players will be briefed as to dress by the coach.
In all sports, in practice as well as in games, players shall adhere to the spirit of the rules as well as the written rules.
Team managers shall be considered as squad members and shall meet the same requirements for conduct as the athletes. They will perform the duties as outlined and shall be expected to be more than just spectators.
An athlete is not eligible to participate in any sport until the following items have been completed:
Signed and dated parent permission form
Physical examination
Furnished evidence of medical insurance
Evidence of satisfaction of all academic eligibility requirements
When an athlete has broken any rule under this code, the following procedure shall be followed:
All coaches shall notify the athletic director of infractions.
All violations shall be investigated based on first-hand knowledge that a rule of conduct has been broken.
If the athletic director determines that a hearing should be held, the athletic director will notify the student and the student’s parents or guardian of the allegation.
The athletic director shall arrange for a hearing on the allegation at which time the principal, athletic director, coach, and the person making the allegation shall be present. The athlete and athlete’s parents or guardian shall have the right to be present at this hearing.
The principal will record the results of the hearing and notify the parents or guardian in writing of the decision.
Any decision made as a result of the hearing can be appealed to the Board of Directors through the Superintendent of Schools who will place the appeal on the agenda of the next regularly scheduled meeting of the MSAD~#34 Board of Directors.
Any penalty imposed shall not take effect until the above procedures have been completed, or a decision is agreed upon by the parties involved; however, a student may be temporarily suspended from the program by the coach, the athletic director, or the principal.
Adopted: March 23, 1999
Section JJIA EMERGENCY ATHLETIC POLICY
The Board of Directors of MSAD #34 recognizes that participation in athletics carries with it the inherent risk of serious injury and even death. This Emergency Athletic Policy has been adopted so that MSAD #34 is prepared to provide an appropriate level of response when emergencies do occur during athletic events.
A. Responsibility for Implementing the Emergency Athletic Policy
The high school athletic director is responsible for implementing this policy, for reviewing the effectiveness of the policy, for reviewing the effectiveness of the policy on an annual basis (or whenever the policy is utilized), and recommending any needed changes to the policy. The athletic director is authorized to develop additional sport and/or site-specific emergency procedures, which must be approved by the Superintendent.
B. Emergency Policy Training
The athletic director shall schedule appropriate inservice training on the emergency policy for all coaches, athletic trainers, and other appropriate staff each school year. This training is mandatory. Documentation of training shall be maintained by the athletic director.
Copies of the emergency policy will be provided to all personnel and will be posted or otherwise available at each athletic site.
C. Coordination with School and Outside Medical Service Providers
The athletic director is responsible for reviewing the Athletic Emergency Policy with the school physician, school nurses, and area emergency medical service providers on at least an annual basis. The athletic director is also responsible for ensuring that there is adequate access for emergency medical vehicles and equipment at home athletic sites.
D. Emergency Medical Facilities/Transport
All parents are required to complete an Emergency Form each year that gives MSAD #34 permission to take appropriate action for the safety and welfare of their child, including transport to the nearest emergency facility if necessary. In general, students will be transported to Waldo County General Hospital, unless another facility is closer to where the student is injured or becomes ill. MSAD #34 has immediate access to EMS through the 911 emergency calling system.
E. Student Emergency/Medical Information
Coaches are responsible for ensuring that they have copies of each student-athlete’s emergency information and any necessary medical information.
F. Emergency Equipment
·Automatic External Defibrillator (AED). MSAD #34 has an AED unit available and maintains a separate AED protocol for its care and use. All medical and athletic personnel are required to review and comply with this protocol, and know the location of the AED.
·First Aid Kit. A complete first aid kit will be available on site at each athletic event.
·Communication Equipment. Appropriate communications equipment will be available at each athletic event. Such equipment might include the school's telephone system, a two-way communication system and/or cell phones, depending on the location of the site.
G. Protocol at Home Athletic Events
1. The Athletic Director, an athletic trainer, or other designated administrator or staff
member will be on site for all home athletic events.
2. The coach is responsible for ensuring that appropriate communications equipment and a
first aid kit are immediately available.
3. The coach will have emergency numbers, this emergency policy, any specific emergency
protocols for the individual sport/site, and emergency/medical information for each
student-athlete.
4. If a medical emergency occurs, the coach is responsible for ensuring that the athletic
director and any other appropriate school staff are informed.
5. The coach is responsible for completing any required paperwork after a student injury or
illness occurs.
H. Protocol at Away Athletic Events
It is understood that emergency planning for events held at other schools or sites are the primary responsibility of persons at that site. MSAD #34 staff have the following responsibilities at away sites.
1. The athletic director is responsible for communicating with the athletic director or other
person responsible for emergency planning at the site.
2. The athletic director is responsible for ensuring that MSAD #34 coaches are informed of
all emergency protocols for the away site.
3. Coaches are responsible for bringing a first aid kit, appropriate communications devices
and current student-athlete emergency information to away sites.
4. If a medical emergency occurs, the coach is responsible for ensuring that the athletic
director and any other appropriate school staff are informed.
5. The coach is responsible for completing any required paperwork after a student injury or
illness occurs.
I. Review of Policy Following an Emergency
Following any emergency involving a student at an athletic event, the athletic director is responsible for reviewing the situation with involved staff and emergency services providers and medical providers. If it is determined that changes to the policy may be warranted, the athletic director will inform the superintendent. The superintendent is responsible for informing the Board about the suggested changes. The Board will consult with appropriate staff, medical providers and/or others as necessary and decide whether to revise the policy.
Cross Reference: Student First Aid and Emergency Medical Care Policy (JLCE)
Adopted: March 28, 2006
Section JJIB ATHLETIC TEAMS
In the event of two consecutive seasons of low enrollment on an athletic team, the program may be dropped by the principal, after consultation with coaches and activity coordinator/athletic director, effective the following season.
Upon the recommendation of the Superintendent, the Board will consider the approval of the formation of a club to accommodate student participation in a particular sport. If the club is organized and fully functional at the end of two years, upon the recommendation of the Superintendent, the Board may grant team status.
Adopted: June 8, 1993 as Policy IHBA
Revised: February 25, 1997
Revised: March 23, 1999
Section JK STUDENT DISCIPLINE
It is essential for schools to maintain a safe and orderly environment which supports student learning and achievement. Good discipline allows the schools to discharge their primary responsibilities to educate students and promote good citizenship. All students are expected to conduct themselves with respect for others and in accordance with School Board policies, school rules, and applicable state and federal laws. Disciplinary action may be taken against students who violate policies, rules, or laws, and/or whose conduct directly interferes with the operations, discipline or general welfare of the school.
The Board expects the following principles to guide the development and implementation of school rules and disciplinary procedures:
Discipline should emphasize positive reinforcement for appropriate behavior, as well as appropriate consequences for misbehavior. The focus should be on providing a school environment where students are engaged in constructive learning and interactions with others.
Expectations for student behavior should be clear and communicated to school staff, students and parents.
Consequences for misbehavior should be in proportion to the offense, fair and consistently enforced.
All students must be afforded appropriate due process procedures.
Parents should be actively involved in the process of preventing and resolving disciplinary problems at school.
No teacher, principal, or other person employed by the School Board or working in a volunteer capacity will subject a student or knowingly permit a student to be subjected to corporal punishment. Corporal punishment means the infliction of or causing the infliction of physical pain on a student as a means of discipline. This definition will not include physical pain or discomfort caused by participation in practice or competition in an interscholastic sport or participation in physical education or an extracurricular activity.
This prohibition of corporal punishment does not prevent the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control; the use of reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property; the use of reasonable and necessary force to prevent a student from inflicting physical harm on him/herself; or the use of reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the person of the student or within his/her control.
Teachers are authorized to make and enforce rules for effective classroom management and to foster appropriate student behavior, subject to the direction and approval by the Principal/designee.
School-wide rules shall be developed by the building principal with appropriate input from school staff, students and parents and subject to approval by the Superintendent. Principals shall provide for the suspension or other serious disciplinary action against students in accordance with Board policies, administrative procedures and Maine law.
Legal Reference: 17-A MRSA §106
20-A MRSA §4009
Ch. 125.23, B, 5, 1 (Maine Dept. of Ed. Rule)
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACSS – Student Harassment and Sexual Harassment
JICIA – Weapons, Violence and School Safety
JKB – Student Detention
JKD – Suspension of Students
JKE – Expulsion of Students
JKF – Suspension/Expulsion of Students with Disabilities
Adopted: March 23, 1999
Section JKB DETENTION OF STUDENTS
Teachers and administrators have the authority to detain students after school hours for infractions of classroom or school rules. Before assigning students to detention, the administrator/teacher will inform the student of the reason for the detention and the student will be given an opportunity to explain his/her version fo the incident. Teachers/ administrators have the discretion to substitute alternative discipline in cases where they deem detention inappropriate.
The student’s parent/guardian will be informed of the reason for the detention and requested to make arrangements for the student’s transportation following the detention. Except in the case of a student who is 18 years of age or older, the detention will not begin until the parent/guardian has been notified.
All student detained for disciplinary purposes will be under the direct supervision of a member of the professional staff or other person designated by the building administrator. Students in detention are expected to use the time constructively to complete school assignments or for other educational purposes. Students who fail to serve a scheduled detention may be subject to additional disciplinary measures.
Cross Reference: Policy JK, Student Discipline
Adopted: March 23, 1999
Section JKD SUSPENSION OF STUDENTS
The School Board delegates to the principals the authority to suspend disobedient and disorderly students for a period not to exceed ten (10) school days. Suspensions longer than 10 days may be imposed by the Board.
Prior to the suspension, except as hereinafter provided:
The student shall be given oral or written notice of the charge(s) against him/her;
The student shall be given an explanation of the evidence forming the basis for the charge(s); and
The student shall be given an opportunity to present his/her version of the incident.
The exception to the above is reserved for those students whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the instructional process. Such students may be removed immediately from school. In such cases, the notice of charges, explanation of evidence, and the student’s opportunity to present his/her version of the incident shall be arranged as soon as practicable after removal of the student from school.
The student’s parent/guardian shall be notified of the suspension as soon as practicable by telephone (if possible) and by written notice sent by mail. A copy of the notice shall also be sent to the Office of the Superintendent.
The parent/guardian and the student shall be required to schedule a conference with the building administrator/designee within the suspension period and prior to re-admittance to school.
Students shall be responsible for any school work missed during their suspension. After re-admittance, they shall be permitted to take tests, quizzes or any other form of evaluation affecting their grades.
Legal Reference: 20-A MRSA § 1001 (9)
Cross Reference: Policy JICI, Weapons, Violence and School Safety
Policy JK, Student Discipline
JKE, Expulsion of Students
JKF, Suspension/Expulsion of Students with Disabilities
Adopted: March 23, 1999
Section JKE EXPULSION OF STUDENTS
No student shall be expelled from school except by action of the Board of Directors. The Superintendent retains the authority to recommend, and the Board retains the authority to act with respect to, the suspension or expulsion of any student for any conduct warranting expulsion under state or federal law. The expulsion of a student requires an investigation of a student’s behavior and a hearing before the Board. The Board also has the authority to readmit an expelled student on satisfactory evidence that the behavior which was the cause of the student being expelled is not likely to recur.
Reasons for Expulsion
Maine law (20-A MRSA § 1001(9)), provides that the Board shall, if found necessary for the peace and usefulness of the school, expel a student who is deliberately disobedient or deliberately disorderly; for infractions of violence; who possesses on school property a firearm, as defined under state law, without permission of a school official; who with use of any other dangerous weapon intentionally or knowingly causes injury or accompanies use of a weapon with a threat to cause injury; or who possesses, furnishes or traffics in any scheduled drug.
Additionally, as required by 20-A MRSA § 1001(9-A) and the federal “Gun-Free Schools Act of 1994”, students who are determined to have brought a firearm, as defined in 18 USCA § 921 et seq., to school shall be expelled by the Board for a period of not less than one year and referred to the appropriate local law enforcement agency. The Board gives authorization to the Superintendent to modify the requirement for expulsion of a student on a case-by-case basis. A decision to change the placement of a student with a disability must be made in accordance with the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et. seq.
Recommendations for Expulsion
Any principal requesting the expulsion of a student shall make a recommendation to the Superintendent of Schools, who shall review the recommendation. If the recommendation is deemed appropriate by the Superintendent, he/she shall establish the date for a Board hearing and notify the parent or legal guardian in writing.
The parents/guardian (and the student if 18 years of age or older) shall be notified by certified letter and regular mail of the Board expulsion hearing. The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case. The notice of hearing shall include:
The date, time and location of the hearing;
A description of the charge(s);
A statement that the student may be represented by legal counsel;
A statement that the student or his/her representative may cross-examine any witness presented by the administration at the hearing; and
A statement that the parents/guardian and student may present evidence, including witnesses and documents, on the student’s behalf.
Readmission of Expelled Students
Maine law provides that the Board of Directors may readmit a student who has been expelled upon satisfactory evidence that the behavior that was the cause of the student being expelled will not likely recur. A student or the student’s parent or legal guardian may request a readmission meeting with the Board after a student is expelled. Except in extraordinary circumstances, however, readmission may not be requested within less than one month from the date of a student’s expulsion. The principal shall interview any student requesting readmission and make a recommendation on readmission to the Superintendent, who in turn will make a recommendation to the Board of Directors.
The student, parent/guardian will be notified by certified mail and regular mail of the date and time of a Board meeting to consider readmission. After considering any evidence presented, the Board shall decide by majority vote whether the evidence presented demonstrates that the behavior which was the cause for expulsion will not likely recur.
Legal References: 20-A MRSA § 1001 (9) (9A)
1 MRSA § 405 (6) (B)
18 USCA § 921 et seq.
20 USC § 8001 et seq., Gun-Free Schools Act of 1994
Cross Reference: Policy JICI, Weapons, Violence and School Safety
Policy JK, Student Discipline
Policy JKD, Suspension of Students
Policy JKF, Suspension/Expulsion of Students with Disabilities
Adopted: August 9, 1988
Revised: August 27, 1991
February 1, 1993
May 28, 1996
March 23, 1999
Section JKE-R EXPULSION OF STUDENTS (GUIDELINES)
The following steps constitute general guidelines for the conduct of an expulsion hearing. The guidelines may be adjusted to meet the flexible requirements of due process on a case-by-case basis.
Procedure for Conduct of Board Hearing to Expel
Any discussion, consideration or hearing by the School Board of suspension or expulsion of a student shall be in executive session.
The Board shall be in a public meeting and vote to enter executive session. Executive session requires a 3/5 affirmative vote of the members present and voting and the vote must be recorded.
The parents/guardian, the student and legal counsel (if any) must be present for the hearing, except that the hearing may go forward if the parents/guardians and student (if 18 years of age or older) have been provided prior written notice and failed to appear for the hearing.
Executive Session
I. General Rules of Conduct
The hearing officer (Board Chair/designee or Board Attorney) will conduct the hearing.
Witnesses shall be sequestered in response to a request by either party.
The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.”
The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”
The School Board and student (at his/her own expense) may be represented by legal counsel through each stage of the process.
Procedures
The hearing officer will state for the record:
Date of this hearing;
Place of hearing;
Time of hearing;
Name of student;
Those in attendance for the administration;
Those in attendance for the student; and
Those in attendance for the School Board.
The hearing officer will request from the Superintendent a copy of the hearing notice, read the hearing notice to the School Board and include the notice in the record. If no person appears at the hearing on behalf of the parents/guardians or student, the hearing officer will request that the Superintendent confirm that the parents/guardians and student (if age 18 or older) were provided notice of the hearing.
The Superintendent or designee, hereafter called “the administration” will make an opening statement that includes an overview of the evidence, his/her recommendation, the reason(s) for the recommendation, and the legal basis for the recommended expulsion.
The hearing officer will inform the student and parents/guardians of their rights:
To hear the evidence;
To cross examine witnesses; and
To present witnesses and offer other relevant evidence.
The hearing officer will ask if any member of the Board finds him/herself in a possible conflict of interest situation because he/she knows the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that he/she could not impartially hear the facts and decide the issue on its merits.
All witnesses shall be sworn in by the hearing officer. Each witness raises his/her right hand and is asked, “Do you solemnly affirm to tell the truth, the whole truth and nothing but the truth?”
The administration calls its witnesses.
After each witness has answered all questions put by the administration, then the student/designee (hereinafter, the student) may cross-examine. This should be limited to questions and not arguments with the witness.
The administration may ask rebuttal questions after the student finishes questioning.
Members of the Board may ask questions at the conclusion of the rebuttal.
The student may then call his/her own witnesses to testify, and the student may testify. All witnesses will be sworn. The administration may cross-examine. The student may ask rebuttal questions. After the rebuttal questions, the Board may ask questions.
When all the student’s witnesses have completed testimony (including the student), the administration may call additional rebuttal witnesses who may be cross-examined.
At the end of the testimony, the administration shall make a statement, which should include its recommendations. The same may then be done by/for the student.
The Board should then deliberate in executive session. The Superintendent, Board attorney, administration, the student charged, his/her parents/guardians, and the student’s legal counsel may remain for deliberations. If the student and representatives elect not to be present during deliberations, the administration will also be excluded from deliberations, except that the Superintendent may remain to provide guidance to the Board if he/she was not directly involved in the investigation/presentation of evidence.
The Board shall discuss whether the charges are more likely than not supported by the evidence presented. The Board may discuss and/or draft proposed finding of fact(s) concerning the charges prior to leaving the executive session.
The Board shall then leave executive session.
Public Session
In public session, a member of the Board may make a motion to “expel a student and direct the Superintendent to provide the student and his/her parents/guardians with the Board’s finding of fact(s).” Following a second, the Board Chair should state the motion and the Board should vote. If no motion is made to expel, the student will return to school at the conclusion of the previously-imposed administrative suspension.
The Superintendent is responsible for notifying the parents/guardians (and the student if age 18 or older) of the Board’s decision. If the student has been expelled, the Superintendent will also provide notice of the conditions, if any were given at that time, for Board consideration of readmission.
Adopted: March 23, 1999
Section JKF SUSPENSION/EXPULSION OF STUDENTS WITH DISABILITIES
Except as permitted by federal law, no identified student with a disability shall be suspended or expelled for misconduct related to the student’s disability. If any change of program or placement in excess of ten (10) cumulative school days within any school year occurs, The Pupil Evaluation Team shall convene. The performance of a manifestation determination shall occur, through which the Pupil Evaluation Team determines if the misconduct in question is related to the student’s disability. If the misconduct is not related to the student’s disability, response to the incident will be comparable to what would be ordered for any non-disabled student in similar circumstances.
For purposes of this policy, a “suspension” is a complete termination of school services and removal from school grounds for at least a school day when ordered by the school for disciplinary reasons. An “expulsion” carries the same definition as suspension, except that an expulsion is for an undefined length of time as set forth in 20-A MRSA § 1001(9).
MSAD #34 shall comply with all applicable state and federal laws governing suspension and expulsion of students with disabilities.
Legal Reference: 20-A MRSA § 1001(9)
Adopted: August 9, 1988
Revised: May 28, 1996
March 23, 1999
Section JKF-R SUSPENSION/EXPULSION PROCEDURES FOR STUDENTS WITH DISABILITIES
These procedures set forth the standards that MSAD #34 will follow for suspension and expulsion of students with identified disabilities. These procedures will be interpreted and may from time to time be modified, consistent with evolving state and federal laws on suspension and expulsion of students with disabilities.
A. Identified Special Education Students
The District shall not suspend or expel any identified special education student for misconduct related to the student’s disability. The student’s pupil evaluation team (PET) shall make the determination whether the misconduct in question is related to the student’s disability.
For purposes of this Section, a “suspension” is a complete termination of school services and removal from school grounds for at least a school day when ordered by the school for disciplinary reasons. An “expulsion” carries the same definition as suspension, except that an expulsion is for an undefined length of time as set forth in 20-A MRSA d 1001(9).
Should the PET determine that the misconduct in question is not related to the student’s disability, the District may proceed with a suspension or expulsion consistent with the disciplinary consequences imposed on non-disabled students in the same circumstances, but during any suspension or expulsion that may be ordered, the District shall provide the special education student with services consistent with the student’s individualized education program (IEP).
The principal shall have authority to alter a special education student’s educational program for up to 10 cumulative school days in the school year in response to the student’s misconduct or a violation of school rules. During any such programming change, the student shall be provided by the District with alternative educational services for at least two hours per school day or 10 hours per school week.
Nothing in this policy in any limits the authority of a special education student’s PET to order alterations in the student’s special education program or placement, subject to the right of the student’s parent to request a due process hearing from the Maine Department of Education to challenge the programming or placement change ordered by the student’s PET.
B. Special Education Students Who Possess Firearms in School
If an identified special education student is found to have brought a firearm onto school property (including school buses or to school events), the student shall be placed in an alternative educational program off school grounds for not more than 45 days. The student’s PET shall be convened to determine the alternative educational program, which shall consist of a minimum of 2 hours of services per school day or
10 hours per school week. The term “firearm” shall have the same meaning as is provided in 18 USC d 921.
In most circumstances, the PET shall also order an evaluation to determine whether the student would present a substantial likelihood of harm to self or to others if the student were to return to school. The evaluation would also review whether the student’s misconduct was related to the student’s disability.
Prior to the end of the 45-day alternative educational program, the PET shall reconvene to review the results of the evaluation and to address educational programming and placement after the conclusion of the 45-day period. If the firearm violation is found to be unrelated to the student’s disability, the PET shall notify the Superintendent, who may refer the matter to the Board of Directors for consideration of a possible expulsion. If the student is expelled, the student shall receive services consistent with the IEP during the expulsion period.
C. Students Identified as Disabled Only Under Section 504 or The Americans with
Disabilities Act
The following procedures apply in the case of students who are identified as disabled only under Section 504 of the federal Rehabilitation Act or the Americans with Disabilities act (hereinafter referred to collectively as a “Section 504 Student”), but are not identified as disabled under state and federal special education laws.
The Principal may suspend an identified Section 504 student for a maximum of 10 consecutive school days in response to a particular incident, consistent with the disciplinary consequences and procedures used for non-disabled students in similar circumstances.
There is no cumulative day limit on the number of days in the school year that an identified Section 504 student may be suspended for separate incidents of misconduct, beyond the 10 consecutive day limit for each particular incident. In the event that an identified Section 504 student receives repeated short-term suspensions, however, the school may schedule a 504 Team meeting to review the student’s program and to determine whether changes in that program would be appropriate. Factors to be considered in determining whether a Team meeting is necessary are the total amount of time that the student is excluded from school, the proximity of the suspensions to each other, and the length of each suspension.
The District need not provide alternative educational services for an identified Section 504 student who has been suspended for 10 consecutive days or less, unless the student’s 504 Team has ordered that such services should be provided, or unless alternative services are generally provided to non-disabled students in the same circumstances.
An identified Section 504 student may not be suspended for more than 10 consecutive school days and may not be expelled, unless the student’s 504 Team has first met and determined that the student’s misconduct is unrelated to the student’s disability.
In the event that the Section 504 Team determines that the misconduct is unrelated to the student’s disability, the Board of Directors may determine that the student should receive a suspension in excess of 10 consecutive school days or an expulsion, as long as the disciplinary consequence is consistent with what is ordered for non-disabled students in similar circumstances.
Suspension/Expulsion of Students with Disabilities, Procedures, Page Three
In this situation, there is no obligation to provide alternative services during the extended suspension or expulsion period.
Should the Section 504 Team determine that the student’s misconduct was related to the student’s disability, the student may not be expelled or suspended in excess of 10 consecutive days for the incident. The student’s Section 504 Team remains free, however, to order appropriate changes in the student’s program or placement in light of the misconduct.
In the event that a Section 504 student is found to be currently engaging in the illegal use of drugs or in the use of alcohol and to have violated school policies on the use or possession of drugs or alcohol, the District may take disciplinary action against that student to the same extent and degree as the District would undertake for students who are not disabled. The District is not required to have a prior 504 Team meting, need not determine if the use or possession is related to the student’s disability, and need not provide any alternative services during any removal that may be ordered for the use or possession violation, as long as such a consequence is consistent with school policy for non disabled students.
D. Students Who Are Not Identified as Disabled But Who Are Referred for Consideration
As A Possible Disabled Student During The Suspension or Expulsion Process
In the event that a student without an identified disability is referred to the special education or Section 504 identification process during the suspension or expulsion process, the District may proceed with the suspension or expulsion unde4r the same terms that the District uses for non-disabld students.
The District shall also continue with the special education or Section 504 referral during the suspension or expulsion process, consistent with the applicable timelines and procedural requirements set forth under Section 504 or state and federal special education laws. Should the Team identify the student as disabled under either Section 504 or special education, the team shall then determine whether the misconduct at issue was related to the student’s disability and shall comply with the applicable disciplinary rules on suspension and expulsion noted above for identified students.
Special Note: Nothing in this policy in any way limits the right of the District to seek a court order compelling an identified disabled student who is considered dangerous to remain out of school during a dispute between the student’s family and the District over the appropriate educational setting for the student.
Legal References: 20-A MRSA d 1001(9)
18 USC d 921
Section JKGA TIME OUT ROOMS AND THERAPEUTIC RESTRAINT
The School Board hereby authorizes school officials to use designated time out rooms and therapeutic restraint to the extent permitted by law and in a manner consistent with state law and regulations. The Superintendent is responsible for developing procedures for the use of designated time out rooms and therapeutic restraint. This policy and any accompanying procedures shall be reviewed at least annually by the Superintendent or his/her designee. The Superintendent shall recommend to the School Board any needed changes in this policy.
For purposes of this policy and any accompanying procedures, the terms "designated time out room" and "therapeutic restraint" shall have the following meanings:
"Designated Time Out Room"
A designated time out room is a room used specifically to isolate a student for the purpose of bringing under control student behavior that is dangerous or presents a risk of significant property damage. Dangerous behavior is behavior that presents a risk of injury or harm to that student or to others and, in the judgment of those involved, cannot be controlled through interventions short of isolation in the designated time out room.
This policy and any accompanying procedures do not apply to interventions such as sending a student to the principal's office, to any staff member's room or office, or to any other such setting, but is instead limited to use of a room specifically designated by the Superintendent for the purpose of isolating students as described above. Use of this area to control student behavior must comply with this policy and any procedures developed hereunder.
"Therapeutic Restraint"
Therapeutic restraint is physical restraint of a student for the purpose of preventing that student from injuring him/herself or others when such restraint is undertaken in accordance with an individualized, written plan that specifically calls for therapeutic restraint. Therapeutic restraint as defined in this policy and any accompanying procedures should be administered by personnel trained in that restraint.
Therapeutic restraint does not include any intervention by any school official that would otherwise be governed by state law on the use of reasonable force (20-A MRSA§ 4009), which includes the use of a reasonable degree of force by school officials against a person who is creating a disturbance, when the official believes that force is necessary to control the disturbing behavior or to remove the person from the scene of the disturbance.
Legal Reference: 20-A MRSA § 4502(5)(M) and accompanying regulations
20-AMRSA § 4009
Adopted: February 25, 2003
Section JKGA-E Restraint Inicident Report
There may be occasions when school personnel have to physically restrain students in order to prevent them from hurting self or others. Restraint should not be used for compliance but to protect the safety of the child being restrained or to protect others who are likely to be in
jeopardy should a child’s actions continue. If restraint must be used, the incident should be witnessed if at all possible. All incidents of restraint in MSAD #34 must be reported using this form. Additional information may be attached if needed. A copy is to be forwarded to the building principal. The building principal will forward a copy to the Superintendent, and if applicable, the coordinator of special education.
Date of Restraint ______________ Student Requiring Restraint _________________________
Person(s) Applying Restraint_____________________________________________________
Where did the restraint take place?________________________________________________
Describe the nature of the restraint including steps taken to avoid physical intervention ______
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
What led to the use of restraint? Threat to student’s own safety _________;
threat to other students ________; threat to staff ________; threat to property _________;
Other: ______________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
How was the incident resolved?___________________________________________________
____________________________________________________________________________
____________________________________________________________________________
How long was restraint used?____________________________________________________
Page 1
(over)
-2-
Were there any marks, bruises or injuries to the child or the person(s) using restraint? If so,
describe in detail.______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ____________________________
Person Applying Restraint Date
__________________________________ ____________________________
Person Witnessing Restraint Date
__________________________________ ____________________________
Building Principal Date
Legal Reference: 20-A MRSA § 4502(5)(M) and accompanying regulations
20-AMRSA § 4009
Section JKGA_R TIME OUT ROOMS AND THERAPEUTIC RESTRAINT- ADMINISTRATIVE PROCEDURE
These procedures are established for the purpose of meeting the obligations of MSAD #34 under state law and local School Board policies governing the use of designated time out rooms and therapeutic restraint. These procedures shall be interpreted in a manner consistent with state law and regulations.
I. DEFlNITIONS
A. "Designated Time Out Room"
A designated time out room is a room used specifically to isolate a student for the purpose of
bringing under control student behavior that is dangerous or presents a risk of significant
property damage. Dangerous behavior is behavior that presents a risk of injury or harm to that
student or to others and, in the judgment of those involved, cannot be controlled through
interventions short of isolation in the designated time out room.
This policy and any accompanying procedures do not apply to interventions such as sending a
student to the principal's office, to any staff member's room or office, or to any other such
setting, but is instead limited to use of a room specifically designated by the Superintendent
for the purpose of isolating students as described above. Use of this area to control student
behavior must comply with this policy and any procedures developed hereunder.
B. "Therapeutic Restraint"
Therapeutic restraint is physical restraint of a student for the purpose of preventing that
student from injuring him/herself or others when such restraint is undertaken in accordance
with an individualized, written plan that specifically calls for therapeutic restraint.
Therapeutic restraint as defined in this policy and any accompanying procedures should be
administered by personnel trained in that restraint.
Therapeutic restraint does not include any intervention by any school official that would
otherwise be governed by state law on the use of reasonable force (20-A MRSA§ 4009),
which includes the use of a reasonable degree of force by school officials against a person
who is creating a disturbance, when the official believes that force is necessary to control the
disturbing behavior or to remove the person from the scene of the disturbance.
II. DESIGNATION OF TIME OUT ROOMS
A. If the Superintendent determines that there is a need for a designated time out room in a
particular school building, he/she shall designate the room to be used for that purpose and
shall ensure that said room meets the requirements of these procedures. The building
principal shall be familiar with these procedures on the use of the designated time out room,
and shall ensure that staff understands the proper use of that room. Once a room has been
designated specifically for this purpose, it shall not be used in any manner that would be
inconsistent with its use as a designated time out room.
B. Designated time out rooms must be a minimum of 60 square feet, with adequate light, heat
and ventilation and of normal room height. The door to the time out room may not be locked,
latched or secured in any way that would prevent the student from exiting the room. An
unbreakable observation window shall be located in a wall or door to permit continuous
observation of the student and any staff member in the time out room.
III. USE OF DESIGNATED TIME OUT ROOMS
A. The designated time out room shall be used specifically for the purpose of isolating a student
to bring under control student behavior that is dangerous or presents a risk of significant
property damage. Dangerous behavior is behavior that presents a risk of injury or harm to
that student or to others and cannot be controlled through interventions short of isolation in
the designated time out room. The designated time out room shall not be used for punitive
purposes, for staff convenience or to control minor misbehavior.
B. The designated time out room shall be used only after less intrusive interventions have failed
to bring the student's behavior under control. A student should remain in the designated time
out room only for the time necessary for the student to compose him/herself sufficiently to
return to the classroom with minimal risk that the behavior will quickly reoccur, in the
opinion of school officials monitoring the intervention.
C. School officials shall not keep a student in the designated time out room for more than one
hour. If the student continues to present dangerous behaviors after this period of time, the
placement in that room may be continued only with written authorization of the building
principal or designee. In that event, the student's parent/guardian should also be called for the
purpose of taking the student home for the remainder of that school day.
D. Students in a designated time out room shall be directly observed at all times by a staff
person.
E. School officials monitoring a student in the designated time out room shall not secure the
door to that room in any manner, including holding the door so as to keep the student shut in
that room. In the event that a student who is actively demonstrating dangerous behaviors
attempts to leave the room, the staff member may use restraint to ensure safety and should
attempt to arrange for emergency personnel and the parents to be contacted.
F. If, at any point during the student's stay in the designated time out room, the building
principal or his/her designee believes that the student cannot be maintained safely even in
that setting, the building principal/designee shall call the student's parent/guardian to come
pick up the student, and may also call other emergency personnel for the purpose of taking
custody of the student and ensuring the student's safety .
IV. DOCUMENTING USE OF THE DESIGNATED TIME OUT ROOM
A. Each time a student is placed in a designated time out room, a school official involved in
that decision shall document the action. The documentation must include the following:
1. Name of the student;
2. Date and time of placing the student in the room;
3. Time that the placement ended;
4. Antecedent events leading up to the behavior requiring the placement;
5. The behavior itself leading to the placement;
6. Other types of intervention that may have been used;
7. Names of staff members involved in the incident; and
8. Names of staff members who monitored the student's placement in the designated time
out room.
9. If a call is placed to the family or to emergency personnel, it should be noted in the
documentation as well.
B. This written documentation shall be provided to the building principal/designee within two
school days of the incident itself. If possible, the parents/guardian should be notified of the
incident on the same day of the student's placement in the designated time out room, or as
soon as possible thereafter.
V. USE OF THERAPEUTIC RESTRAINT
A. Therapeutic restraint as covered by these procedures shall be used, only for the purpose of preventing a student from injuring him/herself or others, when such restraint is undertaken in
accordance with an individualized, written plan that specifically calls for therapeutic
restraint. Therapeutic restraint as covered by these procedures shall be used only after less
intrusive interventions have failed to bring the student's behavior under control.
B. Attempts shall be made to involve the parents in developing an individualized, written plan
that specifically calls for therapeutic restraint. For students with disabilities, the student's
Pupil Evaluation Team or 504 Team may develop such a plan if the Team determines it is
appropriate to do so.
C. Therapeutic restraint as covered by these procedures shall involve the least amount of
physical contact that is required to bring the behavior under control and should be
implemented by persons who have successfully completed an appropriate training program
in the identification and de-escalation of potentially harmful behaviors and the safe use of
passive physical therapeutic restraints.
D At least two adults should be involved in the use of therapeutic restraint as covered by these
procedures, and, if possible, both adults should have completed an appropriate training
program. In the event that an emergency situation prevents the presence of two adults for the
therapeutic restraint, one individual may undertake the intervention and his/her conduct shall
be protected to the full extent allowed by state law on the use of reasonable force in
emergencies (20-A MRSA § 4009). If an untrained adult is involved in the intervention,
is/her conduct shall also be protected to the full extent allowed by state law on the use
of reasonable force in emergencies.
E. The use of therapeutic restraint as covered by these procedures should not exceed one hour in
length. If the student is still presenting dangerous behaviors after that time, the use of
therapeutic restraint may be continued with written authorization of the building principal/
designee. In that event, the student's parent/guardian should also be called for the purpose of
taking the student home for the remainder of that school day.
F. If at any point during the therapeutic restraint the building principal/ designee believes that
the student cannot be maintained safely even with that restraint, the building principal/
designee shall call the student's parent/guardian to come pick up the student, and may also
call other emergency personnel for the purpose of taking custody of the student and ensuring
the student's safety.
G. In the event that school officials use restraint on a student in any manner inconsistent with
these procedures, that intervention shall be protected to the full extent permitted by state law
on the use of reasonable force (20-A MRSA § 4009).
VI. DOCUMENTING USE OF THERAPEUTIC RESTRAINT
A. Each time a student is subject to therapeutic restraint as covered by these procedures, a
school official involved in that decision shall document the action. The documentation must
include the following:
1. Name of the student;
2. Date and time of restraint;
3. Time that the restraint ended;
4. Antecedent events leading up to the behavior requiring the restraint;
5. The behavior itself requiring the restraint;
6. Other types of intervention that may have been used;
7. Names of staff members involved in the incident; and
8. Names of staff members who monitored the student's placement in the designated time
out room.
9. If a call is placed to the family or to emergency personnel, that should be noted in the
documentation as well.
B. This written documentation shall be provided to the building principal/ designee within two
school days of the incident itself. If possible, the parents/guardian shall be notified of the
incident on the same day that therapeutic restraint is used on the student, or as soon as
possible thereafter.
VII. PROHIBITION OF AVERSIVE THERAPY
A. School officials shall not use aversive therapy on a student to modify or change that student's
behavior. "Aversive therapy" is the application of unusual, noxious or potentially hazardous
substances, stimuli or procedures to a student. Aversive therapies include the use of water
spray, hitting, pinching, slapping, noxious fumes, extreme physical exercise or embarrassing
costumes or signs.
B. The use of mechanical or chemical restraints by school officials is prohibited by these
procedures. These procedures do not prohibit protective equipment or devices that are part of
a treatment plan prescribed by a physician or psychologist for treatment of a chronic
condition.
Legal Reference: 20-A MRSA §4502(5)(M) and accompanying regulations
20-AMRSA § 4009
Adopted: February 25, 2003
Section JLC STUDENT HEALTH SERVICES
It is a basic objective of any school system to give the greatest possible contribution to the continuing health and welfare of its pupils. There must be a close degree of home and school cooperation and an organized program of health education. However, parents have the primary responsibility for the health of their children.
Physical Examinations
The purpose of physical examinations is to identify current, or anticipate future, health problems so that treatment and remediation may take place. The best source of health care and physical examination is the student’s primary health care provider. The student’s personal physician has the best understanding of his medical history, is more able to make a thorough health appraisal, and can provide health counseling and treatment geared especially to his needs.
Students entering Kindergarten and Grade 9 will have complete physical examinations by their family physician or the school physician at parental expense unless prohibited by religious beliefs.
An integral part of each medical evaluation of a student is the health history. Parents will provide a completed health history for each student at the beginning of the school year and for all new entering students as they arrive. Results of the examination will be entered on the health record and any abnormal findings reported to parents. Referrals for further evaluation and follow-up as needed will be done by the school nurse. Physical examinations are recommended for students at regular intervals.
Athletic Physicals
All students who participate in interscholastic athletics must successfully pass a physical examination prior to participating in meets, games, or practice sessions. All students participating in any sport which is housed in a District facility will be required to show proof of a physical before participation. Physical examinations for athletes are required every other academic year. Physical exams need to be completed after June 1 to apply to the next school year.
An annual health history provided by the parents and reviewed by the school nurse is mandatory. Physical examinations will be done by the athlete's private physician who will provide written certification to the school of the athlete's fitness to participate in sports utilizing the Board- approved District physical form. An athlete may be required to have a physical examination following review of the annual health history by the school nurse. Results of physical examinations by private physicians must be forwarded to the school nurse who will review them. Referrals and follow-up, as needed, will be done by the school nurse.
The sports physical will include a review of medical history, immunization history, current medical problems, and a measurement of the student's height, weight, blood pressure, visual acuity, urinalysis and a complete, unclothed examination with particular reference to the orthopedic exam and physical maturity of the student athlete.
There is concern that the athlete, once approved for play, may be injured or may become seriously ill, and that this may require medical review before the athlete should once again participate. Responsibility for the student’s health rests primarily with the student and his parents. The coach who has an awareness of illness or injury also has the responsibility to assure that further review of a student's health takes place if there is a question about the athlete's continuing to participate. In this situation, the student may be required to submit to the school nurse a "Return to Play" form signed by his physician before re-entry into the athletic program.
"Return to Play" forms and communications from parents and physicians regarding health conditions are part of the student's health information, and as such, are to be sent to the health office for filing in the student's health record.
At the beginning of each season, coaches must contact the school nurse with a list of players. Those students with incomplete information will not be allowed to participate. Student participation in practice and athletic events is dependent upon:
1. The student having been judged fully able to participate. (This is based on health history by parents and interview of student and/or physical examination, if indicated).
2. Recovery from prior injury or illness. (This is based upon health history by parents, judgment of coaches, and physical examination or signed "Return to Play" form if indicated).
3. Parents' permission to participate.
4. Appropriate liability insurance.
A summary of forms related to health policy and athletic physicals follows.
1. Emergency Form – annual
2. Health History – annual
3. Physical Form – every other year
4. Parent Permission/Insurance Certification – for athletic participation – annual
5. Return to Plan
Legal Reference: Title 20-A MRSA §§6451-6453; 6301-6303
Adopted: May 8, 1990
Revised: December 17, 1993
Revised: August 25, 1998
Reviewed: March 23, 1999
Section JLCB IMMUNIZATION OF STUDENTS
All students enrolled in MSAD #34 shall comply with State laws and regulations that require a certificate of immunization for the following diseases: diphtheria, measles, mumps, pertussis, poliomyelitis, rubella, and tetanus.
For all entering kindergarten students, certificates of immunization shall be submitted prior to enrollment.
For transfer students, either a school health record that includes documentation of required immunizations or the required certificates of immunization shall be submitted prior to enrollment. On a case-by-case basis, upon the recommendation of a MSAD #34 school nurse, the Superintendent may allow transfer students to enroll pending receipt of documentation.
However, consistent with 20-A MRSA, section 6355, students may be enrolled without a certificate of immunization provided that:
1. The parent or the student provides a physician’s written statement that immunization against one or more of the diseases may be medically inadvisable, or
2. The parent states in writing a sincere religious belief which is contrary to the immunization requirement or an opposition to the immunization for moral, philosophical or other personal reasons.
Legal Reference: 20-A MRSA Sections 6352-6359
Section JLCC COMMUNICABLE/INFECTIOUS DISEASES
Teachers shall be alert to signs of illness and communicable disease and refer students who show such symptoms to the school nurse.
All students under quarantine shall be excluded from school and school activities. Quarantine regulations established by the Bureau of Health shall be observed. The school nurse shall be responsible for notifying the local health department of all students having a communicable disease as required by law and Department of Education rules. The building principal shall be notified of all communicable disease cases and contacts in the school.
Students who have other types of communicable diseases which can be transmitted through casual contact shall be excluded from school as prescribed by law, or shall observe other protective procedures according to recommendations issued by the school physician.
When a student returns to school after having had a communicable disease, a certificate from the attending physician may be required. The building principal and/or the school nurse must give permission before the student is readmitted to class.
Legal Reference: 5 MRSA § 19201 et seq.
20-A MRSA §§ 1001(11)(A), 6301
22 MRSA §§ 801,802,806,823,824
Section JLCCA PEDICULOSIS
Children identified with pediculosis (lice infestation) are to be excluded from school until treated with a pediculocide and all nits are removed.
Upon return to school, students will be checked by the school nurse or designee, for lice and nits. If either is found, the nurse will counsel the parent(s)/family and the infested student(s) will be sent home until properly treated and free of all lice and nits.
Legal Reference: 20–A~MRSA § 6301
Section JLCD ADMINISTERING MEDICINES TO STUDENTS
It is the general policy of the MSAD #34 Board of Directors to discourage the dispensing of medications on school premises. With few exceptions, school employees are not trained medical or nursing personnel and are not authorized to dispense medication on a regular basis. Whenever possible, the schedule of drug administration should be altered to allow a student to receive all prescribed doses at home. Where medication during the day is necessary, it may be administered in accordance with this policy.
Base Protocol for Medication
Any time medication is to be taken or administered at school, the following conditions must be met:
1. Medication will be sent to school in a clearly-labeled container, preferably the original prescription bottle, with the name of the child and the medication on it.
2. Written instructions signed by the family physician will be required and will include:
? Name of child
? Name of medication
? Reason for medication
? Dosage
? Specific area of application if medication is of a topical nature
? Time to be administered
? Possible side-effects, if known, and action to be taken
? Termination date for administering the medicine—not to exceed the school year
? A certification by the physician that the medication is necessary to the child’s health and must be taken during school hours
3. The parents provide a signed request form, certifying that they are not available during school hours to dispense this medication and an informed consent form allowing the medication to be administered by school personnel
4. For long-term situations, the medication certification and request to dispense expires at the end of each school year, unless terminated earlier by either the family physician or the parents. The certification and request can be renewed each year.
5. The student should not transport more than one day's supply of medication at a time. Larger amounts must be brought to school by the parent(s).
6. The parent will assume the responsibility for informing the school in writing of any change in the child's health or change in medication.
7. The responsibility for seeing a physician on a regular basis and following the physician's instructions rests with the parent. Failure to comply with the recommended protocol will be grounds for the school to discontinue the administration of the medication in question.
8. The MSAD # 34 School District retains the discretion to reject any or all requests for the administration of medication.
The school nurse or the principal's designee if school nurse is not available will:
1. Inform the appropriate school personnel of medication
2. Inform parent(s) of any difficulty with the medication or circumstances which were responsible for the child's not receiving the medication
3. See that the medication is kept in a place inaccessible to other students
4. Encourage the child to take medication with water from a paper cup rather than from a drinking fountain
5. Observe the child as he/she takes the medication
6. Keep a record of the administration of medication on a designated log
In exceptional cases, when a student is considered by the parent and the nurse to be sufficiently responsible, he/she may be given special permission to carry one (1) dose of his/her medication on his/her person and to take it him/herself when necessary. This action will still require a written request from a physician and a request from parents.
Self-administered Medication
Self-administered medications will fall into two (2) categories:
1. Medication prescribed for a short time (5 days or less) for an acute condition (i.e., ear or throat infection, respiratory infection, congestion, cough, etc.). A student will be in a non-contagious phase of that condition and will return to school only upon the advice of the family physician or the school nurse or school physician.
2. Medication prescribed for chronic or permanent condition (i.e., behavioral disorder, convulsive disorder, asthma, cystic fibrosis, diabetes, severe headache, ulcers, heart or kidney condition, etc.).
Students who have a valid medical need for medication at school will be required to self-administer the medication under the supervision of school personnel, if the following conditions are met.
1. The child is, in the parent's opinion, physically and mentally capable of assuming that responsibility and has been adequately instructed at home.
2. Neither parent is available during school hours to administer the medication.
3. The medication is necessary to the child's health and must be taken during school hours.
4. Supervision will be by the school nurse, where available.
Medication Administered by School Personnel
In the case of a child too young or otherwise unable to self-administer a vital medication, and when the parent is unavailable, the principal and/or school nurse will review the circumstances with the parent and the family physician or school physician to determine whether a non-medical school employee may administer the medication. All unlicensed school personnel shall receive training prior to being authorized to administer medications.
1. In such situations, the parents will sign an informed consent form acknowledging that they are aware that non-medical personnel or unlicensed personnel will be administering the medication.
2. All other requirements of the base protocol will be implemented.
Medications in Emergencies
In the case of students prone to suffer an acute and life threatening allergic reaction to insect stings:
1. Appropriate school personnel will be made aware of the student's condition.
2. Medication as provided by the parent will be kept in a predetermined place at that school and all personnel involved with the child will know its location.
3. A clear emergency procedure will be outlined on the child's health record. All teachers will be informed of the procedure.
4. At least two staff members at that school will be instructed in the administration of said medication.
5. The student will be required to wear a medic-alert emblem indicating his/her condition.
Upon request, a copy of this policy and any required forms will be provided to parents who request the administration of medication in school.
Proposal: February 22, 1989
Adopted: March 23, 1999
Revised: June 26, 2001
JLC-E Student First Aid and Emergency Medical Care
RETURN TO PLAY FORM
To Be Completed by Student:
Name: __________________________ School: ________________________
Home Address: _______________________ Telephone: _____________________
Grade: _____________________ Age: __________________________
To Be Completed by Physician:
Time and Date of Injury: ___________ Injured in Practice: _______________
Game: __________________________ Game: _________________________
Sport: ______________________ Position Played: _________________
Coach: _____________________ Telephone: _____________________
Description of Injury: _____________________________________________________
______________________________________________________________________
Referred: ______________________________________________________________
RECOMMENDATION:
1. No restrictions (discharged as of) _______________________ ___________
(Date)
2. May return to participation by: __________________________ ___________
(Date)
a. Light running only. No contact ______
b. Regular practice but no contact ______
3. No practice or participation ___________________________ ___________
(Date)
Return for further care: NO __________ YES ___________
OTHER ___________________________________________________________________
__________________________________________________________________________
Date: ______________ Physician: _____________________ Telephone: _____________
RETURN THIS FORM TO THE SCHOOL NURSE. COPIES WILL BE SENT TO:
Student Activities Coordinator & Principal
Reviewed: May 8, 1990
March 23, 1999
Section JLCF LIFE THREATENING ALLERGY POLICY AND PROCEDURE
Life threatening allergies can provoke severe responses in some students. When these allergies have been documented by the student's physician, procedures will be followed that protect the allergic child while allowing for normalcy of everyday school activities. The student's safety and avoidance of allergen will be the joint responsibility of the student, his family, physician and the school.
PROCEDURE
To protect the health of all identified children with life threatening allergies, MSAD #34 will institute the following procedures:
1. A conference/504 will be held with the teacher, parents, administrator, nurse, cafeteria personnel and others as applicable, to discuss the student's allergy. A plan of action including an emergency plan, will be devised to meet his/her needs in the school setting, including field trips. Each year the plan will be reviewed and adjustments made as needed. Modifications during the year may be necessary also.
2. Education of the allergic student's classmates as to the nature of allergic reactions is very important for the acceptance of the student. All pertinent staff will be educated on life threatening allergies, the importance of recognizing symptoms and of the immediate medical response required.
3. It is the parents' responsibility to provide an Epi-pen for school use for their allergic child. Children will carry an Epi-pen if the parent and/or doctor considers it necessary .An adult trained in administration of Epi-pens and the child's emergency action plan will accompany them on field trips.
4. The Board recommends and encourages parents to provide medical ID’s for their children who have severe allergy or other serious medical conditions.
5. Education of appropriate staff members in allergic reactions and the administration of Epi-pens will take place at the beginning of the school year. Periodic review should be done during the school year as needed.
6. If an allergic reaction should occur, the student's emergency action plan will be instituted including immediate administration of the Epi-pen. 911 will be called for student transfer to the hospital emergency department. Parents will be contacted.
Additional Procedures for Severe Food Allergies
7. Refer to " School Guidelines for Dealing with Students with Food Allergies” packet for delineation of student, family and school responsibilities.
8. An allergen-free space will be provided in the cafeteria. Lunch tables will be washed with soap and water using separate paper towels for each table to eliminate cross contamination. Sponges will not be used. Desks in the classrooms of the allergic children will be washed after snack with soap and water.
9. At the elementary level, all children in the same classroom will wash their hands with soap and water after snack and lunch to eliminate cross-contamination.
10. Foods causing life threatening allergic reactions will be eliminated from school in the following manner:
a. If the allergy is stimulated by contact or ingestion, an allergen-free area will be provided in the cafeteria. Foods prepared by the kitchen that contain the allergen will be labeled.
b. If the allergy is stimulated by inhalation, contact or ingestion, an allergen-free area in the cafeteria will be provided. Foods containing the allergen will not be prepared in the kitchen.
c. At the elementary level, depending on the specific food allergy, classmates may be asked not to bring in foods that contain the allergen.
11. Latex-free gloves will be used in school clinics. The use of latex balloons will be discouraged. Latex-free band-aids or other medical and school material such as latex-free erasers, will be supplied by the parent or guardian of the latex-allergic child, as is necessary.
Adopted: March 23, 2004
Section JLDBG REINTEGRATION OF STUDENTS FROM JUVENILE CORRECTIONAL FACILITIES
Maine law requires the establishment of a reintegration team to assist a student entering a public school from a
juvenile correctional facility .The Board recognizes the need for advance planning and appropriate confidentiality
in these circumstances.
The Superintendent shall be responsible for determining whether a student will be accepted or denied access to school based on compliance with the juvenile's rehabilitation plan as it affects reintegration. Access may be denied until the Superintendent is satisfied that conditions have been met.
The school unit will comply with reintegration standards established by the Maine Department of Education. The Superintendent will be responsible for overseeing the transition of students from juvenile correctional facilities based on the following guidelines:
A. Within ten (10) school days of receiving information from the Department of Corrections concerning the release of the juvenile offender, the Superintendent shall establish and convene a meeting of a reintegration team to review information received from the Department of Corrections, evaluate the student's individual educational needs, and determine what additional information may be relevant.
B. The reintegration team shall include at a minimum the principal/designee of the school to which the student will be admitted, at least one classroom teacher to which the student will be assigned or who is involved in the school's student assistance team, the student's parent/guardian/custodian, a guidance counselor, director of special services and any other staff deemed appropriate. The student's juvenile correctional officer or other representative from the Department of Corrections may be invited to attend.
C. The reintegration team will determine, on the basis of need, which school employees should be given (OR receive information OR have access to) information that would otherwise be considered confidential. The nature and extent of information provided should be limited to that needed to implement the student's reintegration plan and ensure the health and safety of the student, the safety of the school's students and staff, and the integrity of school property.
D. The Superintendent/designee will be responsible for ensuring that confidentiality training, including a review of the school unit's policy and administrative procedures pertinent to records from the juvenile criminal justice system, including the juvenile correctional facility, and to all student educational records under the Family Education Records and Privacy Act (FERPA), is provided to all school employees who have access to this information.
E. Before the student enters school, at least one additional meeting of the reintegration team should be held to develop an individualized plan for the student's reintegration based on the student's educational needs and the options available within the school system. This meeting should include the student as well as the members of the reintegration team. The reintegration plan will address the student's educational program, participation in activities (including co-curricular and extracurricular activities), and access to school facilities (including transportation).
F. Placement in grade, class, and/or school programs will be based on the student's abilities and academic achievement demonstrated in prior educational settings, including the student's stay at the juvenile correctional facility .The principal will be responsible for evaluating the student's transcript and portfolio from the juvenile correctional facility to assess progress toward meeting the content standards of the Learning Results. The principal may require the student to participate in additional tests or other demonstrations of skill or knowledge, consistent with the local assessment system, for the purpose of determining appropriate placement.
G. The Superintendent/designee will be responsible for developing and implementing a process for monitoring and reporting a student's progress and compliance with the reintegration plan and for modifying the plan as needed.
H. A student who violates Board policy or school rules will be subject to the disciplinary consequences described in policy, administrative procedures, and/or the student handbook/student code of conduct.
I. The Superintendent/designee shall make any reports that may be required by the Department of Education concerning numbers of students entering the local school unit from juvenile correctional facilities.
Legal Reference: 20-A M.R.S.A. §§ 254(12), 1055(12), 2902(10), 4502(5)(O), 6001-B(1), 6001-B(2),
6001-B(3-A)
15 M.R.S.A. § 3009
ADDENDUM
NOTE: 15 M.R.S.A. §3308(7)(E) provides that when a juvenile has been charged with or adjudicated of a juvenile offense that involves the use or threatened use of physical force against a person, the District's attorney in the District where the charges were brought will provide certain information to the Superintendent (or designee) of the juvenile's school.
This information is limited to:
1. The name of the juvenile;
2. The nature of the alleged offense or offense;
3. The date of the alleged offense or offense;
4. The date of the petition (date charged);
5. The date of the adjudication, if applicable; and
6. The location of the court where the case was brought, if applicable.
By law, this information is not to become part of the student's educational record.
This information is to be regarded as confidential except as provided in 20-A M.R.S.A. §1055(11). This statute requires the Superintendent to convene a notification team within ten (10) school days of receiving notice of an alleged or adjudicated juvenile offense. This team must include the administrator/designee of the school building where the student attends, at least one classroom teacher to whom the student is assigned, a guidance counselor, and the student's parent/guardian. The notification team is to determine on the basis of need which school employees are entitled to receive this information. The Superintendent "shall ensure" that confidentiality training is provided to all school employees who have access to this information.
As the composition of a specific notification or reintegration team depends upon the individual students
(one student will have different teachers than another, for example) and because teams are convened only as needed, the teams are not static. While determining who should be on a team is an easy matter, the determination of who has the "need to know" and, therefore, should be given or have access to confidential information is not necessarily so easy. Boards and Superintendents should contact MSMA or their school attorney when questions concerning confidentiality arise. ]
Adopted: March 23, 2004
Section JLF REPORTING CHILD ABUSE OR NEGLECT
The definition of child abuse or neglect is defined by Maine law as “a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these.”
The law provides that a report of suspected child abuse or neglect must be made to the Department of Human Services (DHS) when the person suspected is a “person responsible for the child,” or to the District Attorney when the person suspected is not a person responsible for the child. Person responsible for the child is defined as a person with responsibility for a child’s health or welfare, whether in the child’s home or another home or a facility which, as part of its function, provides for the care of the child. It includes the child’s parent, guardian or other custodian.
Any employee of MSAD #34 who has reason to suspect that a child has been or is likely to be abused or neglected must immediately notify the building Principal who shall process the report as provided in this policy. In addition to notifying the building Principal, the employee may also make a report directly to the Department of Human Services (DHS) or the District Attorney when the employee believes a direct report will better protect the child in question.
Upon receiving a report of suspected child abuse or neglect, the Principal shall:
Make an immediate verbal report to the Superintendent/designee. If it is determined that there is a duty to make a report, the Principal shall make the report to DHS. In addition, if the person suspected is not the parent, guardian or other custodian of the child, the Principal shall also make a report to the District Attorney.
If the person suspected of abuse or neglect is an employee of MSAD #34, the Superintendent/designee shall investigate and take appropriate action in accordance with Board policies, collective bargaining contracts and state and federal laws.
If the person suspected of abuse or neglect is a student and the abuse or neglect occurred on school premises, during a school activity, or is otherwise related to the school, the Superintendent/designee shall investigate and take appropriate action in accordance with Board policies and state and federal laws.
The Principal shall provide a written report to the Superintendent of all verbal and written reports of suspected child abuse or neglect made to DHS, the District Attorney, or other outside agencies as well as all actions taken by the School District.
DHS personnel shall be permitted to meet with and interview the child named in the report at school during school hours upon written certification from DHS that:
The interviewer of the child is an authorized representative of the Department of Human Services;
There are reasonable grounds to believe that prior notice to the child’s parent/ guardian would increase the threat of serious harm to the child or another person;
The interview of the child at school during school hours is necessary to carry out the Department’s duties under Maine law.
All records, reports and information concerning alleged cases of child abuse and neglect shall be kept confidential to the extent required by Board policies and applicable law.
The Principal/designee is permitted to release a child’s school records without prior consent of the parent/guardian to DHS or law enforcement officials as necessary to protect the health or safety of the child or other individuals.
Any person who in good faith reports or participates in the investigation or proceedings of a child protection investigation is immune from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false.
Legal Reference: 22 MRSA Chapter 1071, Child and Family Services/Child Protection Act
20 USC § 1232g, Family Educational Rights and Privacy Act (FERPA)
Cross Reference: ACAA—Harassment
JRA—Student Records
Adopted: December 4, 1987
Revised: February 1, 1993
Revised: March 23, 1999
Section JLF-E REPORTING CHILD ABUSE OR NEGLECT
SUSPECTED CHILD ABUSE/NEGLECT REPORT FORM
Name of Person Making Initial Report ____________________________________
Date and Time of Initial Report __________________________________________
Name of School Official First Report Made To ______________________________
Did the person making initial report contact DHS independently? Yes __ NO __
Name of Student Who is Subject of Report ______________________________
Birthdate: __________ Sex: _____ Grade: _____
Parent/Guardian Name(s): ________________________________________________
Address: ____________________________________________________________
______________________________________________ Telephone: ______________
Statements or indicators leading to the suspicion of abuse/neglect (include all known information including date, time, location, name of alleged abuser and relationship to student)_______________________________________________________________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Actions taken by school officials (list date, time and personnel involved) __________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Reports to Authorities:
Agency contacted by telephone: ____________________________________
Date and title of agency contact: ____________________________________
Date and time of telephone report: ____________________________________
Signature of Person Completing this Form: ______________________________
Date: ________________________
Adopted: March 23, 1999
Section JLIB STUDENT DISMISSAL PRECAUTIONS
The School Board seeks to safeguard students by requiring procedures for excusing students from attendance at school. The building principals are directed to develop and implement administrative procedures for dismissing students, subject to the approval of the Superintendent. It is understood that procedures may vary from school to school due to the differing ages of the students.
Students will be released only to parents, legal guardians, and other persons specifically authorized in writing by parents/guardian to pick up the student. If the building principal/designee has reason to question the authenticity of any written or verbal communication regarding the release of a student, the parent/guardian shall be contacted for confirmation. The building principal/designee has the authority to deny the release of students to unauthorized or unknown persons.
Students who drive to school must present a note from a parent/guardian authorizing them to leave school during the school day. They must sign out at the school office. Students over 18 years of age must provide a written reason for leaving school and must sign out at the school office.
A custodial parent who wishes the school to comply with provisions of a court order to restrict access to a child is responsible for providing a certified copy of such order to the school.
Administrative procedures concerning student dismissal shall incorporate the following components:
A procedure for dismissing students in the event of an emergency during the school day;
A procedure for dismissing students for illness and other reasons prior to the end of the school day; and
A procedure for confirming the identity of parents/guardians and others authorized to pick up students prior to releasing students.
Cross Reference: Policy EBCA, Crisis Response Plan
Policy KI, Visitors to the Schools
Adopted: 1984
Revised: February 1, 1993
March 23, 1999
Section JRA STUDENT EDUCATION RECORDS AND INFORMATION
MSAD #34 shall comply with the Family Educational Rights and Privacy Act (“FERPA”) and all other federal and state laws and regulations concerning confidentiality and maintenance of student records and information.
MSAD #34 designates the following student information as directory information: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in MSAD #34, and honors and awards received. MSAD #34 may disclose directory information if it has provided notice to parents (and eligible students over 18) and has not received timely written notice refusing permission to designate such information as directory information.
Military Recruiters/Higher Education Access to Information
Under federal law, military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students. MSAD #34 will comply with any such request, provided that parents have been notified of their right to request that this information not be released. Parents/eligible students who do not want MSAD #34 to disclose information must notify the Superintendent in writing by October 1st or within thirty (30) calendar days of enrollment, whichever is later.
Information on the Internet
Under Maine law, MSAD #34 shall not publish on the Internet any information that identifies a student, including but not limited to the student's full name, photograph. personal biography, e-mail address, home address, date of birth, social security number and parents' names, without written parental consent.
Transfer of Student Records
As required by Maine law, MSAD #34 sends student education records to a school unit to which a student applies for transfer.
Administrative Procedures and Notices
The Superintendent is responsible for developing and implementing any administrative procedures and parent notices necessary to comply with the applicable laws and regulations concerning student education records and information. Notices shall be distributed annually to parents and eligible students concerning their rights under these laws and regulations. A copy of this policy shall be posted in each school.
Legal Reference:20 U.S.C. § 1232g; 34 C.F.R. Part 99
20 U.S.C. § 7908
20-A M.R.S.A. §§ 6001, 6001-B
Maine Department of Education Rules, Chapters 101 and 125
Cross Reference: JRA-E -Annual Notice of Student Education Records and Information Rights JRA-R- Education Records and Information Administrative Procedure
ILD -Student Surveys and Marketing Information
Adopted: January 27, 2004
Section JRA-E NOTIFICATION OF RIGHTS UNDER FERPA
The Family Educational Rights and Privacy Act (“FERPA”) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:
The right to inspect and review the student’s education records within 45 days of the day MSAD #34 receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask MSAD #34 to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading.
If MSAD #34 decides not to amend the record as requested by the parent or eligible student, MSAD #34 will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement district personnel); a person serving on the school board; a person or company with whom the school district has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee or assisting another school official in performing his/her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.
Upon request, MSAD #34 may make public at its discretion personally identifiable information from the education records of a student without parental consent if that information has been designated as directory information by the school. Directory information includes the student’s name, participation in officially recognized activities and sports, weight and height of athletes, date of attendance at MSAD #34 schools, honors and awards received, and other information that would not generally be considered harmful or an invasion of privacy if disclosed.
Such information will not be disclosed if the parent of the student informs the school in writing by July 1 for the upcoming school year or within 30 days after enrollment, whichever is later, that such information is not to be designated as directory information with respect to that student.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by MSAD #34 to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-4605
Section JRA-R STUDENT EDUCATION RECORDS AND INFORMATION-ADMINISTRATIVE PROCEDURE
This administrative procedure is intended to assist administrators and school staff in complying with the requirements of federal and state statutes and regulations concerning student education records and information, including special education requirements.
Definitions
The following definitions apply to terms used in this procedure.
1. "Act" means the federal Family Educational Rights and Privacy Act (20 U.S.C. §1232g).
2. "Directory information" means the following information contained in an education record of a student: name, grade level of students and participation in officially recognized activities and sports, height and weight of student athletes, dates of attendance in MSAD #34, and honors and awards received.
3. "Eligible student" means a student who has attained 18 years of age who has not been judged by a court of competent jurisdiction to be so severely impaired that the student is unable to make decisions or exercise judgment on his/her own behalf. When a student attains the age of 18, all rights accorded to parents concerning education records transfer to the eligible student.
4. "Parent" means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent or guardian provided that there shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless there is evidence of a state law or court order governing such matters as divorce, separation or custody or a legally binding instrument that specifically revokes such rights.
5. "Education Record" means information or data that directly relates to a student and is maintained by MSAD #34 in any medium, including but not limited to handwriting, print, computer media, video or audio tape, microfilm and microfiche. Records of instructional, supervisory and administrative personnel and personnel who support these individuals, which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a temporary substitute for the person who made the record are excluded from this definition.
6. "Student" includes any individual with respect to whom MSAD #34 maintains education records.
Annual Notification of Rights
Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. MSAD #34 may provide notice through any of the following means:
1. Mailing to students' homes;
2. Distribution to students to take home;
3. Publication in student handbooks and Code of Conduct.
4. Publication in newsletters or other materials distributed to each parent/eligible student.
Access to Policy and Administrative Procedures
MSAD #34’s policy on Student Education Records and Information shall be posted in each school. In addition, school administrators shall provide copies of this administrative procedure to parents/eligible students upon request.
Inspection and Review of Education Records
Parents/eligible students may review and inspect their educational records by the following procedure:
1. The parent/eligible student must make a written request to the Superintendent or building administrator to review the records.
2. The Superintendent or building administrator will comply with the request within a reasonable period of time, but in no case more than 45 calendar days after it received the request, and will comply before any PET meeting regarding an Individualized Education Program or any due process hearing relating to the identification, evaluation, or placement of the student.
3. The Superintendent or building administrator may deny a request for access to or copies of the student's education records if there is reasonable doubt as to the legality of the parent-child relationship. Access will be withheld until a determination of legal right to access can be established.
Parents/eligible students may also request to review the following:
1.MSAD #34’s list of types and locations of all records and titles of officials responsible for the
records.
2.MSAD #34’s record of disclosures of personally identifiable information (see following section).
Requests to Amend Education Records
Parents/eligible students may ask MSAD #34 to amend education records they believe are inaccurate, misleading or in violation of the student's privacy rights as follows:
1.The parent/eligible student must make a written request to the Superintendent or building administrator to amend the education record. The request must clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
2.The Superintendent or building administrator shall, within 15 calendar days of receipt of the request, either amend the record in accordance with the request or inform the parent/eligible student of its refusal to amend the record and inform the parent/eligible student of their right to request a hearing.
3.If the parent/eligible student requests a hearing, it shall be held within a reasonable period of time from MSAD #34’s receipt of the written request. The parent/eligible student shall be given advance notice of the date, place, and time of the hearing. The Superintendent shall designate an individual to conduct the hearing. This individual may be an employee of MSAD #34 so long as he/she does not have a direct interest in the outcome of the hearing. The parent/eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney.
4.MSAD #34 shall make its decision in writing within a reasonable period of time. The decision of the school shall include a summary of the evidence and the reasons for the decision.
5. If, as a result of the hearing, MSAD #34 decides that the information is inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall amend the education records of the student accordingly and so inform the parent/eligible student in writing.
6. If, as a result of the hearing, MSAD #34 decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the parent/eligible student of their right to include a statement in the student's education record about the contested information and/or setting forth any reasons for disagreeing with the decision of MSAD #34.
7. Any statement placed in the student's education record under the preceding paragraph shall be maintained as long as the record or contested portion is maintained by MSAD #34. If the education records of the student or the contested portion is disclosed by MSAD #34 to any party, the explanation shall also be disclosed.
Disclosure of Education Records
All disclosures of education records will be made in compliance with federal and state statutes and regulations. MSAD #34 will maintain a record of disclosures of personally identifiable information from the education records of a student. Such records do not include disclosures to the parents/eligible student, disclosures made pursuant to written consent of the parents/eligible student, disclosures to school officials or disclosures of directory information. MSAD #34 will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent/eligible student. The written consent shall include a specification of the records, which may be disclosed, the purpose(s) of the disclosure(s), and the identity of the party or parties to whom the disclosure(s) may
be made.
There are several exceptions to the requirement to obtain prior written consent before disclosing education records as follows:
1. Directory Information. MSAD #34 may make directory information (as described in the Definitions section) public at its discretion unless a parent/eligible student has notified the Superintendent in writing by October 1 or within thirty (30) days of enrollment, whichever is later.
MSAD #34 may disclose directory information about former students without the consent of the
parent/eligible student.
2. Military Recruiters/Institutions of Higher Education. Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and MSAD #34 must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent. Parents/eligible students who do not want MSAD #34 to disclose this information must notify the Superintendent in writing by October 1 or within thirty (30) calendar days of enrollment, whichever is later.
3. School Officials with Legitimate Educational Interests. Education records may be disclosed to school officials with a '"legitimate educational interest." A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by MSAD #34 as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); members of the Board of Directors; persons or companies with whom MSAD #34 has contracted to provide specific services (such as attorneys. auditors, medical consultants, evaluators or therapists); and parents, students or volunteers serving on an official committee (such as a
disciplinary or grievance committee) or assisting a school official in performing his/her professional responsibilities.
4. Other School Units. Under Maine law (20-A M.R.S.A. § 6001-8), MSAD #34 is required to send a student's education records to a school unit to which a student applies for transfer. Consent of the parent/eligible student is not required. At the request of the Superintendent of the school unit where a student seeks admission, the student's current or former school administrators shall provide, in a timely fashion, an oral or written report to the school unit indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding.
5. Other Entities/Individuals. Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.
6. Information on the Internet. Under Maine law (20-A M.R.S.A. § 6001), MSAD #34 shall not publish on the Internet any information that identifies a student, including but not limited the student's full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents' names, without written parental consent.
Waiver of Confidentiality Rights
A parent/eligible student may waive any of his/her rights regarding confidentiality of educational records, but any such a waiver must be in writing and signed by the parent/eligible student. MSAD #34 may not require that a parent/eligible student waive his or her rights.
Any waiver may be revoked with respect to actions occurring after the revocation. If a parent executes a waiver, that waiver may be revoked by the student any time after he/she becomes an eligible student.
Fees for Copying Records
There shall be no charge to search, retrieve, and copy education records of a student. MSAD #34 shall provide copies of education records to parents/eligible students upon request.
Maintenance and Destruction of Education Records
MSAD #34 shall maintain accurate and up-to-date education records as required by federal and state statutes and regulations.
1. Records shall be maintained by personnel who are knowledgeable about the applicable confidentiality. All records shall be safeguarded from unauthorized access. Student records must be kept in fireproof storage at the school or a duplicate set kept off-site.
2. The high school transcripts of all former students shall be kept in perpetuity by MSAD #34. A permanent record of a special education student's name, address, phone number, grades, attendance record, classes attended, and grade and year completed shall be maintained without time limitations. All other records will be maintained in accordance with Maine State Rules for Disposition of Local Governmental Records.
3. MSAD #34 shall not destroy any education record if there is any outstanding request to inspect or review such records.
4. Records of access to education records shall be retained as long as the records themselves.
5. MSAD #34 shall inform parents of students with disabilities when education records are no longer needed to provide educational services to the student or to demonstrate that the school has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parents/eligible student upon their request, or destroyed in accordance with the parent's request or school unit procedures.
Complaints
The United States Department of Education maintains an office that handles complaints about alleged violations of FERPA by local school units. Complaints regarding violations of rights accorded parents/eligible students may be submitted in writing to:
Family Policy Compliance Office
Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202
Legal Reference: 20 U.S.C. § 1232g; 34 C.F .R. Part 99
20 U.S.C. § 7908
20-A M.R.S.A. § 6001,6001-B
Maine Department of Education Rules, Chapters 101 and 125
Maine State Archives, Rules for Disposition of Local Governmental Records (Schedule L)
Adopted: January 27, 2004
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