Section J: Students
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File JA: Student Policies Goals
The student is the focal point and highest priority of all operations of a school system. Consequently, the School Committee can expect to spend much of its time in study, deliberation, and policy formulation on matters directly related to students.
The Committee and staff will work together to establish an environment conducive to the very best learning achievements for each student through meeting the following goals regarding students:
- To individualize the learning program in order to provide high expectations for each student according to his/her specific background, capabilities, learning styles, interests, and aspirations.
- To protect and observe the legal rights of students.
- To enhance the self-image of each student by helping him/her feel respected and worthy through a learning environment that provides positive encouragement through frequent success.
- To provide an environment of reality in which students can learn personal and civic responsibility for their actions through meaningful experiences as members of our learning community.
- To deal with students in matters of discipline in a just and constructive manner.
- To provide in every way possible for the safety, health, and welfare of students.
Legal references:
603 CMR 26:00
Adopted: March 27, 2013
Revised:
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File JB: Equal Educational Opportunities
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File JB:
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Monomoy Regional School District
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Equal Educational Opportunities
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In recognition of the diversified characteristics and needs of our students and with the keen desire to be responsive to them, the School Committee will make every effort to protect the dignity of the students as individuals. It also will offer careful consideration and sympathetic understanding of their personal feelings, particularly with reference to their race, color, sex, religion, gender identity, national origin, sexual orientation homeless status, or physical and intellectual differences.
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To accomplish this, the Committee and its staff will make every effort to comply with the letter and the spirit of the Massachusetts equal educational opportunities law (known as Chapter 622 of the Acts of 1971), which prohibits discrimination in public school admissions and programs.
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The law reads as follows:
No child shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and course of study of such public school on account of genetic information, ancestry, military status, housing status, race, color, sex, religion, national origin, sexual orientation, gender identity, disability, or traits historically associated with race, including, but not limited to hair texture, hair type, hair length, and protective hairstyles. Protective hairstyles includes but is not limited to braids, locks, twists, bantu knots, hair coverings, and other formations. -
This will mean that every student will be given equal opportunity in school admission, admissions to courses, course content, guidance, and extracurricular and athletic activities.
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All implementing provisions issued by the Board of Education in compliance with this law will be followed.
Legal references:
Title VI, Civil Rights Act of 1964
Title VII, Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972
Executive Order 11246, as amended by E.O. 11375
Title IX, Education Amendments of 1972
M.G.L. 76:5; 76:16 (Chapter 622 of the Acts of 1971)
Board of Education Chapter 622 Regulations Pertaining to Access to Equal
Educational Opportunity, adopted 6/24/75, amended 10/24/78
Board of Education, Chapter 766 Regulations 10/74 - amended through 3/28/78
603 CMR 26:00
Cross references:
AC, Nondiscrimination-
CROWN Act (Create a Respectful and Open World for Natural hair) July 26, 2022
Adopted: March 27, 2013
Revised: December 22, 2022 -
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File JEB: Entrance Age
In an attempt to permit children to enter kindergarten or first grade at the time most appropriate for them individually, the School Committee establishes the following policy on entrance age:
- Children who will be five years of age before September 1 of the school year during which they wish to enroll will be eligible to enter kindergarten in September.
However, those children whose fifth birthday falls between September 1 and December 1 will be evaluated by appropriate staff for readiness for school, and discussions will be held with parents if it is believed that the children would benefit were admission postponed until the following year.
The admission of children whose birthdays fall between September 1 and December 1 will be solely at the school's discretion. - Initial admission of children to the first grade (or other grades) will involve a consideration of both chronological age and the readiness of the children to do the work of those grades.
Legal references:
M.G.L. 15:1G
Board of Education Regulations for Entrance to First Grade and Kindergarten, adopted 7/20/71
Adopted: March 27, 2013
Revised:
- Children who will be five years of age before September 1 of the school year during which they wish to enroll will be eligible to enter kindergarten in September.
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File JF: School Admissions
All children of school age who reside in the Town of Harwich and Chatham will be entitled to attend the Monomoy Regional Schools, as will certain children who do not reside in the town but who are admitted under School Committee policies relating to nonresident students or by specific action of the School Committee.
Advance registration for prospective kindergarten students will take place on or about the last week of February. Every student seeking admission to school for the first time must present a birth certificate or equivalent proof of age acceptable to the Principal and proof of vaccination and immunizations as required by the state and the School Committee. Proof of residency of legal guardianship may also be required by the school administration.
Legal references:
M.G.L. 15:1G; 76:1; 76:5; 76:15; 76:15A
603 CMR 26:01; 26:02; 26:03
Cross references:
JLCA, Physical Examination of Students
JLCB, Inoculations of Students
JFBB, School Choice
Adopted: March 27, 2013
Revised:
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File JFABD: Homeless Students: Enrollment Rights and Services
File JFABD:
Monomoy Regional School District
Homeless Students: Enrollment Rights and Services
To the extent practical and as required by law, the district will work with homeless children and youth and unaccompanied youth 1 (collectively, "homeless students") as well as their families or legal guardians to provide stability in school attendance and other services provide stability in school attendance and other services. Special attention will be given to ensuring the enrollment and attendance of homeless students not currently attending school.
Homeless students will be provided district services for which they are eligible, including Head Start and comparable pre-school programs, Title I, similar state programs, special education, Educational programs for English learners; vocational and technical education programs, gifted and talented programs and school nutrition programs, summer programming and extracurricular activities.
Homeless students are defined as lacking a fixed, regular and adequate nighttime residence, including:
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Sharing the housing of other persons due to loss of housing or economic hardship, or similar reason
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Living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;
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Living in emergency or transitional shelters;
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Being abandoned in hospitals;
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Living in public or private places not designed for or ordinarily used as regular sleeping accommodations for human beings;
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Living in cars, parks, public spaces, abandoned buildings, substandard housing, transportation stations or similar settings;
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Migratory children living in conditions described in the previous examples.
Students Remaining in Schools of Origin
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It is presumed to be in the best interest of homeless students to remain in their schools of origin, i.e. the school that the student was attending at the time he or she became homeless, or the last school the student attended prior to becoming homeless. Homeless students may continue to attend their school of origin for as long as they remain homeless or until the end of the academic year in which they obtain permanent housing.
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For homeless students who complete the final grade level served by the school of origin, the term "school of origin" shall also include the receiving school in the same school district educating students at the next grade level.
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Homeless students are entitled to transportation comparable to that provided for all other students attending school in the district. The district will transport students who are sheltered or temporarily residing within the district to the students' school of origin.
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For homeless students attending a school of origin located outside the district in which the student is sheltered or temporarily residing, the district in which the school of origin is located will coordinate with the district in which the student is sheltered or temporarily residing to provide the transportation services necessary for the student, and these districts will divide the cost equally.
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Formerly homeless students who find permanent housing mid-school year will continue to receive transportation services until the end of the school year.
Students Enrolling in District Where Sheltered or Temporarily Residing
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Parents or guardians may elect to enroll homeless students in the school district in which the student is sheltered or temporarily residing, rather than having the student remain in the school of origin. Enrollment changes for homeless students should take place immediately.
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If homeless students are unable to provide written proof of their shelter or temporary residence in the district, the homeless liaison will work with the family seeking enrollment to determine homelessness.
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Information regarding a homeless student's living arrangement shall be considered a student education record, and not directory information. Records containing information about the homeless student's living arrangement may not be disclosed without the consent of the parent or satisfaction of another student-privacy related exemption.
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If the student does not have immediate access to immunization records, the student shall be permitted to enroll under a personal exception. Students and families should be encouraged to obtain current immunization records or immunizations as soon as possible, and the district liaison is directed to assist.
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Emergency contact information is required at the time of enrollment consistent with district policies, including compliance with the state's address confidentiality program when necessary.
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After enrollment, the district will immediately request available records from the student's previous school.
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Attendance rights by living in attendance areas, other student assignment policies, or intra and inter-district choice options are available to homeless families on the same terms as families who reside in the district.
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Accordingly, the district will provide transportation services to school in a manner comparable to the transportation provided for all other students in the district.
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The homeless education liaison ensures that each homeless student’s parent or guardian, and any unaccompanied youth, is fully informed of all transportation services, including transportation to and from the school of origin, and is assisted in accessing transportation to the school of origin.
Unaccompanied Homeless Youth
The Homeless liaison ensures that unaccompanied homeless youth are
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enrolled in school;
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have opportunities to meet the same challenging State academic standards as other children and youth; and
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are informed of their status as an independent students and are provided with verification of their status for FASFA.
Dispute Resolution
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If after conducting a best interest determination based on consideration of the presumption clause, and student-centered factors, the district determines it is not in the best interest to attend the school of origin or the school requested by the parent or guardian or (in the case of an unaccompanied youth) the youth:
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The student is immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals;
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The school provides the parent or guardian of the student, or unaccompanied homeless youth is provided with a written explanation of any decision related to school selection or enrollment made by the school, the district, or the state educational agency, including the right of the parent, guardian, or unaccompanied youth to appeal the decision;
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The student, parent, or guardian is referred to the homeless education liaison, who carries out the dispute resolution process prescribed by the Department of Elementary and Secondary Education and, in the case of an unaccompanied youth, ensures that the youth is immediately enrolled in the school the youth seeks enrollment pending resolution of the dispute;
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In the case of an unaccompanied youth, the local homeless liaison assists in placement or enrollment decisions giving priority to the views of the unaccompanied youth and provides notice to the youth of the right to appeal.
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The Massachusetts Department of Elementary and Secondary Education's Advisory on Homeless Education Assistance contains additional information about educating homeless students and the appeal process. This advisory is available at the following link: http://www.doe.mass.edu/mv/haa/mckinney-vento.docx
Homeless children and youth with disabilities
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For homeless children and youth who have IEPs or 504 plans the LEA shall coordinate the provision of programs for children with disabilities served by the LEA and other involved LEAs.
Parent Engagement
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The homeless education liaison ensures that parents and guardians of homeless students are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in their children’s education.
Homeless Liaison
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The Superintendent shall designate an appropriate staff person to be the district's liaison for homeless students and their families.
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The district's liaison for homeless students and their families shall coordinate with local social service agencies that provide services to homeless children and youths and their families; other school districts on issues of transportation and records transfers; and state and local housing agencies responsible for comprehensive housing affordability strategies.
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This coordination includes providing public notice of the educational rights of homeless students in locations such as schools, family shelters and soup kitchens.
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The district's liaison will also review and recommend amendments to district policies that may act as barriers to the enrollment of homeless students. The liaison shall ensure district staff receive professional development and other support on issues involving homeless students.
Foster Care
School Stability and School Selection: Best Interest Determination
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Maintain a child foster care’s enrollment in the school of origin, unless a determination is made that it is not in the child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
Immediate Enrollment of Foster Care Students
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When a determination is made that it is not in the child’s best interest to remain in the school of origin, ensure the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment. The enrolling school shall immediately contact the school last attended by that child to obtain relevant academic and other records.
Foster Care Point of Contact
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The Superintendent will esignate a district staff person as the foster care point of contact.
Transportation
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transportation to maintain children in foster care in their schools of origin will be provided, arranged, and funded for the duration of the time in foster care.
Military Connected Students
Data for State Report Card
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The district will collect and report information voluntarily shared about military status. [Each annual state report card is required to provide minimum information, including information on student achievement on the academic assessments at each level of achievement as determined by the state for all students and disaggregated subgroups, including students with the status as a child with a parent who is a member of the Armed Forces on active duty.
Educational Records and Enrollment
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If official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial education records containing uniform information as determined by the interstate commission.
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Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records, pending validation by the official records, as soon as possible.
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Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education records from the school in the sending state.
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Upon receipt of this request, the school in the sending state shall process and furnish the official education records to the school in the receiving state within 10 days or within the time as is reasonably determined under the rules promulgated by the interstate commission.
3. Compacting states shall give 30 days from the date of enrollment or within the time as is reasonably determined under the rules promulgated by the interstate commission for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations shall be obtained within 30 days or within the time as is reasonably determined under the rules promulgated by the interstate commission.
4. Students shall be allowed to continue enrollment at the grade level in the receiving state that is equal with the grade level from the local education agency in the sending state at the time of transition, regardless of age.
5. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state at the level validated by an accredited school in the sending state.
Placement and Attendance
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When a student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered and space is available.
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Course placement shall include, but not be limited to, honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This shall not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses.
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The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state.
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Such programs shall include, but not be limited to: (i) gifted and talented programs; and (ii) English as a second language programs. This shall not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
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In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. section 1400 et seq, the receiving state shall initially provide comparable services to a student with disabilities based on: (i) the student's current individualized education program; (ii) the requirements of section 504 of the Rehabilitation Act, 29 U.S.C. section 794; and (iii) title II of the Americans with Disabilities Act, 42 U.S.C. sections 12131-12165.
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The receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities,subject to an existing 504 or title II plan, to provide the student with equal access to education. This shall not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
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Local education agency administrative officials shall have flexibility in waiving course or program prerequisites or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.
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A student whose parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from or immediately returned from deployment to a combat zone or combat support posting, may be granted additional excused absences at the discretion of the local education agency superintendent to visit with that parent or legal guardian on leave or preparing for or returning from deployment.
Eligibility
(a) The following shall be required to be eligible for enrollment in the receiving state's school:
(1) special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient to enroll or take any other action requiring parental participation and consent under this compact;
(2) a local education agency shall not charge local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent; and
(3) a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the child was enrolled while residing with the custodial parent.
(b) State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines; to the extent the children are otherwise qualified.
Graduation
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To facilitate the on-time graduation of children of military families, local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial.
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Should a waiver not be granted to a student who would otherwise qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
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To facilitate the on-time graduation of children of military families, receiving states may accept exit or end-of-course exams required for graduation from the sending state or national norm-referenced achievement tests or alternative testing, in lieu of testing requirements for graduation in the receiving state; require the student to take scheduled exit test in the receiving state, if the student is able to take the tests prior to the end of grade 12; or accept evidence or information from the sending or receiving district that demonstrates that the student has met the receiving state's graduation standard, either through a transcript of courses taken and grades received from the sending and or receiving district; a portfolio of work samples for the student that addresses the required high school standards; standardized norm-referenced test results in the subject required by the receiving state for graduation; or other relevant information.
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To facilitate the on-time graduation of children of military families, should a military student transferring at the beginning or during grade 12 be ineligible to graduate from the receiving local education agency after all alternatives in subsection (b) have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency if the student meets the graduation requirements of the sending local education agency. In the event that either the transferring or receiving state is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student under subsections (a) and (b).
Legal references:
M.G.L. Chapter 15E. Sec. 6
Massachusetts Guidance on the Military Interstate Children’s Compact Commission
Title I, Part C
No Child Left Behind Act, 2002
The McKinney-Vento Act and Title I, Part A, as Amended by the Every Student Succeeds Act of 2015
SOURCE: MASC - Reviewed 2021
M.G.L. Chapter 15E. Sec. 4
Adopted: March 27, 2013
Revised: 10/20/2022
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File JFABE Educational Opportunities for Military Children
File: JFABE
Monomoy regional School District
EDUCATIONAL OPPORTUNITIES FOR MILITARY CHILDREN
To facilitate the placement, enrollment, graduation, data collection, and provision of special services for students transferring into or out of the District because of their parents or guardians being on active duty in the U.S. Armed Services, the District supports and will implement its responsibilities as outlined in the Interstate Compact on Educational Opportunity for Military Children. The district believes it is appropriate to remove barriers to educational success imposed on children of military families resulting from frequent moves required by parents' or guardians' military deployment.
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Definitions
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Children of military families: School aged children, enrolled in kindergarten through 12th grade, in the household of an active-duty member of the uniformed service of the United States, including members of the National Guard and Reserve serving on active duty.
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Deployment: The period one month before the service members' departure from their home station on military orders through six months after return to their home station.
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Education(al) records: Official records, files, and data directly related to a student and maintained by the school including, but not limited to, records encompassing all the material kept in the student's cumulative folder.
B. Eligibility
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Eligible students are children of military families as well as the children of veterans who have been severely injured and medically discharged, and children of active-duty personnel who died on active duty. Children of retired active-duty personnel are also eligible to receive services for one year following the discharge due to severe injury, or the retirement or death of an active military parent. The Compact does not apply to children of inactive Guard or Reserves, veterans and retired personnel not included above, or U.S. Department of Defense personnel and other federal civil service employees and contract employees.
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The District's responsibilities to eligible students include the following:
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Sending schools must send either official or unofficial records with the moving students and District receiving schools must use those records for immediate enrollment and educational placement.
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Upon enrollment of an eligible student, the receiving school must request official records and the sending schools shall respond within 10 days with the records.
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Immunization requirements of the District may be met within 30 days from the date of enrollment (or be in progress).
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Receiving schools must initially honor placement of students in all courses from the sending school. These include, but are not limited to, Honors, International Baccalaureate, Advanced Placement, vocational-technical, and career pathway courses if those courses are offered in the receiving school and space is available. The receiving schools must also initially honor placement of like programs to those of the student in the sending state, including, but not limited to, Gifted and Talented programs, and English as a Second Language programs. Receiving schools are not precluded from performing subsequent evaluation to ensure the appropriate placement and continued enrollment of the student in courses and programs.
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In compliance with federal law, the district will assume financial and programmatic responsibility for the special education programs of students with existing IEPs drafted in other states.
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As appropriate, the District will exercise the right to waive prerequisites for all courses and programs, while also maintaining its right to re-evaluate the student to ensure continued enrollment, also as deemed appropriate.
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Students of active-duty personnel shall have additional excused absences, as necessary, for visitations relative to leave or deployment.
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An eligible student living with a noncustodial parent or other person standing in loco parentis shall be permitted to continue to attend the school in which he or she was enrolled while living with the custodial parent or guardian, without any tuition fee imposed.
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The District high school will accept exit or end-of-year exams required from the sending state, national norm-referenced tests, or alternate testing instead of testing requirements for graduation in the District (receiving state.) If this is not possible, the alternative provision of the Interstate Compact shall be followed to facilitate the on-time graduation of the student in accordance with Compact provisions.
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LEGAL REFS: M.G.L. Part I, Title II, Chapter 15E,
Interstate Compact on Educational Opportunity for Military Children
SOURCE: MASC - Updated 2021
Adopted 10/20/2022
Revised
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File JFBB: School Choice
File JFBB
Monomoy Regional School District
School Choice
It is the policy of this Monomoy Regional School District to admit non-resident students under the terms and conditions of the Interdistrict Choice Law (M.G.L. 76:12) and Intradistrict School Choice- MGL Part 1, Title XII, Chapter 76:12(B)
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The following conditions apply:
Admission through school choice is only open to residents of Massachusetts. See G.L. c. 76, § 12B(a) (definition of sending district). Additionally, a student must be a resident of Massachusetts to attend and to continue attending a receiving district through school choice.
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When admitting students through school choice under G.L. c.76, § 12B, school districts may not consider or discriminate based on race, color, religious creed, national origin, sex, gender identity, age, sexual orientation, ancestry, athletic performance, physical handicap, special need, academic performance, or proficiency in the English language. The statute requires a random selection process if there are more applications for admission than there are seats available G.L. c. 76, § 12B(j).
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When determining capacity for admission of school choice students by June 1st for the upcoming school year, the school committees will specify the schools and grades in which seats are available for non-resident students. See G.L. c. 76, § 12B(c).
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Not later than May first of every year, the school committee will submit a report to the Department of Elementary and Secondary Education stating:
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The capacity of each school for the following academic year.
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The number of students expected to attend each school in the following academic year.
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The number of additional seats therefore available to non-resident students.
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Rescinding a vote
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Rescinding an earlier vote to participate in school choice
If the new vote of the school committee occurs before June 1, it overrides the previous vote. Students who are already participating in the school choice program, or who were admitted prior to the new vote, have a right to continue attending school in the receiving district. If the new vote of the school committee occurs on or after June 1, it is ineffective and the district remains a school choice district for the upcoming school year.
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Rescinding an earlier vote to withdraw from school choice
Consistent with statutory presumption that all school districts will participate in school choice, a school committee may rescind an earlier vote to withdraw from school choice. The new vote to participate in school choice need not occur prior to June 1st.
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School committees may establish terms for accepting non-resident students; provided, however, that if the number of non-resident students applying for acceptance to said district exceeds the number of available seats, said school committee shall select students for admission on a random basis.
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Priority for school choice admission
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Sibling preference:
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Any sibling of a student already enrolled in the district shall receive priority for admission G.L. c. 76, § 12B
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Siblings are students who have a common parent, either biologically or legally.
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Intradistrict Choice Plan:
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Harwich or Chatham students have priority placement if there is a lottery for available seats at the elementary school in the town which they do not reside.
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Monomoy staff child preference:
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The Monomoy School Committee will give preference for admittance into the Monomoy School District under School Choice for children of employees of the Monomoy School District and employees of the Towns of Chatham and Harwich.
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The selection process must take place prior to July 1.
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Transportation is not provided for students attending another school district.
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The Superintendent has the discretion, in consultation with the administrative team, to admit children of Monomoy Regional School District employees and municipal employees working for the Town of Chatham or Town of Harwich outside of school choice under G.L. c. 76, § 12. In these special cases, Monomoy Regional School District is not eligible to receive school choice tuition for such students.
Legal references:
M.G.L. 71:6; 71:6A; 76:6; 76:12; 76:12B
Adopted: March 27, 2013
Revised: 5/27/2021; 8/9/2023
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File JH: Student Absences and Excuses
File: JH
Monomoy Regional School District
STUDENT ABSENCES AND EXCUSES
In accordance with State Law all school-aged students must attend school regularly. The School Committee considers regular school attendance essential for success in school. It does recognize, however, that Parents of children attending our schools should ensure their child(ren) attend school regularlty. have special rights as well as responsibilities, one of which is to ensure that their children attend school regularly,
Therefore, Students in the Monomoy Regional Schools may be excused temporarily from school attendance for the following reasons:
a. Illness or quarantine
b. Bereavement or serious illness in family
c. Weather so inclement as to endanger the health of the child
d. For Observance of major religious holidays
A child may also be excused for other exceptional reasons with prior approval of the principal.
A student's understanding of the importance of day-to-day school work is an important factor in the shaping of his/her character. Parents can help their children by refusing to allow them to miss school needlessly.
Accordingly, parents shall provide a written explanation for the absence and tardiness of a child. These shall be required in advance for types of absences where advance notice is possible.
In instances of chronic or irregular absence reportedly because of illness, the school administration may request a physician's statement certifying such absences to be justifiable. Chronic absenteeism is categorized as 10% of the school year.
Other obligations concerning student absences and tardiness are delineated in the school handbooks and in School Attendance Regulations. Examples of resources that may be accessed if a student is chronically absent may include the following: referral to the Family Resource Center, soliciting support from the District Attorney’s Office, and as a last resort filing a petition of [1]“failure to send” or filing with the Department of Children and Family services. These measures are not meant to be punitive. It is the Districts intention to work with the family and the school to “develop creative problem solving methods for improving the child’s attendance.”
LEGAL REF.: M.G.L. 76:1; 76:16; 76:20
Adopted: March 27, 2013
Revised: January 31, 2019
[1] M.G.L 76:1 -
File JHD: Exclusions and Exemptions from School Attendance
Denial of Admission
Denial of admission means the withholding of the privilege of enrolling in a school of the District.
The following shall be the grounds for denial of admission to school or diversion to an appropriate alternative program:
Graduation from the twelfth grade of any school or receipt of any document evidencing completion of the equivalent of a secondary curriculum;
Failure to meet the requirements of age by a student who has reached the age of six years at a time after the beginning of the school year, as fixed by the School Committee as provided in Massachusetts General Laws;
Having been expelled during the same school year from this District or any district in the Commonwealth;
Not being a resident of the District and the District has opted not to participate in the School Choice Law;
Failure to comply with the provisions of the Massachusetts School Entry Immunization Law.
Legal references:
M.G.L. 71:37H; 76:12; 76:12A; 76:12B
603 CMR 26:00
Adopted: March 27, 2013
Revised:
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File JI: Student Rights and Responsibilities
The School Committee has the responsibility to afford students the rights that are theirs by virtue of guarantees offered under the federal and state constitutions and statutes. In connection with rights, there are responsibilities that must be assumed by students.
Among these rights and responsibilities are the following:
- Civil rights--including the rights to equal educational opportunity and freedom from discrimination; the responsibility not to discriminate against others.
- The right to attend free public schools; the responsibility to attend school regularly and to observe school rules essential for permitting others to learn at school.
- The right to due process of law with respect to suspension, expulsion, and decisions the student believes injure his rights.
- The right to free inquiry and expression; responsibility to observe reasonable rules regarding these rights.
- The right to privacy, which includes privacy with respect to the student's school records.
It is the School Committee's belief that as part of the educational process students should be made aware of their legal rights, and of the legal authority of the School Committee to make and delegate authority to its staff to make, rules regarding the orderly operation of the schools.
Students have the right to know the standards of behavior that are expected of them, and the consequences of misbehavior.
The rights and responsibilities of students, including standards of conduct, will be made available to students and their parents through handbooks distributed annually.
Legal references:
M.G.L. 71:37H; 71:82 through 71:86
Adopted: March 27, 2013
Revised:
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File JIB: Student Involvement in Decision Making
File: JIB
Monomoy Regional School District
STUDENT INVOLVEMENT IN DECISION-MAKINGAs appropriate to the age of students, class or school organizations and school government organizations, such as student councils, may be formed to offer practice in self-government and to serve as channels for the expression of students´ ideas and opinions.
The Committee will take into consideration student opinions in establishing policies that directly affect student programs, activities, privileges and other areas of student sensitivity.
Students will be welcomed at Committee meetings and granted privileges of speaking in line with the privileges extended to the general public.
Student Advisory Committee
As required by state law, the Committee will meet at least once every other month while school is in session with its student advisory committee, which is composed of five students elected by the high school student body.
The members of such student advisory committees shall, by majority vote prior to the first day of June in each year elect from their number a chairperson who shall serve for a term of one year. The chair of the student advisory committee shall be an ex-officio non-voting member of the School Committee without the right to attend executive sessions unless such right is expressly granted by the School Committee. Said chairperson shall be subject to all school committee rules and regulations and shall serve without compensation.
LEGAL REF.: M.G.L. 71:38M
CROSS REF.: BDF, Advisory Committees to the School Committee
Adopted: May 2013Revised: 7/14/2021
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File JIBA: Student Government
Such modes and procedures of student self-government shall be established in classrooms and schools as are appropriate to students' maturity and instructional level for purposes of learning democratic procedures and ways of solving group problems. However, students shall not be assigned decisions, particularly those involving individual students, for which teachers, administrators, and the Committee are held legally responsible. Such decisions include, among many, all forms of disciplinary action, with the exception of certain extracurricular activity privileges.
In keeping with the above statement, organizations set up for student government shall be democratically elected, meetings shall be held at such times that all elected members are free from classes to attend, and the minutes of all meetings shall be posted for the entire student body.
The administration and Student Council of any school shall keep channels of communication open, not only between themselves, but between all students and the Council. The administration shall set up channels through which representatives of Student Councils may communicate with the Committee.
Adopted: March 27, 2013
Revised:
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File JICA: Student Dress Code
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File JICA:
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Monomoy Regional School Committee
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Student Dress Code - DRAFT
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The responsibility for the dress and appearance of the students will rest with individual students and parents/guardians/caregivers.
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They have the right to determine how the student will dress providing that attire is not destructive to school property, complies with requirements for health and safety, and does not cause disorder or disruption. The administration is authorized to take action in instances where individual dress does not meet the stated requirements.
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This does not mean that student, faculty, or parent groups may not recommend appropriate dress for school or special occasions. It means that students will not be prevented from attending school or a school function, or otherwise be discriminated against, so long as their dress and appearance meet the requirements set forth above.
LEGAL REF.: Acts of 2022, Chapter 117 -AN ACT PROHIBITING DISCRIMINATION BASED ON NATURAL AND PROTECTIVE HAIRSTYLES
M.G.L. 71:83
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Adopted: March 27, 2013
Revised: 5/14/20, 5/25/23
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File JICC (also EEAEC): Student Conduct on School Buses
The School Committee and its staff share with students and parents the responsibility for student safety during transportation to and from school. The authority for enforcing School Committee requirements of student conduct on buses will rest with the Principal.
To ensure the safety of all students who ride in buses, it may occasionally be necessary to revoke the privilege of transportation from a student who abuses this privilege.
Parents of children whose behavior and misconduct on school buses endangers the health, safety, and welfare of other riders will be notified that their children face the loss of transportation privileges in accordance with regulations approved by the School Committee.
Specific codes of conduct are contained within the student handbooks.
Adopted: March 27, 2013
Revised:
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File JICE: Student Publications
Within the school setting, students enjoy the constitutional right of freedom of expression, including the right to express their views in student publications, provided such expression does not cause, or threaten to cause by reasonable forecast by school officials, any disruption or disorder in the school.
Additionally, such constitutional right of freedom of expression does not include expression which is obscene, defamatory, or advocates violence or illegality where such advocacy is imminently likely to incite the commission of such acts to the detriment of school security, or which can reasonably be forecast to cause substantial disruption or material interference with school activities.
The School Committee will at least annually review their support of student publications, and encourage student publications not only because they offer an educational activity through which students gain experience in reporting, writing, editing, and understanding responsible journalism, but also because they provide an opportunity for students to express their views subject to the limitations as contained in this policy.
Student publications will be encouraged to comply with the rules for responsible journalism. Students shall affix their names to all articles or editorials written by or contributed to by them. The Superintendent will establish guidelines that are in keeping with this policy and provide for review of student publications prior to their distribution, to address matters that are not protected forms of expression.
Each student publication shall contain the following: "Pursuant to state law, no expression made by students in the exercise of such rights shall be deemed to be an expression of school policy and no school officials shall be held responsible in any civil or criminal action for any expression made or published by the students."
Distribution of Literature
The time, place and manner of distribution of literature will be reasonably regulated by the Principal.
Legal references:
M.G.L. 71:82
Adopted: March 27, 2013
Revised:
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File JICFA-E: Hazing
CH. 269, S.17. Crime of Hazing; Definition; Penalty
Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or by both such fine and imprisonment.
The term "hazing" as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or
forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation. Notwithstanding any other provisions of this section to be contrary, consent shall not be available as a defense to any prosecution under this action.CH. 269, S.18. Duty to Report Hazing
Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable.
Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.
CH. 269, S.19. Hazing Statutes to be Provided; Statement of Compliance and Discipline Policy Required
Each secondary school and each public and private school or college shall issue to every group or organization under its authority or operating on or in conjunction with its campus or school, and to every member, plebe, pledge or applicant for membership in such group or organization, a copy of this section and sections seventeen and eighteen. An officer of each such group or organization, and each individual receiving a copy of said sections seventeen and eighteen shall sign an acknowledgment stating that such group, organization or individual has received a copy of said sections seventeen and eighteen.
Each secondary school and each public or private school or college shall file, at least annually, a report with the regents of higher education and in the case of secondary schools, the Board of Education, certifying that such institution has complied with the provisions of this section and also certifying that said school has adopted a disciplinary policy with regards to the organizers and participants of hazing.
The Board of Regents and, in the case of secondary schools, the Board of Education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such a report.
Adopted: March 27, 2013
Revised:
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File JICFA: Prohibition of Hazing
In accordance with Massachusetts General Laws, Chapter 536 of the Acts of 1985, the School Committee hereby deems that no student, employee or school organization under the control of the School Committee shall engage in the activity of hazing a student while on or off school property, or at a school sponsored event regardless of the location. No organization that uses the facilities or grounds under the control of the School Committee shall engage in the activity of hazing any person while on school property.
Any student who observes what appears to them to be the activity of hazing another student or person should report such information to the Principal including the time, date, location, names of identifiable participants and the types of behavior exhibited. Students and employees of the District are obligated by law to report incidents of hazing to the police department.
Any student who is present at a hazing has the obligation to report such an incident. Failure to do so may result in disciplinary action by the school against that student and could involve suspension from school for up to three days.
Any student who participates in the hazing of another student or other person may, upon the approval of the Superintendent of Schools, be suspended from school for up to ten (10) school days.
Any student determined by the Principal to be the organizer of a hazing activity may be recommended for expulsion from school but will receive no less disciplinary action than that of a participant.
In all cases relating to hazing, students will receive procedural due process.
Legal references:
M.G.L. 269:17, 18, 19
Adopted: March 27, 2013
Revised:
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File JICFB: Bullying Prevention
File JICFB
Monomoy Regional School District
Bullying Prevention and Intervention - Final Draft
The Monomoy Regional School District expects that all members of the school community will treat each other in a civil manner and with respect for differences.
The Monomoy Regional Schools are committed to maintaining a school environment where students are free from bullying and cyber-bullying and the effects thereof. This commitment is an integral part of our comprehensive efforts to promote learning, and to prevent and eliminate all forms of bullying and other harmful and disruptive behavior that can impede the learning process.
Acts of bullying and cyber-bullying are prohibited:
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on school grounds, property immediately adjacent to school grounds, at a school-
sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by the school district; or through the use of technology or an electronic device owned, leased or used by the school district and;
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at a location, activity, function or program that is not school-related, or through the
use of technology or an electronic device that is not owned, leased or used by the school district, if the acts create a hostile environment at school for the target, infringes on the rights of the target at school or materially and substantially disrupts the education process or the orderly operation of a school.
Retaliation against a person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying also is prohibited.
We recognize that certain students may be more vulnerable to become targets of bullying, harassment, or teasing based on actual or perceived characteristics, including race, color, religion, ancestry, national origin, sex, socioeconomic, status, homelessness, academic status, gender identity or expression, physical appearance, or sensory, disability, or by association with a person who has or is perceived to have one or more of these characteristics. The district will identify specific steps it will take to create a safe, supportive environment for vulnerable populations in the school community, and provide all students with the skills, knowledge, and strategies to prevent or respond to bullying, cyber-bullying, harassment, retaliation or teasing.
- Definitions
Aggressor is a student or a member of a school staff including but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to extra-curricular or paraprofessional who engages in bullying, cyberbullying, or retaliation towards a student.
Bullying as defined in M.G.L. c. 71, § 37O, is the repeated use by one or more students or members of a school staff of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a target that:
i. causes physical or emotional harm to the target or damage to the target’s property;
ii. places the target in reasonable fear of harm to himself or herself or of damage to his or
her property;
iii. creates a hostile environment at school for the target;
iv. infringes on the rights of the target at school; or
v. materially and substantially disrupts the education process or the orderly operation of
a school.
Cyberbullying is bullying through the use of technology or electronic devices such as telephones, cell phones, computers, and the Internet. It includes, but is not limited to, email, instant messages, text messages, and Internet postings. See M.G.L. c. 71, § 37O for the legal definition of cyberbullying.
Hostile environment as defined in M.G.L. c. 71, § 37O, is a situation in which bullying causes the school environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to alter the conditions of a student’s education.
Retaliation is any form of intimidation, reprisal, or harassment directed against a student who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying.
School Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, support staff, or paraprofessionals.
Target is a student against whom bullying, cyberbullying, or retaliation has been perpetrated.
Bullying and Retaliation Are Prohibited and Will Lead to Discipline
The Monomoy Regional School District absolutely prohibits bullying, cyber-bullying and retaliation as defined above. Students or staff who engage in bullying or retaliation will be subject to disciplinary action; however, disciplinary action taken must balance the need for accountability with the need to teach appropriate behavior. The range of disciplinary action includes but is not limited to, one or more of the following: verbal warnings, written warnings, reprimands, detentions, short or long-term suspensions, or expulsions from school as determined by the school administration and/or school committee, subject to applicable procedural requirements. Nothing in this policy is intended to prevent the school administration and/or school committee from taking disciplinary action against a student for conduct that does not meet the definition of bullying or cyberbullying, as defined above, but nevertheless is inappropriate for the school environment.
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Leadership
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Public involvement in developing the Plan. As required by M.G.L. c. 71, § 37O, the District will develop the plan in consultation with teachers, school staff, professional support personnel, school volunteers, administrators, community representatives, local law enforcement agencies, students, parents/guardian/caregiver . Consultation will include public notice and a public comment period before the Plan is adopted by the School Committee. All interested parties will be invited to review the policy by either attending scheduled policy sub-committee meetings, input through email, or through a survey mechanism.
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Assessing needs and resources. At least once every four years, the District will administer a student survey to assess school climate and the prevalence, nature, and severity of bullying in our schools. Additionally, the school or district will annually report bullying incident data to the Department of Elementary and Secondary Education. An annual report will also be provided to the school committee.
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Planning and oversight. The Bullying Prevention and Intervention Plan (“Plan”) is a comprehensive approach to addressing bullying and cyberbullying, and the district is committed to working with students, staff, families, law enforcement agencies, and the community to prevent issues of violence. In consultation with these constituencies, we have established this Plan for preventing, intervening, and responding to incidents of bullying, cyberbullying, and retaliation. The principal is responsible for the implementation and oversight of the Plan except when a reported bullying incident involves the principal or the assistant principal as the alleged aggressor. In such cases, the Superintendent or designee shall be responsible for investigating the report, and other steps necessary to implement the Plan, including addressing the safety of the alleged target. If the Superintendent is the alleged aggressor, the School Committee, or its designee shall be responsible for investigating the report, and other steps necessary to implement the Plan, including addressing the safety of the alleged victim.
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Training and Professional Development
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Annual staff training. Annual training for all school staff on the Plan will include staff duties under the Plan, an overview of the steps that the principal or designee will follow upon receipt of a report of bullying or retaliation, and an overview of the bullying prevention curricula to be offered at all grades throughout the school or district. Staff members hired after the start of the school year are required to participate in school-based training during the school year in which they are hired, unless they can demonstrate participation in an acceptable and comparable program within the last two years.
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Ongoing professional development. The goal of professional development is to establish a common understanding of tools necessary for staff to create a school climate that promotes safety, civil communication, and respect for differences. Professional development will build the skills of staff members to prevent, identify, and respond to bullying. As required by M.G.L. c. 71, § 37O, the content of schoolwide and district wide professional development will be informed by research and will include information on:
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developmentally (or age-) appropriate strategies to prevent bullying;
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developmentally (or age-) appropriate strategies for immediate, effective interventions to stop bullying incidents;
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information regarding the complex interaction and power differential that can take place between and among an aggressor, target, and witnesses to the bullying;
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research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment;
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information on the incidence and nature of cyberbullying; and
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Internet safety issues as they relate to cyberbullying.
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Professional development will also address ways to prevent and respond to bullying or retaliation for students with disabilities that must be considered when developing students’ Individualized Education Programs (IEPs). This will include a particular focus on the needs of students with autism or students whose disability affects social skills development.
- Written notice to staff. Annual written notice of the relevant sections of the bullying prevention and intervention plan shall be provided to students and their parents/guardian/caregiver, in age-appropriate terms. Annual written notice of the bullying prevention and intervention plan shall be provided to all school staff. The faculty and staff at each school shall be trained annually on the bullying prevention and intervention plan applicable to the school. Relevant sections of the bullying prevention and intervention plan relating to the duties of faculty and staff shall be included in the school employee handbook. The bullying prevention and intervention plan shall be posted on the Monomoy Regional Schools website.
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ACCESS TO RESOURCES AND SERVICES
A key aspect of promoting positive school climates is ensuring that the underlying emotional needs of targets, student aggressors, families, and others are addressed.
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Counseling and other services. Based on the needs counseling or referral to appropriate services for student aggressors, targets, and family members of those students will be provided. Additional services or supports will be assessed based on the students needs. This may include additional instruction, social skills groups, or other appropriate supports and services.
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Students with disabilities. As required by M.G.L. c. 71B, § 3, as amended by Chapter 92 of the Acts of 2010, when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying, harassment, or teasing because of his/her disability, the Team will consider what should be included in the IEP to develop the student's skills and proficiencies to avoid and respond to bullying, harassment, or teasing.
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Referral to outside services. If additional supports and services are needed, the school will refer the family to appropriate community agencies to support the needs of the student and family.
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Academic and Non-Academic Activities
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Specific bullying prevention approaches. Bullying prevention curricula will be informed by current research. The curriculum will include addressing the aggressor, target, and bystander (if applicable). Initiatives will also teach students about the student-related sections of the Bullying Prevention and Intervention Plan.
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Policies and Procedures for Reporting and Responding to Bullying and Retaliation
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Reporting bullying or retaliation. Reports of bullying or retaliation may be made by staff, students, parents/guardian/caregivers or others, and may be oral or written. Oral reports made by or to a staff member shall be recorded in writing. A school or district staff member is required to report immediately to the principal or designee or to the superintendent or designee when the principal or assistant principal is the alleged aggressor or to the school committee or designee when the superintendent is the alleged aggressor, any instance of bullying or retaliation the staff member becomes aware of or witnesses. Reports made by students, parents/guardians/caregivers or other individuals who are not school or district staff members, may be made anonymously. The school or district will make a variety of reporting resources available to the school community including, but not limited to, an Incident Reporting Form, a voicemail box, a dedicated mailing address, and an email address.
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Reporting by Staff
A staff member will report immediately to the principal or designee, or to the superintendent or designee when the principal or the assistant principal is the alleged aggressor, or to the school committee or designee when the superintendent is the alleged aggressor when he/she witnesses or becomes aware of conduct that may be bullying or retaliation. The requirement to report as provided does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school or district policies and procedures for behavior management and discipline.
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Reporting by Students, Parents/Guardians/Caregivers, and Others
The district expects students, parents/guardians/caregivers, and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the principal or designee, or superintendent or designee when the principal or assistant principal is the alleged aggressor. Reports may be made anonymously, but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report. A student who knowingly makes a false accusation of bullying or retaliation shall also be subject to disciplinary action. Students, parents/guardians/caregivers, and others may request assistance from a staff member to complete a written report. Students will be provided practical, safe, private, and age-appropriate ways to report and discuss an incident of bullying with a staff member, or with the principal or designee, or superintendent or designee when the principal or assistant principal is the alleged aggressor.
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Responding to a report of bullying or retaliation
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Safety: Before fully investigating the allegations of bullying or retaliation, the principal or designee will take steps to assess the need to restore a sense of safety to the alleged target and/or to protect the alleged target from possible further incidents. Responses to promote safety may include, but not be limited to, creating a personal safety plan; pre-determining seating arrangements for the target and/or the aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a “safe person” for the target; and altering the aggressor’s schedule and access to the target. The principal or designee will take additional steps to promote safety during the course of and after the investigation in order to protect anyone who reports bullying, provides information relating to an investigation of bullying, or witnesses and/or provides reliable information regarding an act of bullying, as necessary.
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The principal or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation, a student who has witnessed bullying or retaliation, a student who provides information during an investigation, or a student who has reliable information about a reported act of bullying or retaliation.
C. Obligations to Notify Others
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Notice to parents/guardians/caregivers. The principal or designee will contact the parents/guardians/caregivers prior to any investigation. Upon determining that bullying or retaliation has occurred, the principal or designee will promptly notify the parents/guardians/caregivers of the target and the student aggressor of this, and of the procedures for responding to it. Notice will be consistent with state regulations at 603 CMR 49.00.
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Reporting to Local Law Enforcement: At any point after receipt of a report of bullying or retaliation, or during or after an investigation, if the school principal or designee has a reasonable basis to believe that the incident may involve criminal conduct, the school principal or designee will notify the local law enforcement agency. In addition, if an incident of bullying or retaliation occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in a local school district, charter school, non-public school, approved private day or residential school or collaborative school, the Superintendent of the Monomoy Regional School District or designee will notify local law enforcement ifs/he believes that criminal charges may be pursued. In making this determination, the principal will, consistent with the Plan and with applicable school or district policies and procedures, consult with the school resource officer, if any, and other individuals the principal or designee deems appropriate.
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Reporting to Administrator of Another School District or School: If the reported incident involves students from more than one school district, charter school, non-public school, approved private special education day or residential school, or collaborative school, the principal or designee first informed of the incident will promptly notify by telephone the principal or designee of the other school(s) of the incident so that each school may take appropriate action. All communications will be in accordance with state and federal privacy laws and regulations, and 603 CMR 49,00.
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Investigation
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The principal or designee will investigate promptly all reports of bullying or retaliation and, in doing so, will consider all available information known, including the nature of the allegation(s) and the ages of the students involved.
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The following are general guidelines for responding to a report of bullying or retaliation. The guidelines will be adapted as necessary to respond appropriately to the complaint.
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Pre-Investigation: Even before fully investigating allegations of bullying or retaliation, school personnel will consider whether there is a need to take immediate steps to support the alleged target and/or protect the alleged target from further potential incidents of concern. In taking any such action, however, the rights of both the alleged target and alleged aggressor must be considered.
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Written statement of the complaint: The investigator will seek to determine the basis of the complaint, gathering information from the complainant, including such matters as: what specifically happened, who committed the alleged acts, who was present or may have information about the events, when the events occurred (date, time of day), and where the events occurred.
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It is helpful to have these facts in writing. If age appropriate, the complainant may be asked to put the complaint in writing and to sign and date it. If the complainant cannot or chooses not to write a complaint, the investigator will record the allegations, read them to the complainant to confirm accuracy, and ask the complainant to sign the document. If the complainant cannot or chooses not to sign, the investigator may sign and date the document her/himself
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Interviews: Once the allegations of the complainant are established, the investigator will gather other evidence, which often involves interviews of the alleged aggressor and/or other witnesses. If appropriate, the investigator should remind the alleged aggressor and witnesses that retaliation against persons whom they believe might have reported the incidents or cooperated with the investigation is strictly prohibited and will result in disciplinary action.
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Confidentiality: The confidentiality of the complainant and the other witnesses will be maintained to the extent practicable given the school's obligation to investigate and address the matter.
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Determinations. School personnel must weigh all of the evidence objectively to determine whether the alleged events occurred and, if they did, whether the events constitute bullying or retaliation. The determination must be based upon all of the facts and circumstances and the perspective of a reasonable person. When applied to children, the "reasonable person" standard is generally "that of a reasonable person of like age, intelligence, and experience under like circumstances." See Ellison v. Brady, 924 F.2d 872 (9th Or. 1991).
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If bullying or retaliation is substantiated, the school will take steps reasonably calculated to prevent recurrence and ensure that the target is not restricted in participating in school or in benefiting from school activities. As with the investigation, the response will be individually tailored to all of the circumstances, including the nature of the conduct and the age of the students involved.
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In addition to taking disciplinary action, the following are examples of steps that may be taken to prevent the recurrence of bullying or retaliation;
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Holding parent/guardian/caregiver conferences;
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Transferring student's classroom or school;
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Limiting or denying student access to a part, or area, of a school;
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Enhancing adult supervision on school premises;
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Excluding from participation in school-sponsored or school-related
functions, after-school programs, and/or extracurricular activities;
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Providing relevant educational activities for individual students or groups of students. Guidance counselors and others in the school setting who have been trained in working with students on interpersonal issues may be helpful in providing such programs.
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Personalized Action Plan and directives for future conduct, including providing the target with a process for reporting any concerns about future conduct immediately. It is critical to involve the student in creating an action plan that involves a reporting process that works for that particular student.
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Arranging for communication between the parties, if appropriate, to assist them in resolving issues which have arisen between them. (Such an approach will be used cautiously since communication can sometimes exacerbate, rather than alleviate, the tai·get's concerns and since the conduct often involves an imbalance of power.)
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Providing counseling (or other appropriate services) or referral to such services for the target and/or the aggressor and/or for appropriate family members of said students.
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Closing the Complaint and Possible Follow-Up: School staff will promptly provide notice to the parent/guardian/caregiver of a target and an aggressor about whether or not the complaint was substantiated and, if substantiated, what action is being taken to prevent any further acts of bullying or retaliation. Specific information about disciplinary action taken generally will not be released to the target's parents/guardian/caregiver unless it involves a "stay away" or other directive that the target must be aware of in order to report violations.
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If appropriate, within a reasonable time period following closure of the complaint, the administrative staff or designee will contact the target to determine whether there has been any recurrence of the prohibited conduct.
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The district will retain a report of the complaint, containing the name of the complainant, the date of the complaint, investigator, school, a brief statement of the nature of the complaint, the outcome of the investigation, and the action taken.
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Taking Disciplinary Action: If the principal or designee decides that disciplinary action is appropriate, the disciplinary action will be determined on the basis of facts found by the principal or designee, including the nature of the conduct, the age of the student(s) involved, and the need to balance accountability with the teaching of appropriate behavior. Discipline will be consistent with the Plan and with the school’s or district’s code of conduct.
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Discipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA), which should be read in cooperation with state laws regarding student discipline.
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Promoting Safety for the Target and Others: The principal or designee will consider what adjustments, if any, are needed in the school environment to enhance the target's sense of safety and that of others as well. One strategy that the principal or designee may use is to increase adult supervision at transition times and in locations where bullying is known to have occurred or is likely to occur.
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Within a reasonable period of time following the determination and the implementation of intervention strategies and/or disciplinary action, the principal or designee will contact the target as well as any individuals who reported, witnessed, or provided information relative to an incident of bullying to determine whether there has been a recurrence of the prohibited conduct or if there has been any incidence of retaliation or intimidation. If so, the principal and appropriate support staff will determine whether additional corrective or supportive measures are needed and, if necessary, will work with appropriate school staff to implement them immediately.
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Collaboration with families:
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The District has a representative trained annually through MARC - Massachusetts Aggression Reduction Center on Bullying prevention.
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Parent/Guardian/Caregiver education and resources.
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The district will offer education programs for parents/guardians/caregivers that are focused on the parental/guardian/caregiver components of the anti-bullying curricula and any social competency curricula used by the district. The programs will be offered in collaboration with the PTO, School Councils, Special Education Parent Advisory Council, or similar organizations.
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Notification requirements.
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Each year the district will inform parents/guardians/caregivers of enrolled students about the anti-bullying curricula that are being used. This notice will include information about the dynamics of bullying, including cyberbullying and online safety.
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The school or district will send parents/guardians/caregivers written notice each year about the student-related sections of the Plan and the school's or district's Internet safety policy.
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All notices and information made available to parents/guardians/caregivers will be in hard copy and electronic formats, and will be available in the language(s) most prevalent among parents/guardians/caregivers.
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The district will post the Plan and related information on its website.
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Problem Resolution System
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Any parent/guardian/caregiver wishing to file a claim/concern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS). That information can be found at: http://www.doe.mass.edu/pqa, emails can be sent to compliance@doe.mass.edu or individuals can call 781-338-3700.
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Relationship to Other Laws
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Consistent with state and federal laws, and the policies of the district, no person shall be discriminated against in admission to a public school of any town or in obtaining the advantages, privilege and courses of study of such public school on account of race, color, religion, ancestry, national origin, sex, socioeconomic status, academic status, gender identity or expression, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics. Nothing in the Plan prevents the school or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected category under local, state, or federal law, or school or district policies.
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Massachusetts Prohibits Bias-Related Bullying and Harassment in Schools
The Massachusetts Anti-Bullying Law (G.L. c. 71, § 37O) and Student Anti-
Discrimination Act (G.L. c. 76, § 5) require schools to take steps to prevent bias-related bullying and harassment by students and respond effectively when it occurs. Bullying and harassment are similar, but not identical, types of misconduct. Bullying generally includes any repeated, targeted behavior that harms a student or disrupts the school environment. Although not all bullying is bias-related, bullying often stems from or involves bias, prejudice, or hate. Harassment is conduct that creates, or contributes to the creation of, an intimidating or hostile environment for a student because of their race, color, religion, national origin, sex, gender identity, or sexual orientation. Like bullying, harassment can take many forms, including verbal statements, online or social media activity, graffiti, and violent or threatening physical conduct. Unlike bullying, harassment does not have to be repeated or targeted at a particular victim. A single, severe hate incident may create an intimidating or hostile environment—so too may a series or pattern of incidents.
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Response to Hate and Bias Incidents Involving Students
The district will take prompt and effective action to address hate incidents involving
students. When a school receives notice of an alleged hate incident, it has a legal responsibility to investigate and to respond to any bullying or harassment that is found to have occurred. Because hate incidents may involve bullying, harassment, or both bullying and harassment, the district will ensure that the response complies with both the Anti-Bullying Law and the Anti-Discrimination Act. If the district determines that a hate incident does not rise to the level of bullying or harassment, the behavior that violates its code of conduct or other disciplinary rules will be addressed. The legal obligations imposed by the Anti-Bullying Law and the Anti-Discrimination Act are not limited by the physical boundaries of the school campus. Schools are responsible for addressing incidents that occur at school or school-related events, including activity on school buses to and from school or school-related events.
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The district will also evaluate whether a hate incident has created or contributed to an
intimidating or hostile school environment. Some misconduct that does not qualify as
bullying—for example, because it is not repeated—may still qualify as harassment that creates or contributes to an intimidating or hostile environment. Further, some misconduct that qualifies as bullying may also trigger responsibilities under the Anti-Discrimination Act. And a school’s responsibilities under the Anti-Discrimination Act may differ from its obligations under the Anti-Bullying Law.
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In addition, nothing in the Plan is designed or intended to limit the authority of the school or district to take disciplinary action or other action under M.G.L. c. 71, §§ 37H or 37H½, M.G.L. c. 71, §§41 and 42, M.G.L.c 76 § 5, or other applicable laws, or local school or district policies, or collective bargaining agreements, in response to violent, harmful, or disruptive behavior, regardless of whether the Plan covers the behavior.
LEGAL REF.: Title W, Section 703, Civil Rights Act of 1964 as amended
Federal Regulation 74676 issued by EEO Commission Title IX of the
Education Amendments of 1972 603 CMR 26.00 M.G.L. 71:370;
265:43,43A; 268: 13B; 269-.l 4A
Anti-discrimination Act and Title VI
REFERENCE: Massachusetts Department of Elementary and Secondary Education's
Model Bullying Prevention and Intervention Plan
Adopted: May 2013
Revised: May 27, 2021; April 28, 2022
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File JICG: Tobacco Use by Students
Smoking, chewing, or other use of tobacco products by staff, students, and members of the public shall be banned from all District buildings. All forms of tobacco use shall be prohibited on all District property. In addition, tobacco use by students is banned at all school-sponsored events, even though this
use does not take place on school grounds.Legal references:
M.G.L 71:37H
Adopted: March 27, 2013
Revised:
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File JICH: Alcohol, Tobacco/Nicotine, and Substance Use by Students
File: JICH
Monomoy Regional School District
Alcohol, Tobacco/Nicotine, and Substance Use by Students
The Monomoy Regional Committee aims to establish a school atmosphere which:
1) Educates students about awareness and understanding of the dangers inherent in the use of drugs and alcohol, including tobacco and/ or nicotine (for example, students should be made aware that tobacco use is the leading cause of preventable death in the United States);
2) Encourages students to take responsibility for their actions; and
3) Supports students and their families in the recognition of possible drug and alcohol use and treatment of student substance abuse.
All members of the Monomoy Regional School District community have the responsibility to conduct themselves in a way that demonstrates respect for all individuals and their rights, including the right to be free from exposure to, or the influences of, dangerous substances. Therefore, the use of alcohol, tobacco and/ or nicotine, marijuana, and any use of controlled substances without a valid medical prescription is prohibited during all curricular, extracurricular, school-sponsored, or school-related activity (both on and off campus), including sporting events and school provided transportation. Students are expected to arrive to all school-related activities free from the influences of all substances as described in this policy.
Substance abuse is a community-wide problem and must involve the community as a whole, including parents/ guardians, students, teachers, and other school staff members, if we are to be successful in educating, preventing, and treating substance use and related problems . Given the intent of the Monomoy Regional School District to protect the welfare and safety of our individual students and our school community, behaviors that could be the result of substance abuse will be openly confronted in order that all students may benefit from a drug-free environment.
Student Discipline
Individual schools will develop and publicize an appropriate discipline code for their specific grade levels. Each handbook shall contain procedures to ensure that no student shall be suspended or excluded from school for any reason without being afforded due process of law. In addition, each handbook shall make it clear to students and parents that school lockers and desks are the property of the Monomoy Regional School District and that students have no expectation of privacy in their lockers or desks, which may be opened by school personnel at any time. Additionally, the handbook should explain that all schools may be subjected to canine searches at the discretion of school administrators.
Students in possession of a controlled substance as defined by M.G.L. Chapter 94C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school, per M.G.L. Chapter 71, Section 37H. In addition to possible expulsion, students determined to be distributing illegal drugs on school property or at any school-related function will be referred to law enforcement.
When determining possible alcohol use or intoxication by a student at a school-related function the safety of the student is the primary concern. The purpose of having breath alcohol testing procedures available is as a deterrent to alcohol use.
Procedures relating to alcohol use at school-related events are as follows:
A. Administrators may determine possible student alcohol use by observing one or more of the following
indicators:
a. Slurred speech;
b. Unsteady gait;
c. Impaired motor control;
d. Smell of intoxicating liquor on breath, clothing or person;
e. Vomiting; and
f. Evidence of possession of alcohol.
B. If, based on one or more of the above indicators, the administrator determines that a student is
intoxicated or has used alcohol:
a. The student’s parent/ guardian will be notified and requested to take the student home;
b. Emergency help will be called if student is assessed to be at risk for alcohol poisoning or in need of medical assistance; and
c. The police will be notified.
C. If needed, the police will administer a breathalyzer test.
a. If the test is negative:
i. The student will be allowed to resume activity if the administrator does not suspect the use of other drugs; and
ii. His/her parent/guardian will be notified that the breathalyzer test was administered.
b. If a student who is suspected of being under the influence of alcohol or who is suspected of having consumed alcohol refuses the test:
i. The administrator will notify parents to pick up the student and detain the student until parent's arrival;
ii. The administrators will consider the refusal as comparable to being under the influence and will discipline the student in accordance with the school handbook; and
iii. Disciplinary action will be taken as indicated in the school handbook.
D. Emergency help will be called if student is assessed to be at risk for alcohol poisoning or in need of medical assistance.
E. If any student suspected of intoxication leaves the scene against the school official's request:
a. Police Department will be contacted immediately;
b. Parent/Guardian will be notified; and
c. Disciplinary action for intoxication will be taken as indicated in the school handbook.
Student Athletes
Students representing MRSD athletic teams are held to a high standard of conduct. The conduct of student athletes is governed by the rules established by the Massachusetts Interscholastic Athletic Association (“MIAA”) in addition to the rules established in their school handbooks, which provide that student athletes will be suspended from the team for an initial violation of the MIAA Chemical Health Rule, which provides as follows:\
“From the earliest fall practice date, to the conclusion of the academic year or final athletic event (whichever is latest), a student shall not, regardless of the quantity, use, consume, possess, buy/sell, or give away any beverage containing alcohol; any tobacco product; marijuana; steroids; or any controlled substance. This policy includes products such as “NA or near beer”. It is not a violation for a student to be in possession of a defined drug specifically prescribed for the student’s own use by his/her doctor.” MIAA Rule 62.1.
Pursuant to the school handbooks, the suspension will generally last for 12 weeks, but can, in some circumstances, be reduced to 6 weeks if the student athlete in question is in a school approved Healthy Choices program. For each violation of this policy, the student's name and information surrounding the incident will be given to the Principal, who will consider this as evidence that the student has violated this policy. The Principal may remove the student from the team for up to one year for violating this policy.
Verbal Screening Tool
The Monomoy Regional School District will utilize, in accordance with law, a verbal screening tool approved by DESE to screen students for substance abuse disorders. The tool shall be administered by trained staff on an annual basis at grades 7 and 9, and parents/ guardians shall be notified about the verbal screening prior to the beginning of these years. Parents/guardians shall have the right to opt out of the screening by providing written notice at any time prior to, or during, the screening.
All statements made by a student during a screening are confidential and shall not be disclosed without parent/ guardian consent, unless disclosure is otherwise required by state law or an immediate medical emergency. De-identified results shall be reported to the Department of Public Health within 90 days of the completion of the screening process.
This policy shall be posted on the Monomoy Regional School District website and notice shall be provided to all students and parents/ guardians of this policy in accordance with state law. The Monomy Regional School District shall file a copy of this policy with the Department of Elementary and Secondary Education.
LEGAL REF: M.G.L c. 71, §§ 37H, 37H1/2, 37H3/4, 96.
Adopted: March 27, 2013
Revised: June 27, 2018
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File JICHA: Breath Alcohol Testing Procedures
Alcohol use by a student is illegal and poses a serious threat not only to the student's own well-being, but also to the well-being of the entire school community. Alcohol use will not be tolerated during school hours, on school property, or at any school-sponsored activity or event during or after school hours. Students who violate the school policy on use, possession, sales or distribution may be subject to disciplinary action as set forth in the Student Handbook.
When determining possible alcohol use or intoxication by a student at a school-related function the safety of the student is the primary concern. An assessment of a student's suspected alcohol use may be aided by the use of a breath alcohol testing device which indicates the presence or absence of alcohol. The purpose of having breath alcohol testing available is as a deterrent to alcohol use.
Procedures
A. At school-sponsored events
- Administrators may determine possible student alcohol use without the aid of a breath alcohol testing device by observing one or more of the following
indicators:- Slurred speech
- Unsteady gait
- Impaired motor control
- Smell of intoxicating liquor on breath, clothing or person
- Vomiting
- Evidence of possession of alcohol
- If, based on one or more of the above indicators, the administrator determines that a student is intoxicated or has used alcohol:
- Parent/Guardian will be notified and requested to take the student home.
- Emergency help will be called if student is assessed to be at risk for alcohol poisoning or in need of medical assistance.
- The police will be notified.
- Disciplinary action will be taken as indicated in the High School Handbook.
- If a student is suspected of being under the influence of alcohol or is suspected of having consumed alcohol based on the indicators listed above, the administrator in charge may administer a breathalyzer test. If the student requests, the initial test will be done by a police officer.
- The administrator will check the calibration of the breath alcohol testing device according to instructions for use.
- The test will be administered in privacy in the presence of two staff, including the administrator in charge of the event.
- If test is positiveCO 1B AC) the student may request a maximum of two additional tests taken at least two (2) minutes apart. If these additional test are positive, the
- Parent/Guardian will be notified and requested to take student home.
- Emergency help will be called if student is assessed to be at risk for alcohol poisoning or in need of medical assistance.
- Disciplinary action will be taken as indicated in the High School Handbook and may result in suspension.
- The police will be notified.
- If the test is negative:
- The student will be allowed to resume activity if the administrator does not suspect the use of other drugs.
- His/her parent/guardian will be notified that the breathalyzer test was administered.
- If test is positiveCO 1B AC) the student may request a maximum of two additional tests taken at least two (2) minutes apart. If these additional test are positive, the
- If a student who is suspected of being under the influence of alcohol or who is suspected of having consumed alcohol refuses the test:
- The administrator will notify parents to pick up the student and detain the student until parent's arrival.
- The administrators will consider the refusal as comparable to being under the influence and will discipline the student in accordance with the High School Handbook.
- If any student suspected of intoxication leaves the scene against the school official's request:
- Police Department will be contacted immediately.
- Parent/Guardian will be notified.
- Disciplinary action for intoxication will be taken as indicated in the High School Handbook.
B. Student Athletes
Students representing High School athletic teams are held to a high standard of conduct The conduct of these student athletes is governed not only by rules established by the MIAA but also those established in the High School Student Handbook which states that a student will be removed from the team for thirty days for an initial violation of the MIAA Chemical Health Rule. Therefore, if a student athlete tests positive on a breathalyzer test during the screening at a school activity, the student's name will be given to the Principal who will consider this as evidence that the student has consumed alcohol and the Principal may then remove the student from the team.
Adopted: March 27, 2013
Revised:
- Administrators may determine possible student alcohol use without the aid of a breath alcohol testing device by observing one or more of the following
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File JICK Harassment of Students
File JICK
Monomoy Regional School District
HARASSMENT OF STUDENTS
Harassment of students by other students, employees, vendors and other third parties will not be tolerated in the Monomoy Regional School District. The alleged harassment must involve conduct that occurred within the school's own program or activity, such as whether the harassment occurred at a location or under circumstances where the school owned, or substantially controlled the premises, exercised oversight, supervision or discipline over the location or participants, or funded, sponsored, promoted or endorsed the event where the alleged harassment occurred, against a person in the United States.
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This policy is in effect while students are on school grounds, School District property or property within the jurisdiction of the School District, school buses, or attending or engaging in school sponsored activities.
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Harassment prohibited by the District includes, but is not limited to, harassment on the basis race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy, or pregnancy-related condition, homelessness, ancestry, ethnic background, national origin, traits historically associated with race, including, but not limited to, hair texture, hair type, hair length, and protective hairstyles. Protective hairstyles includes but is not limited to, braids, locks, twists, bantu knots, hair coverings, and other formations, or any other category protected by state or federal law.
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Students whose behavior is found to be in violation of this policy will be subject to disciplinary action up to and including suspension or expulsion pursuant to disciplinary codes. Employees who have been found to violate this policy will be subject to discipline up to and including, termination of employment, subject to contractual disciplinary obligations.
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Definitions
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Employee-to-Student Harassment means conduct of a written, verbal or physical nature that is designed to embarrass distress, agitate, disturb or trouble students when:
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Submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or of a student's participation in school programs or activities; or
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Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student.
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Student- to-Student Harassment means conduct of a written, verbal, or physical nature that is designed to embarrass, distress, agitate, disturb or trouble students, when:
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Such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating or hostile learning environment.
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Harassment as described above may include, but is not limited to:
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Written, verbal, or physical (including texting, blogging, or other technological methods) harassment or abuse;
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Repeated remarks of a demeaning nature;
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Implied or explicit threats concerning one's grades, achievements, or other school matter.
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Demeaning jokes, stories, or activities directed at the student.
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By law, what constitutes harassment is determined from the perspective of a reasonable person with the characteristic on which the harassment is based. Individuals should consider how their words and actions might reasonably be viewed by others.
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The District will promptly and reasonably investigate allegations of harassment through designation of Title IX Coordinator or building based employees, who may include principals or their designees. The superintendent will recommend, in consultation with the principals, opportunities to the designated recipients for appropriate training. Where it is determined that discrimination or harassment has occurred, the District will act promptly to eliminate the conduct and will impose developmentally appropriate disciplinary, restorative and/or corrective action.
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The District will respond promptly and reasonably investigate allegations of sexual harassment through designation of the Title IX Coordinator or building based employees to any reports or complaints of discrimination, including harassment and retaliation, or other violations of civil rights, pursuant to our detailed response protocol. Where it is determined that discrimination or harassment has occurred, the District will act promptly to eliminate the conduct and will impose developmentally- appropriate disciplinary, restorative, and/or corrective action.
LEGAL REF.: M.G.L. 151B:3A
Title IX of the Education Amendments of 1972
BESE 603 CMR 26:00
34 CFR 106.44 (a), (a)-(b)
34 CFR 106.45 (a)-(b) (1)
34 CFR 106.45 (b)(2)-(b)(3,4,5,6,7) as revised through June 2020
CROSS REF.: AC, Non-Discrimination Policy Including Harassment and Retaliation
SOURCE: MASC - December 2021
Adopted: 1/26/2023
Revised:
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File JIE: Pregnant Students
File JIE
Monomoy Regional School District
PREGNANT STUDENTS
The Monomoy Regional Schools wish to preserve educational opportunities for those students who may become pregnant and/or take on parenting responsibilities.
Pregnant students are permitted to remain in regular classes and participate in extracurricular activities throughout their pregnancy, and after giving birth are permitted to return to the same academic and extracurricular program as before the leave.
The Monomoy Regional Schools does not require a pregnant student to obtain the certification of a physician that the student is physically and emotionally able to continue in school.
The student and her physician, in cooperation with the school staff, will develop an appropriate educational plan if it is agreed she should no longer attend school regularly. For medical leave the student will be required to obtain a Physician’s Affirmation of Need for Temporary Home or Hospital Education for Medically Necessary Reasons for a period not less than fourteen school days in any school year,
Every effort will be made to see that the educational program of the student is disrupted as little as possible; that health counseling services, as well as instruction, are offered; that return to school after leave is encouraged; and that every opportunity to complete high school is provided.
LEGAL REFS.: M.G.L. 71:84
Title IX: 20 U.S.C. § 1681 34 CFR § 106.40(b)
Adopted by the MRSC March 27, 2013
Revised; January 31, 2019
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File JIH: Searches and Interrogations
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File JIH:
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Monomoy Regional School District
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Searches and Interrogations
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Searches by Staff
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The right of inspection of students' school lockers is inherent in the authority granted school committees and administrators.
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This authority may be exercised as needed in the interest of safeguarding children, their own and school property.
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Nevertheless, exercise of that authority by school officials places unusual demands upon their judgment so as to protect each child's constitutional rights to personal privacy and protection from coercion and to act in the best interest of all students and the schools.
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Searches by school officials of students' automobiles or the student will be conducted in a way that protects the students' rights consistent with the responsibility of the school system to provide an atmosphere conducive to the educational process.
Interrogations by Law Enforcement Officials
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The schools have legal custody of students during the school day and during hours of approved extracurricular activities.
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It is the responsibility of the school administration to make an effort to protect each student's rights with respect to interrogations by law enforcement officials. Therefore:
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When law enforcement officials find it necessary to question students during the school day or periods of extracurricular activities, the school Principal or his/her designee will be present when possible.
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An effort will be made to contact the student's parent or guardian so that the responsible individual may be notified of the situation.I
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If custody and/or arrest are involved, the Principal will request that all procedural safeguards, as prescribed by law, be observed by the law enforcement officials.
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The District has a memorandum of Understanding with the local police departments related to these matters.
Adopted: March 27, 2013
Revised:5/25/2023 -
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File JII: Student Complaints and Grievances
File: JII
Monomoy Regional School District
STUDENT COMPLAINTS AND GRIEVANCES
The School Committee recognizes that there may be conditions in the school system that are in need of improvement and that students should have some means by which their concerns may be effectively expressed, considered, and dealt with fairly. Such means, if well conceived and understood in advance, can do much to maintain harmonious relationships among the schools and the students and community.
The traditional "open door" policy in the public school system will be continued. Students--and their parents and/or guardians--who believe that the students have received unfair treatment in the form of disciplinary action will have the right to appeal. Any applicable provisions of the Massachusetts General Laws or federal law will be followed by school officials in conducting hearings and reviews of student grievances. In general, appeals procedures will begin with the authority imposing the penalty (for example, Principal or teacher) and may ultimately be referred to the Superintendent and on to the School Committee, which possesses the ultimate authority for discipline in the school system.
Every attempt will be made to seek a satisfactory solution to any legitimate grievance in a supportive and informal manner. In order to keep such discussions within a practical size, no more than six student representatives will be permitted to participate with the Principal, staff members, or School Committee
members who may be involved.Legal references:
M.G.L. 76:17
CROSS REF: JIB, Student Involvement in Decision Making
JIC, Student Discipline
Adopted: March 27, 2013
Revised:
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File JJ: Co-Curricular and Extracurricular Activities
The School Committee believes that student activities are a vital part of the total educational program and should be used as a means for developing wholesome attitudes and good human relations and knowledge and skills. Therefore, the schools will provide a broad and balanced program of activities
geared to the various ages, interests, and needs of students.The following will serve as guides in the organization of student activities:
- The schools will observe a complementary relationship to the home and community, planning activities with due regard for the widespread and rich facilities already available to students.
- The assistance of parents in planning activity programs will be encouraged.
- The goal for each student will be a balanced program of appropriate academic studies and activities to be determined by the school, the parents, and the student. This should be a shared responsibility.
- Guidance will be offered to encourage participation of all students in appropriate activities and to prevent over-emphasis on extracurricular activities at the cost of academic performance.
- All activities will be supervised; all clubs and groups will have a faculty advisor.
A student being educated in a home-based program within the District may have access to public school activities of either a curricular or extracurricular nature upon approval of the Superintendent.
Legal references:
M.G.L. 71:47
603 CMR 26:06
Adopted: March 27, 2013
Revised:
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File JJA: Student Organizations
Student Organizations
Student organizations in the District shall be encouraged when they meet the criteria of contributing to student self-esteem and performance and should operate within the framework of state statutes, School Committee policies, and administrative procedures.
Each building Principal shall develop general guidelines for the establishment and operation of student organizations within the particular school. Among other provisions, such guidelines shall require the approval of the Principal prior to the formation of any club or organization in the school and the assignment of at least one faculty or designated adult advisor to each approved student organization.
Within such guidelines will be provisions for a periodic review of all student organizations. All student organizations shall be required to open membership to all interested and/or eligible students. Disruptive groups, secret societies, and/or gangs shall not receive recognition in any manner under this policy.
All forms of hazing in initiations shall be prohibited in a student organization. No initiation shall be held for a student organization which will bring criticism to the school system or be degrading to the student.
The faculty or designated adult advisor must attend every meeting of the student organization whether conducted on school premises or at another location.
Student Organizations - High Schools
The Principal is authorized to deny requests by unauthorized student organizations desiring to meet or form in a particular school, the Principal shall inform the group of the reasons for the denial. The students and/or group may submit a written request to the appropriate District administrator for review of the Principal's decision.
Legal references:
603 CMR 26.06
Adopted by the MRSC March 27, 2013
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File JJE: Student Fund-raising Activities
In general, the Committee disapproves of fund-raising in the community by students for school activities. Especially discouraged is the sale of goods produced by companies for profit, such as magazines, candy, and similar items.
Exceptions to this policy will be:
- Sale of tickets to scheduled athletic events and school dramatic and musical performances.
- Sale of advertising space in school publications.
- A fund-raising activity approved by the Principal.
- Proposals to raise funds for charitable purposes or for benefit of the school or community (for example: American Field Service activities, United Nations, or scholarship funds) provided such proposals have been individually approved by the building Principal and Superintendent.
No money collections of any kind may be held in the schools without the specific consent of the Principal. Principals will inform the Superintendent of ongoing fundraising activities.
Cross references:
JP, Student Gifts and Solicitations
KHA, Public Solicitations in the Schools
Adopted by the MRSC March 27, 2013
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File JJF (also DIB): Student Activity Accounts
File JJF
Monomoy Regional School District
Student Activity Accounts
- Student funds may be raised to finance the activities of authorized student organizations. Student activity funds are considered a part of the total fiscal operation of the District and are subject to policies established by the School Committee and the Office of the Superintendent. The funds shall be only for the benefit of students and managed in accordance with sound business practices, which include accepted budgetary, accounting, and internal control practices.
- Funds raised or donated that are governed by laws other than the student activity laws cannot be deposited to a student activity account. In addition, funds belonging to staff through sunshine funds or vending machines or other activities not related to the students may not be deposited in the student activity account.
- In compliance with Massachusetts General Law Chapter 71, Section 47:
- The School Committee authorizes the Principals to accept money for recognized student activity organizations.
- The School Committee authorizes the District Treasurer to establish and maintain Student Activity Agency Accounts.
- All funds received for student activities must be deposited into the Student Activity Agency Account and no funds shall be directly deposited to the Student Activity Checking Account except from the Student Activity Agency Account.
- The School Principal shall maintain individual subsidiary accounts by program within the student activity control account. This will allow proper matching of program expenditures against revenues that are collected for that purpose as well as allow for the efficient determination of the program balance.
- The School Committee shall approve each student activity annually before the start of the school year unless activities are newly created after the start of the school year. The approval should include specific funding sources and objectives for each activity.
- Signatory authorization for Student Activity Checking Accounts shall be restricted to the Superintendent or Treasurer.
- The interest that is earned on such accounts shall be maintained in the Agency Account.
- The School Committee directs Principals to provide the Treasurer with a bond in an amount agreeable to the Treasurer.
- The Treasurer will replenish the checking account as necessary to meet the approved expenditure from the Student Activity Accounts.
- Aggregate subsidiary account balances should be reconciled no less than quarterly to the agency account maintained by the Treasurer.
Internal Control of All Receipts
- Receipts generated from the sale of a high volume product such as the yearbook or admission to a highly attended event like the prom or other dance or ball, should be controlled through the use of pre-numbered receipts.
- A reconciliation process should be in place whereby pre-numbered receipts, tickets, attendance logs or other revenue source documents are reconciled to cash collected for particular activities prior to making a deposit in the bank. In the situation where it is impractical to use source documents, two people should count the cash and sign off on the process.
- The cash collection and deposit function should be segregated from the accounting and recording function. Standardized forms shall be used for deposits and disbursements.
- All student organizations receiving monies from any source should turn over such money to the School Principal or the Principal’s designee within twenty-four hours from receipt of such funds. (If received on the weekend then on the first business day after receipt of the funds).
- Any money not deposited on the same day must be kept overnight in a locked vault, safe, or other secured locked area - under no circumstance, should student activity monies be taken home overnight.
- All money turned over to the school by a student organization shall be accompanied by a school deposit slip stating the source of the monies, the amount being deposited, and signed by the person turning over the money to the office. If turned in by a student, this should be co-signed by the group advisor or a teacher, who should also keep a duplicate of the deposit slip.
- The School Principal or the Principal’s designee should deposit into the agency account all monies received from student activity organizations at a minimum on a weekly basis. Written evidence of receipt should be obtained from the District Treasurer.
- Interest earned by the student activity agency account shall be retained by the student activity fund.
- Money collected for purposes other than student activities shall not be deposited into the student activity account and must be handled by the MGL that governs its administration.
Disbursement of Funds
- Advance of funds should be avoided whenever possible. If it is anticipated that an advance is necessary, prior written approval must be obtained from the School Principal with detailed supporting documentation.
- Equipment and supplies purchased with student activity funds are the property of the student activity groups and not any individual student or other organization. Equipment and supplies purchased with student activity funds should be used exclusively for co curricular student activities and not for the general use of school operations.
- Student advisors, or others involved in purchasing, may not benefit personally from any purchasing either directly or indirectly.
- Student activity funds may not be used for any purpose unrelated to student activities or for the benefit of any staff person.
- All disbursements shall be made by check.
- Checks may not be written to cash.
- Checks shall be signed only after they are completely prepared.
- Check signature authority shall be in accordance with School Committee policy.
- Individuals responsible for writing checks should be segregated from the record keeping and reconciliation process; or assurances should be made that other mitigating controls are in place such as a monthly review of all activity by an independent responsible individual.
- All disbursements are required to have adequate external supporting documentation such as a vendor invoice, bill contract or receipt.
- A record of all checks will be maintained, including void checks. Numerical order of checks should be retained.
- Disbursements exceeding $600 in aggregate to any one individual or entity must be reviewed to determine if a Form 1099-MISC is required. Process should be coordinated with the District Accountant to ensure compliance.
- Checkbook reconciliations should be performed monthly.
- A standardized form should accompany all requests for check issuance. The standardized form shall be accompanied by the supporting documentation and must state to whom the check shall be payable, the reason for the payment, the amount of the check, the student activity account to be charged, and the approval signature of the advisor or student officer.
- If accounts are in deficit, a plan for remedial action will be presented to the School Committee for approval. Remedial action could include funding the deficit from School Committee appropriation, accumulated investment earnings, surpluses from inactive accounts, gifts from activities with a surplus balance (with approval of the advisor) or any other legal means.
Graduating Class Funds
- Funds held on behalf of graduating classes are to be held within the Student Activity Agency Account for the High School. Such funds shall be designated by the class' Year of Graduation, such as Class of 1998, etc.
- Once a class has graduated from High School, their funds should be removed from the High School Student Activity Agency Account no later than two years from the date of graduation. It is the responsibility of the class officers to arrange for these funds to be removed from the High School Activity Agency Account. When requested, and once all outstanding financial obligations of the graduating class have been met, the remaining balance should be removed from the fund by check transfer payable to the Class of XXXX. Checks payable to individual members of the graduating class are not permitted.
- Should the class officers not request to have their funds removed from the Student Activity Agency Account within two years of their graduation, the funds will be forfeited by the class and transferred into the Lighthouse Account (see lighthouse fund policy) in the Student Activity Agency Account.
- Class officers should be given a copy of this policy during the course of their senior year to ensure their knowledge of their obligations to perform under this policy.
Inactive Accounts
- Any student activity inactive for a period of two (2) years or more, and for which there has been no receipts or disbursements recorded on their behalf, shall require the following actions in order to be closed:
- Written notification by the advisor or student officer to the School Principal or other authorized administrator that the activity will cease to be a viable account. If an advisor or student officer is not available, such discontinuance shall be by vote of the School Committee.
- All assets of the recognized student activity shall be identified and stated in writing.
- Any disposition of assets of an inactive recognized student activity shall be deposited into a Student Activity Account named “Lighthouse” (See Lighthouse fund policy).
- Such policy will be communicated to the students who contribute to the accounts, when possible.
- Such policy will be communicated to the students who contribute to the accounts, when possible.
Student Travel
- A request for travel authorization and funding must be prepared well in advance of the time the funds are needed. The request should be submitted by the advisor or other person responsible for the activity trip; furthermore, the request should be approved by the School Principal in accordance with policy established by the School Committee.
- Travel Authorization Forms should contain at least the following:
- date of request,
- date funds needed,
- destination and purpose of trip, estimated departure and return times,
- number of persons traveling,
- estimate of cash required for tips and other various sundry items, ]
- estimate of expenses,
- signature of person requesting authorization,
- signature of person authorizing the request,
- check number and date of payment, and,
- signature of the School Principal.
- The approved travel authorizations are to be submitted to the School Principal or their designee to ascertain that sufficient funds are available.
- Approved Travel Authorization Forms should remain in a pending file until final accountability for the trip has been completed.
- It is understood that there may be occasions where a credit card must be used to pay for expenses.
- Documentation, including but not limited to credit card statements and original receipts must accompany the request for reimbursement for this expense. The reimbursement request should be received within 30 days of activity.
- A statement of final accountability must be submitted by the authorized trip sponsor promptly after the completion of the trip. Final accountability statements should include at least the following: date; notation of advance funds received (if applicable - amount, date, and check number); complete listing of itemized expenditures paid - together with documentary evidence of payment; totals of cash or checks expended; notation and totals of credit card or open account expenses (if applicable); the amount returned to the student activities if advances received exceed documented expenditures; the amount of additional reimbursement requested if travel expenses incurred exceed travel advances received; signature of person completing final accountability statement and signature of School Principal or their designee to indicate that there has been an acceptable final accountability.
Training
- The School Business Manager shall ensure that, annually, all Principals and student organizations receive a copy of this policy as well as a copy of established procedures for control of receipts and expenditures that meet or exceed DESE guidelines.
- An ongoing philosophy of the importance of handling money with care, honesty, and accuracy should be conveyed to the students, advisors and teachers through roundtable meetings and educational trainings.
- The School Business Office will be responsible for ensuring that all individuals responsible for the recording and reporting of financial transactions are adequately trained.
- The Business Office will also ensure that for critical positions in the student activity account process, sufficient staff are cross-trained in day to day transactions to ensure continuity of administration.
Annual Audit
- There shall be an annual audit of the student activity funds which shall be conducted in accordance with procedures as agreed upon between the School Committee and the auditor based upon guidelines issued by ESE.
- In addition, an audit be performed by an outside independent audit firm once every three years for those with activities greater than $25,000.
- In the intervening years, the audit may be conducted by the School Business Manager or District Treasurer, as long as they are not involved in the administration or transactional processing of student activities.
- The District Accountant will complete bank reconciliations monthly. A copy of the bank reconciliation should be sent to the School Business Administrator, School Principals, and District Treasurer. The School Principal will share the reconciliations with the student officers. The District Accountant, School Business Manager, and District Treasurer must approve the monthly reconciliations.
- The School Business Manager will report the student activity account balances to the school committee quarterly.
Adopted by the MRSC March 27, 2013
Approved by the MRSC November 18, 2015
Revised: 1/6/2022
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File JJF (LH) (also DIB) Student Activity Accounts - Lighthouse Fund
File JJF (LH)
Monomoy Regional School District
Student Activity Accounts - Lighthouse Fund
Purpose
- The Student Activity Lighthouse Fund is to be used by the school principal to benefit a group of students (with priority given to students in need) and activities that are not otherwise funded.
- A student activity lighthouse fund will be available for each school.
Revenue
- The following funds shall be deposited in the Lighthouse Fund:
- All undesignated student activity receipts, including student commissions (e.g. store donations, school pictures).
- Donations received by the district for the purpose of directly supporting students in need.
- Assets in inactive accounts (including graduation funds) as determined by Policy JJF.
- All aggregate earnings.
Disbursement
- Requisitions for purchases from student activity funds should indicate whether the funds are being used for ‘students in need’ or ‘other student activities’.
Controls
- The Student Activity Lighthouse funds are subject to the District’s Student Activity Accounts policy JJF (also DIB).
Reporting
- Quarterly finance reports to the school committee will provide a detailed report of all expenditures from the Lighthouse funds. This report will indicate if expenditure is to benefit students in need or to fund other student activities.
Adopted: 1/6/2022
Revised:
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File JJH-R: Student Travel Regulations
File JJH; IJOA; JJH-R
Monomoy Regional School District
Field Trips and Student Travel Domestic and International
Field/Day Trips
- Field trips are an extension of the school’s Standards Based Curriculum and are considered a regular school activity.
- All field trips will be approved by the Principal or designee. Field trips are defined as an observation for education, non-experimental research or to provide students with experiences outside their everyday activities away from the school facility and requires transportation
- The Superintendent will establish regulations to assure that:
- Students have parent/guardian permission for trips.
- All trips are properly supervised.
- All safety precautions are observed.
- All trips contribute substantially to the educational program.
Scheduling
- Whenever possible, trip schedulers should avoid planning student travel between the hours of midnight and 6:00 a.m.
- Non-academic field trips are considered “optional school programs” and do not count toward meeting structured learning time requirements. (Refer to the Massachusetts Department of Education publication Student Learning Time Regulations Guide).
- Trip itineraries must leave enough time for drivers to rest in conformity with federal hour-of- service requirements and common sense.
- Trip scheduling should take into account the likelihood of delays due to weather, traffic, stragglers, and other unanticipated factors.
- If substantially all members of a class are participating in a trip, the school will provide appropriate substitute activities for any students not participating.
Extended/Overnight/Travel Abroad
- All student trips beyond a two and half hour drive or overnight/abroad travel (between midnight and 5:00 am) must have prior approval of the School Committee.
- All extended trips and excursions, except those required for student participation in tournament competition or contests, must have advance approval of the School Committee.
- Overnight/abroad accommodations will be made in advance with student safety and security in mind.
- Overnight/abroad trips should offer significant educational benefits to students that clearly justify the time and expense of the trip. Such trips should be appropriate for the grade level.
- Whenever possible, overnight/abroad trips should be scheduled on weekends or during school vacations to minimize lost classroom time.
Emergency Provisions for All Travel
- Trips are planned with careful consideration of student safety which includes, without limitation, an appropriate number of adult chaperones and confirmation that all chaperones have approved Criminal Offender Record Information (CORI) checks on file with the Superintendent;
- All overnight/ abroad trips will have an emergency plan that includes provisions for transportation or flight cancellations; provisions for illness/hospitalization and other anticipated emergencies;
- Provisions are made for medical emergencies, including attending medical personnel, when necessary;
- Should an emergency situation occur, the supervising faculty member is responsible for notifying the Principal as soon as possible but no later than twenty-four (24) hours after the emergency situation occurs. The supervising faculty member is also responsible for notifying the parent/guardian/caregiver of record by telephone, text, or email once the emergency situation stabilizes but no later than twenty-four (24) hours after the emergency situation occurs;
- Students and parents/guardians/caregivers, and chaperones will receive written notice that all Monomoy Regional School District policies on student behavior, student handbook rules and regulations, Massachusetts Interscholastic Athletic Association (MIAA) rules and regulations, and trip rules regarding student conduct will apply and be in effect at all times.
Right to search a student's belongings
- Consent will be sought to search students' luggage prior to leaving by an administrator or designee.
AUTHORITY TO APPROVE/DISAPPROVE/CANCEL - Domestic and International
- Monomoy Regional School District, acting through the School Committee or the Superintendent, reserves the right
- to cancel trips up to departure and
- to recall trips in progress, if national and/or international conditions so warrant or if security and safety concerns over which Monomoy Regional School District has no control render it appropriate to cancel the trip.
- The following criteria will be taken into consideration:
- U.S. Department of State Travel Advisory;
- Homeland Security Advisory (alert status);
- and/or Declaration of War or armed conflict. Additionally, the critical judgment of the School Committee, with input from the Superintendent, principal, and supervising faculty member, will be taken into consideration.
- The Superintendent will alert the School Committee to final deadlines regarding required commitment of funds if there are national and/or international events/situations/conditions which might cause the School Committee to cancel or recall a trip due to safety concerns or other reasons. In the event that a trip must be canceled in accordance with this Section C, school officials will make a reasonable effort to obtain a refund of monies paid by students and parents/guardians/caregivers. However, such refunds are not guaranteed and are subject to the specific contract with the travel vendor. The student and parents/guardians/caregivers understand that he/she/they may lose any and/or all of the funds he/she/they have expended for the voluntary trip.
- Pursuant to state law and regulation, the School Committee is responsible for approving out-of-state (longer than two and a half hour drive) and/or overnight trips. Exception: In the event that approval is required for an academic or athletic contest, competition or tournament and the schedule is such that the contest, competition, or tournament is not known to administrators within 10 calendar days before the next regularly scheduled School Committee meeting, said approval authority is delegated to the Superintendent of Schools.
- The approval process for a specific trip shall be completed prior to making any preparations for the trip, taking deposits from students, or engaging students in fundraising activities for the trip.
APPROVAL DOCUMENTATION - Domestic and International
- Approval for all trips which involve contractual obligations with any third party(ies) must be obtained prior to making any such obligations. All trips must be approved in writing by the appropriate authority as specified in this policy. The initial documentation required for submission for approval of a trip must include:
- Proposed dates and itinerary
- Description of student eligibility
- Estimated number of students expected and percentage of eligible students participating
- Cost per student (if applicable)
- Mode(s) of transportation and schedule
- The ratio of chaperones/teachers to students for the trip recommended by the Principal
- Description of arrangements for meals and lodging (if applicable). Accommodations will include enough rooms so that no chaperones are rooming with students
- Description of security personnel/features for transportation and accommodations
- Means of financing
- Draft copy of all contract(s) and copies of the travel company´s insurance policy (and relevant riders), and refund policies associated with the trip
- Draft copy of the letters to be sent to parents and guardians referencing the specifics of the trip including all of the above and any rules specific to the trip which are in addition to the Monomoy Regional School District student conduct policies, student handbook rules or regulations, and the Massachusetts Interscholastic Athletic Association (MIAA) rules and regulations. For international trips, the sponsoring faculty member will provide parents/guardians/caregivers a copy of the State Department travel advisory and Homeland Security Alert Status for all countries to be visited
- In the case of academic field work, a description of the educational alternative and mapping of that alternative for students who are not participating, if applicable
- Written verification from superintendent's office that all chaperones have a Criminal Offender Record Information CORI check on file
- For international trip requests a printout of the State Department Travel Advisory and Homeland Security Alert Status for all countries to be visited
- Additional information may be requested by the appropriate authority prior to making a decision
- Should external circumstances change after the initial trip approval detailed modifications to the relevant approval documentation (see above) will be required
- Other requirements as determined by the Principal.
Fundraising (section added)
- Initial fundraising activities for trips will be subject to approval by the Principal or designee
- The School Committee will consider the educational value of the trip in relation to the cost prior to granting initial approval.
- Teachers and other school staff are prohibited from soliciting for privately run trips through the school system and in the schools.
- The amount of time to be devoted to fundraising should be reasonable and commensurate with students’ obligations for homework, after-school activities, and jobs.
- Group fundraising activities are preferred. Students should not be assigned individual fundraising targets. All funds raised should be equally distributed to all students participating in the school sponsored trip. Furthermore, If students are charged individual fees for participation, every effort scholarship money may be made available where needed.
Transportation
- The use of vans or private automobiles for trips planned to include late night or overnight student travel is prohibited. Late night or overnight trips will use commercial motor coaches.
- Trips planned to include late night or overnight student travel will include a pre-trip check of companies, drivers, and vehicles. CORI checks will be conducted in accordance with Massachusetts General Laws Chapter 71, section 38R.
- The Superintendent or designee will ensure that the selected carrier is licensed for passenger transportation by the Federal Motor Carrier Safety Administration (FMCSA). The district will not contract with any carrier that has a safety rating of “conditional” or “unsatisfactory”.
FMCSA ratings are available at http://www.safersys.org/. - The contract with the carrier will prohibit the use of subcontractors unless sufficient notice is given to the district that allows verification of the subcontractor’s qualifications.
- Additional Resources
Federal Motor Carrier Safety Administration (FMCSA) - http://www.fmcsa.gov
United Motorcoach Association Student Motorcoach Travel Safety Guide (includes “Motorcoach Safety Checklist) - http://www.uma.org/consumerhelp/studentguide.asp
Department of Defense’s approved list or motor carriers - http://www.mtmc.army.mil/content/504/approvedlist.pdf
Final Approval
- Final approval will not be granted until all preparations for the trip have been completed including, but not limited to, all logistical details involving transportation, accommodation arrangements and fundraising efforts.
- The School Committee requires that final approval be sought no less than 30 days prior to the scheduled trip dates.
- The School Committee will only review for approval of school-sanctioned trips.
- The School Committee will not review or approve trips that are privately organized and run without school sanctioning.
Cross references:
JJH; IJOA; JJH-RLegal references:
Chapter 346 of the Acts of 2002 (et al) approved on October 9, 2002
M.G.L. 69:1B; 71:37N; 71:38R
603 CMR 27.00Adopted by the MRSC March 27, 2013
Revised: May 12, 2022
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File JJH: Student Travel
File JJH; IJOA; JJH-R
Monomoy Regional School District
Field Trips and Student Travel Domestic and International
Field/Day Trips
- Field trips are an extension of the school’s Standards Based Curriculum and are considered a regular school activity.
- All field trips will be approved by the Principal or designee. Field trips are defined as an observation for education, non-experimental research or to provide students with experiences outside their everyday activities away from the school facility and requires transportation
- The Superintendent will establish regulations to assure that:
- Students have parent/guardian permission for trips.
- All trips are properly supervised.
- All safety precautions are observed.
- All trips contribute substantially to the educational program.
Scheduling
- Whenever possible, trip schedulers should avoid planning student travel between the hours of midnight and 6:00 a.m.
- Non-academic field trips are considered “optional school programs” and do not count toward meeting structured learning time requirements. (Refer to the Massachusetts Department of Education publication Student Learning Time Regulations Guide).
- Trip itineraries must leave enough time for drivers to rest in conformity with federal hour-of- service requirements and common sense.
- Trip scheduling should take into account the likelihood of delays due to weather, traffic, stragglers, and other unanticipated factors.
- If substantially all members of a class are participating in a trip, the school will provide appropriate substitute activities for any students not participating.
Extended/Overnight/Travel Abroad
- All student trips beyond a two and half hour drive or overnight/abroad travel (between midnight and 5:00 am) must have prior approval of the School Committee.
- All extended trips and excursions, except those required for student participation in tournament competition or contests, must have advance approval of the School Committee.
- Overnight/abroad accommodations will be made in advance with student safety and security in mind.
- Overnight/abroad trips should offer significant educational benefits to students that clearly justify the time and expense of the trip. Such trips should be appropriate for the grade level.
- Whenever possible, overnight/abroad trips should be scheduled on weekends or during school vacations to minimize lost classroom time.
Emergency Provisions for All Travel
- Trips are planned with careful consideration of student safety which includes, without limitation, an appropriate number of adult chaperones and confirmation that all chaperones have approved Criminal Offender Record Information (CORI) checks on file with the Superintendent;
- All overnight/ abroad trips will have an emergency plan that includes provisions for transportation or flight cancellations; provisions for illness/hospitalization and other anticipated emergencies;
- Provisions are made for medical emergencies, including attending medical personnel, when necessary;
- Should an emergency situation occur, the supervising faculty member is responsible for notifying the Principal as soon as possible but no later than twenty-four (24) hours after the emergency situation occurs. The supervising faculty member is also responsible for notifying the parent/guardian/caregiver of record by telephone, text, or email once the emergency situation stabilizes but no later than twenty-four (24) hours after the emergency situation occurs;
- Students and parents/guardians/caregivers, and chaperones will receive written notice that all Monomoy Regional School District policies on student behavior, student handbook rules and regulations, Massachusetts Interscholastic Athletic Association (MIAA) rules and regulations, and trip rules regarding student conduct will apply and be in effect at all times.
Right to search a student's belongings
- Consent will be sought to search students' luggage prior to leaving by an administrator or designee.
AUTHORITY TO APPROVE/DISAPPROVE/CANCEL - Domestic and International
- Monomoy Regional School District, acting through the School Committee or the Superintendent, reserves the right
- to cancel trips up to departure and
- to recall trips in progress, if national and/or international conditions so warrant or if security and safety concerns over which Monomoy Regional School District has no control render it appropriate to cancel the trip.
- The following criteria will be taken into consideration:
- U.S. Department of State Travel Advisory;
- Homeland Security Advisory (alert status);
- and/or Declaration of War or armed conflict. Additionally, the critical judgment of the School Committee, with input from the Superintendent, principal, and supervising faculty member, will be taken into consideration.
- The Superintendent will alert the School Committee to final deadlines regarding required commitment of funds if there are national and/or international events/situations/conditions which might cause the School Committee to cancel or recall a trip due to safety concerns or other reasons. In the event that a trip must be canceled in accordance with this Section C, school officials will make a reasonable effort to obtain a refund of monies paid by students and parents/guardians/caregivers. However, such refunds are not guaranteed and are subject to the specific contract with the travel vendor. The student and parents/guardians/caregivers understand that he/she/they may lose any and/or all of the funds he/she/they have expended for the voluntary trip.
- Pursuant to state law and regulation, the School Committee is responsible for approving out-of-state (longer than two and a half hour drive) and/or overnight trips. Exception: In the event that approval is required for an academic or athletic contest, competition or tournament and the schedule is such that the contest, competition, or tournament is not known to administrators within 10 calendar days before the next regularly scheduled School Committee meeting, said approval authority is delegated to the Superintendent of Schools.
- The approval process for a specific trip shall be completed prior to making any preparations for the trip, taking deposits from students, or engaging students in fundraising activities for the trip.
APPROVAL DOCUMENTATION - Domestic and International
- Approval for all trips which involve contractual obligations with any third party(ies) must be obtained prior to making any such obligations. All trips must be approved in writing by the appropriate authority as specified in this policy. The initial documentation required for submission for approval of a trip must include:
- Proposed dates and itinerary
- Description of student eligibility
- Estimated number of students expected and percentage of eligible students participating
- Cost per student (if applicable)
- Mode(s) of transportation and schedule
- The ratio of chaperones/teachers to students for the trip recommended by the Principal
- Description of arrangements for meals and lodging (if applicable). Accommodations will include enough rooms so that no chaperones are rooming with students
- Description of security personnel/features for transportation and accommodations
- Means of financing
- Draft copy of all contract(s) and copies of the travel company´s insurance policy (and relevant riders), and refund policies associated with the trip
- Draft copy of the letters to be sent to parents and guardians referencing the specifics of the trip including all of the above and any rules specific to the trip which are in addition to the Monomoy Regional School District student conduct policies, student handbook rules or regulations, and the Massachusetts Interscholastic Athletic Association (MIAA) rules and regulations. For international trips, the sponsoring faculty member will provide parents/guardians/caregivers a copy of the State Department travel advisory and Homeland Security Alert Status for all countries to be visited
- In the case of academic field work, a description of the educational alternative and mapping of that alternative for students who are not participating, if applicable
- Written verification from superintendent's office that all chaperones have a Criminal Offender Record Information CORI check on file
- For international trip requests a printout of the State Department Travel Advisory and Homeland Security Alert Status for all countries to be visited
- Additional information may be requested by the appropriate authority prior to making a decision
- Should external circumstances change after the initial trip approval detailed modifications to the relevant approval documentation (see above) will be required
- Other requirements as determined by the Principal.
Fundraising (section added)
- Initial fundraising activities for trips will be subject to approval by the Principal or designee
- The School Committee will consider the educational value of the trip in relation to the cost prior to granting initial approval.
- Teachers and other school staff are prohibited from soliciting for privately run trips through the school system and in the schools.
- The amount of time to be devoted to fundraising should be reasonable and commensurate with students’ obligations for homework, after-school activities, and jobs.
- Group fundraising activities are preferred. Students should not be assigned individual fundraising targets. All funds raised should be equally distributed to all students participating in the school sponsored trip. Furthermore, If students are charged individual fees for participation, every effort scholarship money may be made available where needed.
Transportation
- The use of vans or private automobiles for trips planned to include late night or overnight student travel is prohibited. Late night or overnight trips will use commercial motor coaches.
- Trips planned to include late night or overnight student travel will include a pre-trip check of companies, drivers, and vehicles. CORI checks will be conducted in accordance with Massachusetts General Laws Chapter 71, section 38R.
- The Superintendent or designee will ensure that the selected carrier is licensed for passenger transportation by the Federal Motor Carrier Safety Administration (FMCSA). The district will not contract with any carrier that has a safety rating of “conditional” or “unsatisfactory”.
FMCSA ratings are available at http://www.safersys.org/. - The contract with the carrier will prohibit the use of subcontractors unless sufficient notice is given to the district that allows verification of the subcontractor’s qualifications.
- Additional Resources
Federal Motor Carrier Safety Administration (FMCSA) - http://www.fmcsa.gov
United Motorcoach Association Student Motorcoach Travel Safety Guide (includes “Motorcoach Safety Checklist) - http://www.uma.org/consumerhelp/studentguide.asp
Department of Defense’s approved list or motor carriers - http://www.mtmc.army.mil/content/504/approvedlist.pdf
Final Approval
- Final approval will not be granted until all preparations for the trip have been completed including, but not limited to, all logistical details involving transportation, accommodation arrangements and fundraising efforts.
- The School Committee requires that final approval be sought no less than 30 days prior to the scheduled trip dates.
- The School Committee will only review for approval of school-sanctioned trips.
- The School Committee will not review or approve trips that are privately organized and run without school sanctioning.
Cross references:
JJH; IJOA; JJH-RLegal references:
Chapter 346 of the Acts of 2002 (et al) approved on October 9, 2002
M.G.L. 69:1B; 71:37N; 71:38R
603 CMR 27.00Adopted by the MRSC March 27, 2013
Revised: May 12, 2022
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File JJI: School Athletic Policy
The School Committee recognizes the value of an interscholastic athletic program as a supplementary part of the total curriculum and in keeping with the mission of the Schools. As such, the philosophy of the program will be consistent with the general intent of other educational programs of the school and in accordance with the regulations of the Massachusetts Interscholastic Athletic Association and the Student Athletic Handbook.
Academic pursuits are the primary function of the total curriculum and the interscholastic athletic program shall reinforce that role. As such, athletic programs shall be scheduled such that the academic school day for all students will not be interrupted by the athletic program except for unusual or infrequent occurrences. Therefore, the emphasis of the program shall be on scheduling athletic events with teams of similar abilities within a reasonable geographic distance. The travel time for the athletic program will not seriously impinge on the student's available time for homework preparation if the day following an athletic contest is a regular school day.
Interscholastic athletics shall offer students an opportunity to represent their school; develop selfdiscipline and team unity, promote good sportsmanship and school spirit; and encourage the qualities of good citizenship. Promoting team unity shall mean the development of a spirit or cooperation among players wherein each player supports every other member of the team and the team-as-a-whole. In the promotion of good sportsmanship students will learn the rules and courtesies of the game and develop the self-discipline to play within those boundaries. The primary focus of the athletic program shall be the development of the student athlete within a team concept.
The Committee supports an athletic program which shall offer the student athlete an opportunity to develop the necessary skills and knowledge for competitive experiences within the context of this policy. The Committee supports the concept of team building though a feeder program. This program should be age and peer appropriate as long as such decisions represent sound judgments for all student athletics.
The School Committee is aware that team participation in athletic contests by members of the student body requires that "away games" be scheduled. It also recognizes that there is a need to regulate certain aspects of student participation in such contests. Therefore, the Superintendent will maintain regulations to ensure the safety and well being of students and staff members who participate in these activities.
Legal references:
MGL 71.47
Adopted by the MRSC March 27, 2013
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File JJIA: Development and Organization of High School Interscholastic Athletic Programs
The Monomoy Regional School District believes that interscholastic athletic programs form an important part of a student's physical, mental and social growth. They further believe that interscholastic athletic programs must have sufficient budgetary support, from district support and community fundraising. This policy addresses how interscholastic athletic programs may be added, dropped or streamlined.
Development and Organization of an Interscholastic and Cooperative Athletic Programs
The following criteria will be considered in depth prior to the addition of any interscholastic athletic program; or before joining with another interscholastic institution in a cooperative team situation:
- Student Interest and Growth - There should be an indication of strong interest, not just in terms of participation, but community interest as well, and consideration must be given to the potential growth of the activity and to become a stand-alone program.
- Association Recognition - Athletic program being recommended should have affiliation to an association.
- Competition - There must be organized interscholastic competition at the league and state level.
- Facilities - Adequate facilities must exist. It must be possible to coordinate use of facilities so as not to conflict with existing programs.
- Coaches - It must be possible to secure competent coaches. Coaches must be either a certified teacher or coach.
- Funding - Adequate funding must be available through available funds in the district budget and/or fundraising so that the activity can be supported.
- Schedules - the potential for scheduling competition on a league and/or regional basis will be given priority.
- Weather and Geography - the sport must be conducive for adequate involvement given the local weather and geographical conditions.
- Equal Opportunity - Consideration will be given to those sports that best equalize the opportunities for both genders.
- Tradition and Community Interest - the sport has special historical or other meaning of importance to our school district.
- Health Issues - the sport will be reviewed for potential risk to students.
Guidelines for the Development and Organization of Interscholastic Athletic Programs
The following will serve as guides in the development and organization of interscholastic athletic programs:
- Proponents of adding a new sport must meet with the appropriate administrators) and be able to show viable participation and independent financial funding to sustain and support any new sport (less the coach's salary) for a minimum of three years.
- Proponents must show that we have the facilities and/or field to meet the need of a sport. They also need to make sure the district has the support staff (maintenance) to accommodate the addition of the sport.
- Proponents must show the ability to sustain a viable athletic schedule.
- Once the above can be substantiated, the administrator will recommend to the Superintendent the implementation of the sport. The Superintendent will then recommend its implementation to the School Committee. Implementation options may include:
- One single varsity team of grades 8 through 12, if permission is granted by league affiliation and the MIAA.
- One junior varsity and/or freshman team.
- If implementation of (the new athletic program is approved by the School Committee, the School Committee will commit to funding the coach's salary for the new sport.
- Upon completion of three successful years, the proponents may request of the administration and School Committee:
- 50% school district support in year 4, in addition to the coach's salary
- 75% school district support in year 5, in addition to the coach's salary
- 100% school district support in year 6, in addition to the coach's salary
- Funding in each year will depend on the viability of sustained enrollment and funds available within the district. If the district funding is unavailable, the sport may continue with independent financial funding although the program would remain under the jurisdiction of the Director of Athletics.
Streaming or Dropping a Sport
The following criteria will be considered in depth prior to the dropping or streamlining of any interscholastic athletic program:
- Student Interest—student interest declines to unsatisfactory level both in terms of participation and community interest over no less than two years
- Association Recognition - affiliated associations do not recognize the sport.
- Facilities - adequate facilities do not exist, or the use of facilities conflict with other athletic programs.
- Coaches - it becomes impossible to secure competent coaches.
- Funding - adequate funding is no longer feasible, particularly in view of participation levels, and/or budgetary constraints at the district level.
- Scheduling — scheduling of contests at the local or regional level becomes increasingly difficult.
- Weather and Geography - weather and geographical conditions make it increasingly difficult to adequately provide the sport.
- Tradition and Community Interest - the sport has no special historical or other meaning of importance to our school.
- Health Issues - the sport will be reviewed for potential risk to students.
Guidelines for Streamlining or Dropping a Sport
- Drop freshman and/or Junior Varsity teams in sport, leaving only a varsity team.
- Dropping the entire sport. If a sport is streamlined or dropped, the savings in the program will be recommended by the Director of Athletics for redeployment within the budget to support other existing programs of for potential new programs to be added.
Note: All recommendations to streamline or drop a sport will come through the Principal's office, to the Director of Athletics, to the Superintendent, and to the School Committee. All efforts will be made to drop or streamline sports with as much prior notice as possible.
Adopted by the MRSC March 27, 2013
Approved by the MRSC May 13, 2015
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File JJIF: Athletic Concussion Policy
The purpose of this policy is to provide information and standardized procedures for persons involved in the prevention, training management and return to activity decisions regarding students who incur head injuries while involved in extracurricular athletic activities including, but not limited to, interscholastic sports, in order to protect their health and safety as required by Massachusetts law and regulations. The requirements of the law apply to all public middle and high schools, however configured, serving grades six through high school graduation. In addition to any training required by law, the following persons shall complete one of the head injury safety training programs approved by the Massachusetts Department of Public Health (DPH) as found on its website: coaches; certified athletic trainers; trainers; volunteers; school and team physicians; school nurses; athletic directors; directors responsible for a school marching band; employees or volunteers; and students who participate in an extracurricular activity and their parents.
Upon the adoption of this policy by the School Committee, the Superintendent shall ensure that DPH receives an affirmation on school district letterhead that the district has developed policies and the School Committee has adopted a final policy in accordance with law. This affirmation shall be updated by September 30, 2013 and every two years thereafter upon review or revision of its policies.
The Superintendent shall maintain or cause to be maintained complete and accurate records of the district’s compliance with the requirements of the Concussion Law, and shall maintain the following records for three years or, at a minimum, until the student graduates, unless state or federal law requires a longer retention period:
- Verifications of completion of annual training and receipt of materials;
- DPH Pre-participation forms and receipt of materials;
- DPH Report of Head Injury Forms, or school based equivalents;
- DPH Medical Clearance and Authorization Forms, or school based equivalents; and
- Graduated reentry plans for return to full academic and extracurricular athletic activities.
This policy also applies to volunteers who assist with extracurricular athletic activities. Such volunteers shall not be liable for civil damages arising out of any act or omission relating to the requirements of law, unless such volunteer is willfully or intentionally negligent in his act or omission.
Extracurricular Athletic Activity means an organized school sponsored athletic activity generally occurring outside of school instructional hours under the direction of a coach, athletic director or marching band leader including, but not limited to, Alpine and Nordic skiing and snowboarding, baseball, basketball, cheer leading, cross country track, fencing, field hockey, football, golf, gymnastics, horseback riding, ice hockey, lacrosse, marching band, rifle, rugby, soccer, skating, softball, squash, swimming and diving, tennis, track (indoor and outdoor), ultimate frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be extracurricular athletic activities.
Most student athletes who sustain a concussion can fully recover as long as their brain has time to heal before sustaining another hit; however, relying only on an athlete’s self-report of symptoms to determine injury recovery is inadequate as many high school athletes are not aware of the signs and symptoms or the severity concussive injuries pose, or they may feel pressure from coaches, parents, and/or teammates to return to play as quickly as possible. One or more of these factors will likely result in underdiagnosing the injury and a premature return to play.
Massachusetts General Laws and Department of Public Health regulations make it imperative to accurately assess and treat student athletes when concussions are suspected. Student athletes who receive concussions may appear to be “fine” on the outside, when in actuality they have a brain injury and are not able to return to play. Incurring a second concussion can prove to be devastating to a student athlete. Research has shown that young concussed athletes who return to play before their brain has healed are highly vulnerable to more prolonged post-concussion syndrome or, in rare cases, a catastrophic neurological injury known as Second Impact Syndrome.
The following protocol will discuss and outline what a concussion is, the mechanism of injury, signs and symptoms, management and return to play requirements, as well as information on Second Impact Syndrome and past concussion syndrome.
Lastly, this policy will discuss the importance of education for our athletes, coaches and parents and other persons required by law. This protocol should be reviewed on a yearly basis with all staff to discuss the procedures to be followed to manage sports-related concussions. This protocol will also be reviewed on a yearly basis by the athletic department as well as by nursing staff. Any changes in this document will be approved by the school committee and given to athletic staff, including coaches and other school personnel in writing. An accurate synopsis of this policy shall be placed in the student and faculty handbooks.
Legal references:
M.G.L. 111:222; 105 CMR 201.000
Adopted by the MRSC March 27, 2013
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File JK: Student Discipline
The Massachusetts General Laws require the School Committee to adopt written policies, rules and regulations not inconsistent with law, which may relate to study, discipline, conduct, safety and welfare of all students, or any classification thereof, enrolled in the public schools of the District.
The implementation of the general rules of conduct is the responsibility of the Principal and the professional staff of the building. In order to do this, each school staff in the District shall develop specific rules consistent with the law and aligned with School Committee policy. These building rules shall be an extension of the District policies by being more specific as they relate to the individual schools.
The purpose of disciplinary action is to restore acceptable behavior. When disciplinary action is necessary, it shall be administered with fairness and shall relate to the individual needs and the individual circumstances.
Students violating any of the policies on student conduct and control will be subject to disciplinary action. The degree, frequency, and circumstances surrounding each incident shall determine the method used in enforcing these policies. Most of the situations which require disciplinary action can be resolved within the confines of the classroom or as they occur by reasonable but firm reprimand, and/or by teacher conferences with the student and/or parents or guardians.
If a situation should arise in which there is no applicable written policy, the staff member shall be expected to exercise reasonable and professional judgment.
Legal references:
M.G.L. 71:37H and 37L; 76:16 and 17
Chapter 380 of the Acts of 1993
Chapter 766 Regulations, S. 338.0
Mass. Dept. Of Education, Advisory Opinion on Student Discipline, January 27, 1994
Adopted by the MRSC March 27, 2013
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File JKAA: Prevention of Physical Restraints and Requirements if Used
File JKAA
Monomoy Regional School District
Prevention of Physical Restraints and Requirements if Used
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General Information (46.01)
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Monomoy Regional School District provides a safe environment for both students and staff and shall abide by the provisions of 603 CMR 46.00, which regulates the use of physical restraint on students in publicly funded elementary and secondary education programs. Monomoy Regional School District has developed restraint prevention and behavior support procedures, in compliance with 603 CMR 46.04, which shall be annually reviewed, provided to school staff, and made available to parents.
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Maintaining an orderly, safe environment conducive to learning is an expectation of all staff members of the District.
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Physical restraint shall be used only in emergency situations of last resort, and with extreme caution after other lawful and less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution. School personnel shall use physical restraint with two goals in mind:
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To administer a physical restraint only when needed to protect a student and/or a member of the school community from assault or imminent, serious, physical harm; and
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To prevent or minimize any harm to the student as a result of the use of physical restraint.
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A person performing physical restraint shall discontinue such restraint as soon as the student is no longer an immediate danger to himself or others; or if the student indicates trouble breathing or is in severe distress such as sustained or prolonged crying or coughing.
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School personnel shall use physical restraint with two goals in mind:
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To administer a physical restraint only when needed to protect a student and/or a member of the school community from imminent, serious, physical harm; and
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To prevent or minimize any harm to the student as a result of the use of physical restraint.
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Regulation - 603 C.M.R. 46.01(3)(a) & (b)
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Further nothing in 603 C.M.R. 46.00, Monomoy Regional School District Physical Restraint Policy and/or Administrative Procedures and Guidelines shall be construed to limit the protection afforded to publicly funded students under other federal and state laws, including those laws that provide for the rights of students who have been found eligible to receive special education services. Additionally, nothing in 603 C.M.R. 46.00,
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Monomoy Regional School District Policy and/or Administrative Procedures and Guidelines does not preclude any teacher, employee or agent of a public education program from using reasonable force to protect students, other persons, or themselves from assault or imminent, serious, physical harm. 603C.M.R. 46.01(4).
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In addition, each staff member will be trained annually regarding the school's physical restraint policy and accompanying procedures. The Principal or designee will arrange training to occur each school year, or for staff hired after the beginning of the school year, within a month of their employment.
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II. Definitions (46.02)
As used in 603 CMR 46.00, the following terms shall have the following meanings:
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Commissioner shall mean the commissioner of the Department of Elementary and Secondary Education appointed in accordance with G.L. c.15, §1F, or his or her designee.
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Consent shall mean agreement by a parent who has been fully informed of all information relevant to the activity for which agreement is sought, in his or her native language or other mode of communication, that the parent understands and agrees in writing to carrying out of the activity, and understands that the agreement is voluntary and may be revoked at any time. The agreement describes the activity and lists the records (if any) which will be released and to whom. In seeking parental consent, a public education program shall not condition admission or continued enrollment upon agreement to the proposed use of any restraint.
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Department shall mean the Department of Elementary and Secondary Education.
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Mechanical restraint shall mean the use of any device or equipment to restrict a student's freedom of movement. The term does not include devices implemented by trained school personnel, or utilized by a student that have been prescribed by an appropriate medical or related services professional, and are used for the specific and approved positioning or protective purposes for which such devices were designed. Examples of such devices include: adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; restraints for medical immobilization; or orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
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Medication restraint shall mean the administration of medication for the purpose of temporarily controlling behavior. Medication prescribed by a licensed physician and authorized by the parent for administration in the school setting is not medication restraint.
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Parent shall mean a student's father, mother, or legal guardian or person or agency legally authorized to act on behalf of the student in place of or in conjunction with the father, mother, or legal guardian.
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Physical escort shall mean a temporary touching or holding, without the use of force, of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is agitated to walk to a safe location.
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Physical restraint shall mean direct physical contact that prevents or significantly restricts a student's freedom of movement. Physical restraint does not include: brief physical contact to promote student safety, providing physical guidance or prompting when teaching a skill, redirecting attention, providing comfort, or a physical escort.
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Principal shall mean the instructional leader or headmaster of a public education school program or his or her designee. The board of directors of a charter school or virtual school, or special education school or program approved under 603 CMR 28.09, shall designate in the restraint prevention and behavior support policy who will serve as principal for purposes of 603 CMR 46.00.
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Prone restraint shall mean a physical restraint in which a student is placed face down on the floor or another surface, and physical pressure is applied to the student's body to keep the student in the face-down position.
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Public education programs shall mean public schools, including charter schools, virtual schools, collaborative education programs, and the school day of special education schools approved under 603 CMR 28.09, as provided in 603 CMR 18.05(5)(h), and school events and activities sponsored by such programs. The term "programs" may be used in 603 CMR 46.00 to refer to "public education programs." For purposes of 603 CMR 46.00, public education programs shall not include the educational services provided within the Department of Youth Services, Department of Mental Health, Department of Public Health, and County Houses of Correction operated or contracted facilities.
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School Working Day shall mean a day or partial day that students are in attendance at the public education program for instructional purposes.
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Seclusion shall mean the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. Seclusion does not include a time-out as defined in 603 CMR 46.02.
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Time-out shall mean a behavioral support strategy developed pursuant to 603 CMR 46.04(1) in which a student temporarily separates from the learning activity or the classroom, either by choice or by direction from staff, for the purpose of calming. During time-out, a student must be continuously observed by a staff member. Staff shall be with the student or immediately available to the student at all times. The space used for time-out must be clean, safe, sanitary, and appropriate for the purpose of calming. Time-out shall cease as soon as the student has calmed.
III. Use Of Restraint (46.03)
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Prohibition
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Mechanical restraint, medication restraint, and seclusion shall be prohibited.
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Prone restraint shall be prohibited except on an individual student basis, and only under the following circumstances:
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The student has a documented history of repeatedly causing serious self-injuries and/or injuries to other students or staff;
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All other forms of physical restraints have failed to ensure the safety of the student and/or the safety of others;
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There are no medical contraindications as documented by a licensed physician;
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There is psychological or behavioral justification for the use of prone restraint and there are no psychological or behavioral contraindications, as documented by a licensed mental health professional;
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MRSD has obtained consent to use prone restraint in an emergency as set out in 603 CMR 46.03(1)(b), and such use has been approved in writing by the principal; and,
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MRSD has documented 603 CMR 46.03(1)(b) 1 - 5 in advance of the use of prone restraint and maintains the documentation.
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Physical restraint, including prone restraint where permitted, shall be considered an emergency procedure of last resort and shall be prohibited except when a student's behavior poses a threat of assault, or imminent, serious, physical harm to self or others and the student is not responsive to verbal directives or other lawful and less intrusive behavior interventions, or such interventions are deemed to be inappropriate under the circumstances.
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All physical restraints, including prone restraint where permitted, shall be administered in compliance with 603 CMR 46.05.
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Physical restraint shall not be used:
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As a means of discipline or punishment;
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When the student cannot be safely restrained because it is medically contraindicated for reasons including, but not limited to, asthma, seizures, a cardiac condition, obesity, bronchitis, communication-related disabilities, or risk of vomiting;
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As a response to property destruction, disruption of school order, a student's refusal to comply with a rule or staff directive, or verbal threats when those actions do not constitute a threat of assault, or imminent, serious, physical harm; or
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As a standard response for any individual student. No written individual behavior plan or individualized education program (IEP) may include use of physical restraint as a standard response to any behavior. Physical restraint is an emergency procedure of last resort.
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Limitations on use of restraint. Physical restraint shall be limited to the use of such reasonable force as is necessary to protect a student or another member of the school community from assault or imminent, serious, physical harm.
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Referral to law enforcement or other state agencies. Nothing in these regulations prohibits:
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The right of any individual to report to appropriate authorities a crime committed by a student or other individual;
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Law enforcement, judicial authorities or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk; or
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The exercise of an individual's responsibilities as a mandated reporter pursuant to G.L. c. 119, § 51A. 603 CMR 46.00 shall not be used to deter any individual from reporting neglect or abuse to the appropriate state agency.
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IV. Use of Restraint (46.04)
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Procedures
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Methods For Preventing Student Violence, Self-Injurious Behavior, And Suicide, Including Individual Crisis Planning And De-Escalation Of Potentially Dangerous Behavior Occurring Among Groups Of Students Or With An Individual Student.
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School-Level Supports
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Each school will provide school-wide professional development focused on identifying and preventing student violence, self-injurious behavior and suicide, including individual behavior crisis planning and de-escalation of potentially dangerous behavior occurring among groups of students or with an individual student.
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The school-level crisis team will participate in professional development focused on preventative measures to prevent student violence, self-injurious behavior and suicide, including individual behavior crisis planning and de-escalation of potentially dangerous behavior occurring among groups of students or with an individual student.
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The crisis team along with teachers and other school personnel will identify students who are potentially at-risk and review student social, emotional and behavior progress monthly at the Student Support Team Meeting (SST) and/or leadership team meeting to plan interventions and supports for students. The monthly meetings will include school counselors, school nurse, administration and if necessary the school psychologist as a resource to plan appropriate interventions and supports for the students.
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Each school has a crisis team, which includes the administrative team, school counselors, nurse(s) and school psychologist when necessary.
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All members of the school's crisis team are trained in SOLVE - Strategies of Limiting Violent episodes.
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For any student with a history of significant emotional/ behavior including at risk behavior (harm to self and/or others) and/or a student who required a physical restraint, a safety/behavior intervention plan or crisis plan will be developed.
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The plan will include strategies and supports which may include specific de-escalation strategies, counseling services, monitoring protocol, data collection, and frequent review meetings (at least 2x monthly), etc. for the purpose of assessing progress and making necessary adjustments.
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A functional behavioral assessment (FBA) or Safety Assessment can be requested
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Referral to outside agencies can be made if needed.
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School staff can access the clinical teams in the buildings as well as consulting clinicians (BCBA, LICSW, MHC) to help students who are exhibiting aggressive behavior.
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District Level Support
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Staff can access the following district level clinical supports:
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BCBA
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LICSW
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Mental Health Coordinator
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Director of Student Services
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District Crisis Team - includes first responders, administrators, nurses, counselors, and administrators
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General De-Escalation Guidelines
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General guidelines for de-escalating potentially dangerous behavior occurring among groups of students or with an individual student include the following:
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Remain calm -To possibly help prevent the likelihood of a student experiencing distress from escalating his/her behavior use a neutral and level tone of voice, control one's facial expressions and use a supportive non-threatening body language.
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Obtain Assistance - Whenever possible, school personnel should immediately take steps to notify school administrators, the school's administrative response team and/or other school personnel of a potentially dangerous situation and to obtain additional assistance.
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One Person Speaks - In order to minimize the likelihood of confusion and/or the likelihood of a student experiencing distress from escalating his/her behavior having one person providing overall direction to the response and the follow up procedures is advisable. This often may be either the first trained staff person on the scene or the staff person with the most information about the particular situation.
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Remove Student If Possible - The feasibility of having a student experiencing distress leave an area with other students and move to another more private and safe area in order to de-escalate should be considered.
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Remove Other Students - If it is not feasible to have a student experiencing distress move to a more private and safe area in order to de-escalate, consider the feasibility of having other staff assist and monitor the removal of other students to another area within the school until the student de-escalates.
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Methods For Engaging Parents/Guardians And Youth In Discussions About Restraint Prevention And Use Of Restraint Solely As An Emergency Procedure.
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The Principal will provide all families and students with information about behavior supports and restraint prevention efforts that are utilized within their school annually.
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The Principal is expected to follow these administrative procedures with respect to identifying students who may be at risk of restraint and work with the student and their family along with the school counselor to identify and work on behavioral supports to prevent restraint from occurring.
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If a student is restrained, the Principal is expected to follow these administrative procedures with respect to engaging the student and their family about the use of the restraint, the report regarding the restraint, any disciplinary sanctions that may be imposed and/or any other related matters.
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The Principal will immediately notify the family following the restraint and discuss the incident and the plan
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If the parent is not available, notification will be sent home and followed up within 24-hours
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The school counselor also should follow up with the student and their family regarding behavioral supports.
C. Alternatives to Physical Restraint and Method of Restraint In Emergency Situations.
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There are a variety of appropriate responses to student behavior that may require immediate intervention.
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These alternative methods should be used first when seeking to prevent student violence, self-injurious behavior and/or de-escalating potentially dangerous behavior occurring among groups of students or with an individual student.
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Physical restraints only should be used as a last resort in emergency situations after these other less intrusive alternatives have failed or been deemed inappropriate.
Examples of interventions and less intrusive methods that may preclude the need for the use of physical restraint include but are not limited to, the following:
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Active listening
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Collaborative Problem Solving
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Use of a low non-threatening voice
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Movement break
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Quiet space
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Limiting the number of adults providing direction to the student
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Offering the student a choice
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Not blocking the student's access to an escape route
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Suggesting possible resolutions to the student
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Avoiding dramatic gestures (waving arms, pointing, blocking motions, etc.)
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Verbal prompt - A verbal prompt is communicating what is expected behavior by clearly stating instructions and expectations.
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Full or partial physical cue - A full or partial physical cue is anytime an adult needs to temporarily place their hands on a student or physically redirects a student without force. These are used at increasing levels as needed to return a student safely back to task. See Physical Redirection and Physical Escort below.
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Physical Escort - A physical escort is a temporary touching or holding, without the use of force, of the hand, wrist, arm, shoulder or back, for the purpose of inducing a student who is agitated to walk to a safe location.
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Physical Redirection -A physical redirection is done by temporarily placing one hand on each of the student's shoulders, without force, and redirecting the student to the learning activity, classroom or safe location.
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Time-Out - A time-out is a behavioral support strategy in which a student temporarily separates from the learning activity or classroom, either by choice or by direction from staff, for the purpose of calming. During time-out a staff member must continuously observe a student. Staff shall be with the student or immediately available to the student at all times. The space used for time-out must be clean, safe, sanitary and appropriate for the purpose of calming. Time-out shall cease as soon as the student is calmed.
D. Procedure For The Use Of Time-Out
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Time out is a behavioral support strategy in which a student temporarily separates from the learning activity or the classroom, either by choice or by direction from staff, for the purpose of calming.
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During time-out, a student must be continuously observed by a staff member.
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Staff shall be with the student or immediately available to the student at all times.
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The space used for time-out must be clean, safe, sanitary, and appropriate for the purpose of calming.
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Time-out shall cease as soon as the student has calmed.
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Approval must be sought by the Principal or designee if time-out is to exceed 20 minutes
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The following documentation will be kept:
G
E. The use of inclusionary time-out as a behavioral support strategy
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The definition of time-out includes the practice of inclusionary time-out, i.e., when the student is removed from positive reinforcement or full participation in classroom activities while remaining in the classroom, and exclusionary time-out (see #2 below), i.e., the separation of students from the rest of the class either through complete visual separation or from actual physical separation.
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The use of inclusionary time-out functions well as a behavior support strategy while allowing the student to remain fully aware of the learning activities of the classroom.
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Inclusionary time-out includes practices used by teachers as part of their classroom behavior support tools, such as "planned ignoring," asking students to put their heads down, or placing a student in a different location within the classroom (this does not include walled off "time-out" rooms located within the classroom; use of those is considered to be an exclusionary time-out -see #2 below).
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These strategies, used to reduce external stimuli in the student's environment while keeping the student physically present and involved in learning, have proven to be useful tools for classroom management.
F. The use of exclusionary time-out in educational settings
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Exclusionary time-out is an intervention that should be reserved for use only when students are displaying behaviors which present, or potentially present, an unsafe or overly disruptive situation in the classroom.
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In such circumstances, the student may either ask to leave the classroom, or the student may be directed to a separate setting for the purpose of helping the student to calm
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When a student is separated from the learning environment in an exclusionary time-out, s/he must be in a safe and calming environment.
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Exclusionary time-out as a staff-directed behavioral support should only be used when the student is displaying behaviors which present, or potentially present, an unsafe or overly disruptive situation in the classroom.
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Staff-directed exclusionary time-out should not be used as a method of punishment for noncompliance, or for incidents of misbehavior that are no longer occurring.
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During an exclusionary time-out:
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The student must be continuously observed by a staff member;
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Staff must be with the student or immediately available to the student at all times, unless it poses a safety risk, a staff member must be physically present with the student who is in an exclusionary time-out setting:
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If it is not safe for the staff member to be present with the student, the student may be left in the time-out setting with the door closed.
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In order to ensure that the student is receiving appropriate support, a school counselor or other behavioral support professional must be immediately available outside of the time-out setting where the individual can continuously observe and communicate with the student as appropriate to determine when the student has calmed.
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The space used for exclusionary time-out must be clean, safe, sanitary, and appropriate for the purpose of calming;
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Students must never be locked in a room.
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For students displaying self-injurious behavior, a staff member must be physically present in the same setting with the student.
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Exclusionary time-out must cease as soon as the student has calmed.
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Extended time-out - For any exclusionary time-out that may last longer than 30 minutes, staff will seek approval from the principal for the continued use of time-out.
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The principal may not routinely approve such requests but must consider the individual circumstances, specifically whether the student continues to be agitated to determine whether time-out beyond 30 minutes is justified.
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If it appears that the use of exclusionary time-out exacerbates the student's behavior, or the continuation of the exclusionary time-out beyond 30 minutes has not helped the student to calm, then other behavioral support strategies will be attempted.
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G. Seclusion
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603 CMR 46.02 defines seclusion as: The involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving.
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The key elements of this definition are two factors considered together,
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the student is alone with no staff present or immediately available;
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the student is prevented from leaving the area. The use of seclusion is prohibited in Massachusetts.
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2. Required training for all staff
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Procedure
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Each building principal has identified staff members to serve as a school-wide resource to assist in ensuring proper administration of physical restraint.
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These staff members have participated in an in depth training program in the use of physical restraint.
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The District shall satisfy all training requirements and monitor all incidents of physical restraint, with program staff reporting incidents in compliance with local policy and DESE reporting requirements and state regulations.
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Only school personnel who have received training pursuant to 603CMR 46.00 may administer physical restraint on students.
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Whenever possible, the administration of physical restraint shall be administered in the presence of at least one adult who does not participate in the restraint.
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A person administering physical restraint shall only use the minimum amount of force necessary to protect the student or others from imminent injury or harm.
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In addition, each staff member is trained regarding the school’s physical restraint policy. The principal will arrange training to occur in the first month of each school year, or for staff hired after the beginning of the school year, within a month of the commencement of employment.
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Training includes the following information
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The role of the student, family, and staff in preventing restraint;
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The program's restraint prevention and behavior support policy and procedures, including use of time-out as a behavior support strategy distinct from seclusion;
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Interventions that may preclude the need for restraint, including de-escalation of problematic behaviors and other alternatives to restraint in emergency circumstances;
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When behavior presents an emergency that requires physical restraint, the types of permitted physical restraints and related safety considerations, including information regarding the increased risk of injury to a student when any restraint is used, in particular a restraint of extended duration;
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Administering physical restraint in accordance with medical or psychological limitations, known or suspected trauma history, and/or behavioral intervention plans applicable to an individual student; and
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Identification of program staff who have received in-depth training pursuant to 603 CMR 46.03(3) in the use of physical restraint.
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Content of in-depth training. In-depth training in the proper administration of physical restraint includes the following, but not limited to:
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Appropriate procedures for preventing the use of physical restraint, including the de-escalation of problematic behavior, relationship building and the use of alternatives to restraint;
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A description and identification of specific dangerous behaviors on the part of students that may lead to the use of physical restraint and methods for evaluating the risk of harm in individual situations in order to determine whether the use of restraint is warranted;
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The simulated experience of administering and receiving physical restraint, instruction regarding the effect(s) on the person restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance;
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Instruction regarding documentation and reporting requirements and investigation of injuries and complaints;
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Demonstration by participants of proficiency in administering physical restraint; and,
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Instruction regarding the impact of physical restraint on the student and family, recognizing the act of restraint has impact, including but not limited to psychological, physiological, and social-emotional effects.
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V. Proper Administration Of Physical Restraint
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All physical restraints, including prone restraint, where permitted, shall be administered in compliance with 603 CMR 46.05.
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Trained personnel. Only public education program personnel who have received training pursuant to 603 CMR 46.04(2) or 603 CMR 46.04(3) shall administer physical restraint on students. Whenever possible, the administration of a restraint shall be witnessed by at least one adult who does not participate in the restraint. The training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm.
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Use of force. A person administering a physical restraint shall use only the amount of force necessary to protect the student or others from physical injury or harm.
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Safest method. A person administering physical restraint shall use the safest method available and appropriate to the situation subject to the safety requirements set forth in 603 CMR 46.05(5). Floor restraints, including prone restraints otherwise permitted under 603 CMR 46.03(1)(b), shall be prohibited unless the staff members administering the restraint have received in-depth training according to the requirements of 603 CMR 46.043(3) and, in the judgment of the trained staff members, such method is required to provide safety for the student or others present.
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Duration of restraint. All physical restraint must be terminated as soon as the student is no longer an immediate danger to himself or others, or the student indicates that he or she cannot breathe, or if the student is observed to be in severe distress, such as having difficulty breathing, or sustained or prolonged crying or coughing.
VI. Safety requirements. Additional requirements for the use of physical restraint:
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No restraint shall be administered in such a way that the student is prevented from breathing or speaking. During the administration of a restraint, a staff member shall continuously monitor the physical status of the student, including skin temperature and color, and respiration.
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Restraint shall be administered in such a way so as to prevent or minimize physical harm. If, at any time during a physical restraint, the student expresses or demonstrates significant physical distress including, but not limited to, difficulty breathing, the student shall be released from the restraint immediately, and school staff shall take steps to seek medical assistance.
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If a student is restrained for a period longer than 20 minutes, program staff will obtain the approval of the principal. The approval shall be based upon the student's continued agitation during the restraint justifying the need for continued restraint.
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Program staff shall review and consider any known medical or psychological limitations, known or suspected trauma history, and/or behavioral intervention plans regarding the use of physical restraint on an individual student.
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After the release of a student from a restraint, the following procedures will be implemented:
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Reviewing the incident with the student to address the behavior that precipitated the restraint
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Reviewing the incident with the staff person(s) who administered the restraint to discuss whether proper restraint procedures were followed
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consideration of whether any follow-up is appropriate for students who witnessed the incident.
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VII. Reporting Requirements
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Staff shall report the use of any physical restraint as specified in 603 CMR 46.06(2).
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Informing the principal.
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The program staff member who administered the restraint shall verbally inform the principal of the restraint as soon as possible, and by written report no later than the next school working day.
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The written report shall be provided to the principal for review of the use of the restraint.
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If the principal has administered the restraint, the principal shall prepare the report and submit it to an individual or team designated by the superintendent for review.
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The principal or his/her designee shall maintain an on-going record of all reported instances of physical restraint, which shall be made available for review by the parent or the Department upon request.
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Informing parents.
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The principal or designee shall make reasonable efforts to verbally inform the student's parent of the restraint within 24 hours of the event
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shall notify the parent by written report sent either within three school working days of the restraint to an email address provided by the parent for communications about the student, or by regular mail postmarked no later than three school working days of the restraint.
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If the school customarily provides a parent of a student with report cards and other necessary school-related information in a language other than English, the written restraint report shall be provided to the parent in that language.
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The principal shall provide the student and the parent an opportunity to comment orally and in writing on the use of the restraint and on information in the written report.
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Contents of report. The written report required by 603 CMR 46.06(2) and (3) shall include:
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The name of the student; the names and job titles of the staff who administered the restraint, and observers, if any; the date of the restraint; the time the restraint began and ended; and the name of the principal or designee who was verbally informed following the restraint; and, as applicable, the name of the principal or designee who approved continuation of the restraint beyond 20 minutes pursuant to 603 CMR 46.05(5)(c).
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A description of the activity in which the restrained student and other students and staff in the same room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that prompted the restraint; the efforts made to prevent escalation of behavior, including the specific de-escalation strategies used; alternatives to restraint that were attempted; and the justification for initiating physical restraint.
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A description of the administration of the restraint including the holds used and reasons such holds were necessary; the student's behavior and reactions during the restraint; how the restraint ended; and documentation of injury to the student and/or staff, if any, during the restraint and any medical care provided.
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Information regarding any further action(s) that the school has taken or may take, including any consequences that may be imposed on the student.
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Information regarding opportunities for the student's parents to discuss with school officials the administration of the restraint, any consequences that may be imposed on the student, and any other related matter.
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Individual student review.
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The principal shall conduct a weekly review of restraint data to identify students who have been restrained multiple times during the week.
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If such students are identified, the principal shall convene one or more review teams as the principal deems appropriate to assess each student's progress and needs.
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The assessment shall include at least the following:
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review and discussion of the written reports submitted in accordance with 603 CMR 46.06 and any comments provided by the student and parent about such reports and the use of the restraints;
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analysis of the circumstances leading up to each restraint, including factors such as time of day, day of the week, antecedent events, and individuals involved;
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consideration of factors that may have contributed to escalation of behaviors, consideration of alternatives to restraint, including de-escalation techniques and possible interventions, and such other strategies and decisions as appropriate, with the goal of reducing or eliminating the use of restraint in the future;
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agreement on a written plan of action by the program.
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If the principal directly participated in the restraint, a duly qualified individual designated by the superintendent shall lead the review team's discussion.
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The principal shall ensure that a record of each individual student review is maintained and made available for review by the Department or the parent, upon request.
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Administrative review.
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The principal shall conduct a monthly review of school-wide restraint data.
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This review shall consider patterns of use of restraints by similarities in the time of day, day of the week, or individuals involved; the number and duration of physical restraints school-wide and for individual students; the duration of restraints; and the number and type of injuries, if any, resulting from the use of restraint.
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The principal shall determine whether it is necessary or appropriate to modify the school's restraint prevention and management policy, conduct additional staff training on restraint reduction/prevention strategies, such as training on positive behavioral interventions and supports, or take such other action as necessary or appropriate to reduce or eliminate restraints.
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Report all restraint-related injuries to the Department.
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When a physical restraint has resulted in an injury to a student or program staff member, the school shall send a copy of the written report required by 603 CMR 46.06(4) to the Department postmarked no later than three school working days of the administration of the restraint.
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The school shall also send the Department a copy of the record of physical restraints maintained by the principal pursuant to 603 CMR 46.06(2) for the 30-day period prior to the date of the reported restraint.
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The Department shall determine if additional action by the school is warranted and, if so, shall notify the program of any required actions within 30 calendar days of receipt of the required written report(s).
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Report all physical restraints to the Department.
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Every school shall collect and annually report data to the Department regarding the use of physical restraints.
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Such data shall be reported in a manner and form directed by the Department.
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VIII. COMPLAINT PROCEDURES
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Informal Resolution of Concern about Use of Physical Restraint
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Before initiating a formal complaint procedure, a student or his/her parent/guardian who has concerns regarding a specific use of a physical restraint, may seek to resolve his/her concerns regarding a specific use of a physical restraint by raising the issue with the principal of the school.
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The student and/or his/her parent/guardian should direct their concerns regarding a specific use of a physical restraint to the principal within ten (10) days of the parent/guardian's receipt of the written report from the school.
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The principal shall attempt, within his/her authority to work with the individual to resolve the complaint fairly and expeditiously.
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If the student and/or his/her parent/guardian/caregiver are not satisfied with the resolution, or if the student and/or his/her parent/guardian/caregiver does not choose informal resolution, then the student and/or his/her parent/guardian/caregiver may proceed with the formal complaint process detailed below.
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Formal Resolution of Concern about Use of Physical Restraint
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A student or his/her parent/guardian/caregiver, who has concerns regarding a specific use of a physical restraint, may seek to resolve his/her concerns regarding a specific use of a physical restraint by submitting a written complaint to the Office of the Superintendent.
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The student and/or his/her parent/guardian/caregiver should submit this letter to the Office of the Superintendent within twenty (20) days of the parent/guardian/caregver’s receipt of the written report from the school.
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The written complaint shall include (a) the name of the student; (b) the name of the school where the physical restraint allegedly occurred; (c) the name of the individuals involved in the alleged physical restraint; (d) the basis of the complaint or concern; and (e) the corrective action being sought.
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The Office of the Superintendent, through its designees, shall conduct an investigation into the complaint promptly after receiving the complaint.
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In the course of its investigation, the Office of the Superintendent and/or its designees shall contact those individuals that have been referred to as having pertinent information related to the complaint.
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Strict timelines cannot be set for conducting the investigation because each set of circumstances is different.
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The Office of the Superintendent and/or its designees will make sure that the complaint is handled as quickly as is feasible.
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After completing the formal investigation, the Office of the Superintendent shall contact the individual who filed the complaint regarding the outcome of its investigation and its determination as to whether any corrective action is warranted.
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Other Complaint Processes also Available
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It should be noted that the provisions of this section does not preclude a student from using the complaint process set forth in the districts Anti-Harassment and Sexual Harassment Policies to seek resolution of any complaints of discrimination or harassment that is based on a characteristic protected by law such as sex, race, color, gender, ancestry, national origin, ethnicity, religion, age, disability, marital status, sexual orientation, homelessness, gender identity or genetic information traits historically associated with race, including, but not limited to, hair texture, hair type, hair length, and protective hairstyles. Protective hairstyles includes but is not limited to, braids, locks, twists, bantu knots, hair coverings, and other formations.
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It also should be noted that the provisions of this section does not preclude a student from using the complaint process set forth in the Monomoy Regional School District Student Handbooks to seek resolution of any complaints regarding a student's deprivation of rights set forth in the school handbook.
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Legal references:
M.G.L. 71:37G; 603 CMR 46.00
Adopted by the MRSC March 27, 2013
Approved by the MRSC January 27, 2016
Revised: December 22. 2022
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File JL: Student Welfare
File JL: Student Welfare
Monomoy Regional School District
Student Welfare - Supervision and Safety of Students
Supervision of Students
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School personnel assigned supervision are expected to act as reasonably prudent adults in providing for the safety of the students in their charge.
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In keeping with this expected prudence, no teacher or other staff member will leave their assigned group unsupervised except when an arrangement has been made to take care of an emergency.
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During school hours or while engaging in school-sponsored activities, students will be released only into the custody of parents or other persons authorized in writing by a parent or guardian.
Notification to school personnel of reporting requirements for child abuse and neglect
The Monomoy Regional School Committee shall inform teachers, administrators, and other professional staff of reporting requirements for child abuse and neglect under section 51A of chapter 119 and the reporting requirements for filing under section 2A of chapter 148.
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Duties of Mandated Reporters Under G.L. c. 119, §51A
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Mandated reporters have a duty to report certain information to the Department of Children and Families ("DCF") or if they are a member of the staff of a school, they may instead notify the person or designated agent in charge of such school who becomes responsible for notifying DCF.
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The duty to report under G.L. c. 119, §51A is triggered when a mandated reporter, in their professional capacity, has reasonable cause to believe that a child under the age of eighteen years is suffering physical or emotional injury resulting from:
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abuse, which causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse;
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neglect, including malnutrition;
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physical dependence upon an addictive drug at birth;
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being a sexually exploited child; or
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being a human trafficking victim as defined by section 20M of chapter 233.
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B. The definition of "mandated reporters" in G.L. c. 119, § 21 includes, among others:
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Public and private school teachers, nurses, educational administrators, guidance counselors, psychologists, school attendance officers, social workers, childcare workers, physicians, emergency medical technicians, and certain court and public safety officials, such as police officers.
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In schools, mandated reporters must fulfill their mandatory reporting duty under G.L. c. 119, §51A by:
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Immediately making an oral report directly to DCF and then following up with a written report (which can be filed online, by fax, or mail) to the DCF local area office within 48 hours; or
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Immediately notifying the person in charge of the school (or that person's designee), in which case that individual becomes responsible for immediately making the oral report to DCF and submitting the written report (which can be filed online, by fax, or mail) to the DCF local area office within 48 hours.
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A mandated reporter who works for a school may also choose to immediately notify both DCF and the person in charge of the school.
C. Definitions
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DCF defines abuse as the non-accidental commission of any act by a caregiver which causes or creates a substantial risk of physical or emotional injury or sexual abuse to a child; or the victimization of a child, by a caregiver or non-caregiver, due to sexual exploitation and/or human trafficking. This definition is not dependent upon location. Abuse can occur while the child is in an out-of-home or in-home setting.
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DCF defines neglect as failure by a caregiver, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, education, emotional stability and growth, or other essential care; or to prevent malnutrition; or failure to thrive. A neglect determination cannot result solely from inadequate economic resources. Similarly, a neglect determination cannot be due solely to the existence of a parent's/caregiver's disability or limited physical condition
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DCF defines a caregiver as a child's parent, stepparent or guardian, or any household member entrusted with responsibility for a child's safety and well-being; or any other person entrusted with responsibility for a child's safety and well-being whether in the child's home a 1 2 3 4 5 12/6/21, 3:54 PM Joint DESE/DCF Advisory Regarding Mandated Reporting Responsibilities of School Personnel in Cases of Suspected Child Abuse and Neglect - Education Laws and Regulations https://www.doe.mass.edu/lawsregs/advisory/child-abuse.html 3/7 person entrusted with responsibility for a child s safety and well-being, whether in the child s home, a relative's home, a school setting, a child care setting (including babysitting), a foster home, a group care facility, or any other comparable setting. The term "caregiver" includes, but is not limited to, schoolteachers, babysitters, school bus drivers, and camp counselors. The "caregiver" definition should be construed broadly and inclusively to encompass any person who at the time in question is entrusted with a degree of responsibility for the child. This specifically includes caregiver who is a child such as a babysitter under age 18.
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"Reasonable cause to believe" means a collection of facts, knowledge, and/or observations which taken together tend to support or are consistent with the allegations and when viewed in light of the surrounding circumstances and the credibility of the persons providing the information, would lead a reasonable person to conclude that a child has been abused or neglected.
D. Reports of students possessing or using dangerous weapons on school premises
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Any school department personnel shall report in writing to their immediate supervisor an incident involving a student's possession or use of a dangerous weapon on school premises at any time.
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Supervisors who receive such a weapon report shall file it with the superintendent of said school, who shall file copies of said weapon report with the local chief of police, the department of children and families, the office of student services or its equivalent in any school district, and the local school committee.
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Said superintendent, police chief, and representative from the department of children and families, together with a representative from the office of student services or its equivalent, shall arrange an assessment of the student involved in said weapon report. Said student shall be referred to a counseling program; provided, however, that said counseling shall be in accordance with acceptable standards as set forth by the board of education. Upon completion of a counseling session, a follow-up assessment shall be made of said student by those involved in the initial assessment.
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School department personnel and school resource officers, as defined in section 37P, shall not disclose to a law enforcement officer or agency, including local, municipal, regional, county, state and federal law enforcement, through an official report or unofficial channels, including, but not limited to, text, phone, email, database and in-person communication, or submit to the department of state police's Commonwealth Fusion Center, the Boston Regional Intelligence Center or any other database or system designed to track gang affiliation or involvement, any information relating to a student or a student's family member from its databases and other recordkeeping systems including:
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immigration status;
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citizenship;
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neighborhood of residence;
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religion;
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national origin;
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ethnicity; or
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suspected, alleged, or confirmed gang affiliation, unless it is germane to a specific unlawful incident or to a specific prospect of unlawful activity the school is otherwise required to report.
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Nothing in this paragraph shall prohibit the sharing of information:
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for the purposes of completing a report pursuant to section 51A of chapter 119;
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upon the specific, informed written consent of the eligible student, parent or guardian;
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to comply with a court order or lawfully issued subpoena;
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in connection with a health or safety emergency pursuant to the provisions of 603 C.M.R. 23.07(4)(e); or (v) for the purposes of filing a weapon report with the local chief of police pursuant to this section.
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D. District and School Crisis Teams:
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The district has a Crisis Team that meets regularly to ensure the Emergency Operation Procedures (EOP) is kept updated.
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Each school has a crisis team that responds to emergencies
E. Transferred students' school records
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A student transferring into a local system must provide the new school system with a complete school record of the entering student. Said record shall include, but not be limited to, any incidents involving suspension or violation of criminal acts or any incident reports in which such student was charged with any suspended act.
Student Safety Related to Courses with Machinery or Equipment
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Instruction in courses in industrial arts, science, family and consumer science, art, physical education, health, and safety will include and emphasize accident prevention.
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Safety instruction will precede the use of materials and equipment by students in applicable units of work, and instructors will teach and enforce all safety rules set up for the particular courses. These include the wearing of protective eye devices in appropriate activities.
Safety on the Playground and Playing Field
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The District shall provide safe play areas. Precautionary measures, which the District requires, shall include:
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A periodic inspection of the school's playground and playing fields by the Principal of the school and others as may be deemed appropriate;
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Instruction of students in the proper use of equipment;
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Supervision of both organized and unorganized activities.
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Fire Drills and Reporting
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The District shall cooperate with appropriate fire departments in the conduct of fire drills.
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The Principal of any public or private school, containing any of grades 1 to 12, shall immediately report any incident of unauthorized ignition of any fire within the school building or on school grounds, to the local fire department.
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Within 24 hours, the Principal shall submit a written report of the incident to the head of the fire department on a form furnished by the Department of Fire Services.
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The Principal must file this report whether or not the fire department responded.
Legal references:
MGL 71:37L; 148:2A
Adopted by the MRSC March 27, 2013
Revised: December 22, 2022
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File JLA: Student Insurance Program
A noncompulsory accident insurance plan totally administered by an insurance company may be made available to students. The District does not assume any responsibility regarding service, claims, or other matters relating to the insurance program.
All students participating in competitive athletics shall be required to be covered by a medical insurance plan.
Adopted by the MRSC March 27, 2013
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File JLC: Student Health Services and Requirements
File: JLC
Monomoy Regional School District
STUDENT HEALTH SERVICES AND REQUIREMENTS
Activities may include identification of student health needs, health screening tests (including eye and hearing screening tests), communicable disease prevention and control, promotion of the correction of remediable health defects, emergency care of the ill and injured, health counseling, health and safety education, and the maintenance of a healthful school environment.
The District recognizes that parents/guardians/caregivers have the primary responsibility for the health of their students. The school will cooperate with appropriate professional organizations associated with maintaining individual and community health and safety.
The District shall provide the services of a medical consultant who shall render medical and administrative consultative services for personnel responsible for school health and athletics.
Procedures for Emergency at School
School personnel shall give only emergency care to students who become ill or injured on school
property, buses, or while under school supervision.
Each year parents shall supply information indicating where the student is to be taken in case of an emergency; the name, address, and phone number of a neighbor to be contacted in case the parent/guardian is not available; and any allergies or diseases the student might have.
The District shall maintain a Crisis Manual, which shall be utilized by District personnel for handling emergencies. Emergency procedures shall include the following:
Provision for care beyond First Aid, which would enable care by the family or its physician or the Paramedic Assistance Unit of the Fire Department. In instances when the Paramedic Assistance Unit is required, every effort shall be made to provide the unit with the student's Emergency Card which lists any allergies or diseases the student might have;
Information relative to not permitting the administration of any form of medicine or drugs to students without written approval of parents. Requests made by parents for such administration of medication shall be reviewed and approved by the Principal or designee;
Provisions for reporting all accidents, cases of injury, or illness to the Principal. Provisions shall be made (in all cases of injury or illness involving possible legal or public relations implications) for reporting such to the appropriate executive director of education immediately;
Prompt reporting by teachers to the Principal or designee any accident or serious illness and such reports will be filed with the Business Office.
Student Illness or Injury
In case of illness or injury, the parent or guardian will be contacted and asked to call for the student or provide the transportation.
Transportation of an ill or injured student is not normally to be provided by the school. If the parent cannot provide transportation and the student is ill or injured, an ambulance may be called. Expense incurred as a result of emergency ambulance use will not be borne by the District.
Transportation of a student by school personnel will be done only in an emergency and by the individual so designated by the school administrator.
Legal references:
M.G.L. 71:53;54;54A;54B;55;55A;55B;56;57
Cross references:
EBB, First Aid
Adopted by the MRSC March 27, 2013
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File JLCA: Physical Examinations of Students
Every student will be examined once in each school year for screening in sight or hearing and for other physical problems as provided in the laws. A record of the results will be kept by the school nurse.
Every student will be given a general physical examination four times: upon entering school and upon admittance to the fourth, seventh, and tenth grades.
The results of examinations will be a basis for determining what corrective measures or modifications of school activities, if any, should be recommended. A record of all examinations and recommendations will be kept.
Every candidate for a school athletic team will present the signed consent of parent or guardian in order to participate on a squad and will, with the signed consent of parent or guardian, be examined to determine physical fitness. The school physician will examine athletes, except when a family wishes to have the examination done by their own doctor at their own expense. A written report stating the fitness of the student to participate signed by the physician will be sent to the school Principal prior to participation in the program.
The school physician will make a prompt examination of all children referred to him/her by the school nurse. He/she will examine school employees when, in his opinion, the protection of the student's health may require it. Except in an emergency, the school physician will not prescribe for or treat any student.
Whenever the school nurse finds a child suffering from any disease or medical problem, the situation will be reported to the parent or guardian in writing, or by personal visit if remedial treatment is recommended. A copy of the report will be filed at the school.
The school nurse will make a monthly report to the Superintendent of the number of students examined; the number excluded; and the number recommended for treatment or special adjustment of work. In all cases of exclusion or recommendation, the causes will be included in the report.
Legal references:
M.G.L. 71:53; 71:54; 71:56; 71:57
Cross references:
JF, School Admissions
Adopted by the MRSC March 27, 2013
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File JLCB: Inoculations of Students
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File JLCB:
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Monomoy Regional School District
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Inoculations of Students - DRAFT
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Students entering school for the first time, whether at kindergarten or through transfer from another school system, will be required to present a physician's certificate attesting to immunization against communicable diseases as may be specified from time to time by the Department of Public Health. The only exception to these requirements will be made on receipt of a written statement from a doctor that immunization would not be in the best interests of the child, or by the student's parent/guardian/caregiver stating that vaccination or immunization is contrary to the religious beliefs of the student or parent/guardian/caregiver.
LEGAL REF.: M.G.L. 76:15-
CROSS REF.: JF, School Admissions
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Adopted: March 27, 2013
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Revised: 5/25/23
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File JLCC: Communicable Diseases
The District is required to provide educational services to all school age children who reside within its boundaries. By law, however, admission to school may be denied to any child diagnosed as having a disease whereby attendance could be harmful to the welfare of other students and staff, subject to the District's responsibilities to handicapped children under the law.
The School Committee recognizes that communicable diseases which may afflict students range from common childhood diseases, acute and short-term in nature, to chronic, life-threatening diseases such as Acquired Immune Deficiency Syndrome (AIDS).
Management of common communicable diseases shall be in accordance with Massachusetts Department of Health guidelines. A student who exhibits symptoms of a communicable disease may be temporarily excluded from school attendance. The District reserves the right to require a physician's statement authorizing the student's return to school.
The educational placement of a student who is medically diagnosed as having a life-threatening communicable disease shall be determined on an individual basis in accordance with this policy and accompanying administrative procedures. Decisions about the proper educational placement shall be based on the student's behavior, neurological development, and physical condition; the expected type of interaction with others in school setting; and the susceptibility to other diseases and the likelihood of presenting risks to self or others. A regular review of the placement decision shall be conducted to assess changes in the student's physical condition, or based on new information or research that may warrant a change in a student's placement.
In the event a student with a life-threatening communicable disease qualifies for services under state and federal law, the procedures for determining the appropriate educational placement in the least restrictive environment shall be used in lieu of the procedures designated above.
Neither this policy nor the placement of a student in any particular program shall preclude the administration from taking any temporary actions including removal of a student from the classroom as deemed necessary to protect the health, safety, and welfare of the student, staff, and others.
In all proceedings related to this policy, the District shall respect the student's right to privacy. Only those persons with a direct need to know shall be informed of the specific nature of the student's condition. The determination of those who need to know shall be made by the Superintendent.
Legal references:
M.G.L. 71:55
Adopted by the MRSC March 27, 2013
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File JLCD: Administering Medicines to Students
Medication may not be administered to students while at school unless such medicine is given to them by the school nurse acting under specific written request of the parent or guardian and under the written directive of the student's personal physician. When the school nurse is not present, a student who needs medication during the school day may be called to the office at the scheduled hour and reminded by the nurse designee to take the medicine. This provision only applies when the correct dosage of the medication has been placed in an individual container clearly marked with the student's name, the dosage to be administered, and the time and/or conditions under which the medicine is to be taken. In addition, the student must be able to recognize the medicine that he/she or she is taking. No one but the school nurse, and those others listed in the medical administration plan acting within the above restriction, may give any medication to any student.
The school district shall, through the district nurse leader, register with the Dept. of Public Health and train personnel in the use of Epi-pens.
Following consultation with the school nurse, students who fall into the following exceptions may selfadminister medications:
- Students with asthma or other respiratory diseases may possess and administer prescription inhalers.
- Students with cystic fibrosis may possess and administer prescription enzyme supplements.
- Students with diabetes may possess and administer glucose monitoring tests and insulin delivery systems.
Legal references:
M.G.L. 71:54B
Dept. of Public Health Regulations: 105 CMR 210.00
Adopted by the MRSC March 27, 2013
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File JLCDA - ADMINISTRATION OF NALOXONE (NARCAN) - NEW POLICY
File: JLCDA
Monomoy Regional School District
ADMINISTRATION OF NALOXONE (NARCAN) Policy
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In order to recognize and respond to potential life threatening opioid overdose as part of the Massachusetts Department of Public Health (MDPH) opioid overdose prevention program, the Monomoy Regional School District will maintain a system-wide plan for addressing potentially life-threatening opioid overdose reaction.
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Additionally: This plan will be supplemented by any building-based medical emergency response plan.
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The Nurse Leader will have the responsibility for the development and management of the intranasal Naloxone administration program in the school setting in accordance with MDPH protocols.
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The School Physician will provide oversight to monitor the program and creation of the standing order for the district, to be renewed annually.
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Training per MDPH protocols will be provided for all school nurse responders.
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It is the policy of the Monomoy Regional School District that all schools shall provide and maintain on-site in each school facility, Naloxone. To treat a case of suspected opioid overdose in a school setting, any school nurse may administer Naloxone during an emergency, to any student, staff or visitor suspected of having an opioid-related drug overdose, whether or not there is a previous history of opioid abuse.
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Naloxone is the only Schedule IV controlled substance in Massachusetts that can be prescribed to someone other than the ultimate user. The Massachusetts Controlled Substances Act, M.G.L.c.94C,§19(b), authorizes naloxone to be prescribed or dispensed to a person for use on someone else. It is the policy of the Monomoy Regional School District that all schools shall provide and maintain naloxone on-site in each school facility. To treat a case of suspected opioid overdose in a school setting, any school nurse may administer naloxone during an emergency to any student, staff, or visitor suspected of having an opioid-related drug overdose, whether or not there is a previous history of opioid abuse, per 105 CMR 210.000,THE ADMINISTRATION OF PRESCRIPTION MEDICATIONS IN PUBLIC AND PRIVATE SCHOOLS.
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Because naloxone is treated differently than any other prescription medication, and because any person can possess and administer naloxone, pursuant to the standing order, it is the policy of the Massachusetts Department of Public Health School Health Unit that individual possession and use of naloxone is not covered by 105 CMR 210.000. This means that pursuant to M.G.L. c.94c,§19(g) any staff member of the Monomoy Regional School District who, in good faith, attempts to render emergency care by administering naloxone to a person reasonably believed to be experiencing an opiate related overdose, shall not be liable from the attempt to render emergency care and may carry and administer naloxone on school property and school events, as permitted within M.G.L. c. 94C, §§ 19(d) and 34A9e). This immunity does not apply to acts or omissions constituting gross negligence.
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Background
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Recognizing that fatal and non-fatal overdoses from opioids play an increasing role in the mortality and morbidity of Massachusetts residents, the Massachusetts Department of Public Health launched the Overdose Education and Naloxone Distribution (OEND) prevention program using intranasal Naloxone in an attempt to reverse this trend.
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Naloxone is an opioid antagonist which means it displaces the opioid from receptors in the brain. An overdose occurs because the opioid is on the same receptor site in the brain that is responsible for breathing.
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Rapid administration of Naloxone may be life-saving in patients with an overdose due to opioids.
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Naloxone usually acts dramatically, allowing slowed or absent breathing to resume.
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It is both safe and effective and has no potential for abuse. Naloxone has been used by paramedics in ambulances and by emergency room clinicians for decades.
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Signs and Symptoms of Opioid Overdose:
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School nurses may administer Naloxone to a patient (student, staff member or visitor) in the event of respiratory depression, unresponsiveness or respiratory arrest, when an opioid overdose is suspected.
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The following are signs of an opioid overdose:
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Blue skin tinge-usually lips and fingertips show first
Body is very limp
Face is very pale
Pulse is slow, erratic or not present
Vomiting
Choking sounds, gurgling, snoring/gasping noise
Breathing is very slow, irregular or has stopped
Unresponsive
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Procedure
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Activate EMS via Medical Emergency Response Plan. 911 must be called in all potential overdose situations.
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Assessment: ABC’s: Airway, Breathing, Circulation. When a patient is suspected of an opioid overdose, the nurse will conduct an initial assessment of the level of consciousness and respiratory status.
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For individuals with no pulse: initiate CPR per BLS guidelines.
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For individuals with a pulse but who are not breathing: establish an airway and perform rescue breathing using a face mask or shield.
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Check for: foreign body in airway, level of consciousness, or unresponsiveness, very low respiratory rate or not breathing, no response to sternal rub, respiratory status, gasping for air while asleep or odd snoring pattern, pale or bluish skin, slow heart rate, low blood pressure. Pinpoint pupils and track marks may be present, although absence of these findings does not exclude opioid overdose.
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For individuals who have a pulse and are breathing: assess if there is depression of the respiratory status as evidenced by:
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a very low respiration rate
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interpretation of pulse oximetry measurement, if immediately available
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Assess for decrease in level of consciousness as evidenced by:
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difficult to arouse (responds to physical stimuli but does not communicate or follow commands, may move spontaneously) or
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unable to arouse (minimal or no response to noxious stimuli, does not communicate or follow commands).
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Nurse determines need for Naloxone administration
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Administration: Intranasal administration of Naloxone
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Assess person for contraindications or precaution, per available information.
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How to use Naloxone Nasal Spray:
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Follow manufacturer instructions for proper administration.
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Step 1. Lay the person on their back to receive a dose of Naloxone Nasal Spray.
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Step 2. Remove Naloxone Nasal Spray from the box. Peel back the tab with the circle to open the Naloxone Nasal Spray.
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Step 3. Hold the Naloxone Nasal Spray with your thumb on the bottom of the red plunger and your first and middle fingers on either side of the Nozzle.
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Step 4. Tilt the person’s head back and provide support under the neck with your hand. Gently insert the tip of the nozzle into one nostril until your fingers on either side of the nozzle are against the bottom of the person’s nose.
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Step 5. Press the red plunger firmly to give the dose of Naloxone Nasal Spray.
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Step 6. Remove the Naloxone Nasal Spray from the nostril after giving the dose.
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If the person does not respond in 3 mins, repeat the steps and give the second dose of Naloxone Nasal Spray in a box.
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Monitor and stay with victim until EMS arrives
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Place the victim in the recovery position; lay the person on their side, his or her body is supported by a bent knee and face turned to the side.
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Additional Considerations:
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Naloxone blocks the opioid from acting so it can cause withdrawal symptoms with opioid tolerance.
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The victim may be angry or combative when he or she wakes up, therefore, it is important to stand back from the victim and, if possible, have a second adult present.
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Potential adverse effects include nausea, diarrhea, abdominal cramping, irritability, restlessness, muscle or bone pain, tearing or nose running, and craving of an opioid.
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Naloxone wears off in thirty (30) to ninety (90) minutes.
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Transport to the nearest hospital via EMS. Students who receive a dose of Naloxone must be sent to the emergency room for follow-up.
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Follow-up: If the administration of Naloxone was to a student, the school nurse will notify the Director of Student Support Services, the building administration and guidance. Student services will provide substance abuse prevention resources to the student and family, as appropriate.
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Documentation: Record encounter in student/staff school health record and on an incident report. The recording should list the dose, route of administration, and time of delivery. It should include the patient presentation and response to Naloxone.
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Training: The School Nurse Leader will provide annual education and training for school nurses by approved MDPH organizations.
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Procurement: The superintendent, principal, School Nurse Leader or designee will be responsible for the procurement of Naloxone and will distribute Naloxone kits to each school/school nurse.
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Storage: Naloxone should be stored in a secure, but unlocked, location, at room temperature and away from direct sunlight. It will be clearly marked and stored in an accessible place at the discretion of the school nurse. The school nurse will regularly inspect the Naloxone to check the expiration date on the box or vial and check the condition of the mucosal atomization devices.
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Disposal: Empty administered Naloxone Nasal Spray should be returned to the original packaging and disposed of in a waste receptacle.
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Medication Errors: All medication errors will be reported pursuant to 105 CMR 210 and Monomoy Regional School District’s medication administration plan.
Adopted: 4/13/2023
Revised:
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File JLI: Safe Schools Policy
The Monomoy Regional Schools endeavor to provide a safe environment in which students can learn and participate in all programs offered or sponsored by the District. Endeavoring to provide for the safety of students, employees, and visitors while at school and/or participating in school sponsored activities is the responsibility of all school personnel. If a school department employee confronts a situation which s/he considers to be unsafe for any reason, s/he should take all reasonable steps within his/her ability to do so to eliminate the potential for harm to others and thereafter report the circumstances involved to their building principal. The Superintendent may from time to time promulgate "administrative procedures" to effectuate the goals of this policy.
Legal references:
MGL Chapter 71, Section 37H
Adopted: March 27, 2013
Revised:
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File JLIA: Supervision of Students
The Committee expects all students to be under assigned adult supervision at all times when they are in school, on school grounds, traveling under school auspices, or engaging in school-sponsored activities.
School personnel assigned this supervision are expected to act as reasonably prudent adults in providing for the safety of the students in their charge.
In keeping with this expected prudence, no teacher or other staff member shall leave his/her assigned group unsupervised except as an arrangement has been made to take care of an emergency.
During school hours, or while engaging in school-sponsored activities, students shall be released only into the custody of parents or other authorized persons.
Adopted: March 27, 2013
Revised:
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File JQ: Student Fees, Fines, and Charges
The School Committee recognizes the need for student fees to fund certain school activities. It also recognizes that some students may not be able to pay these fees. No student will be denied access into any program because of inability to pay these supplementary charges.
A school may exact a fee or charge only upon School Committee approval. The schools, however, may:
- Charge students enrolled in certain courses for the cost of materials used in projects that will become the property of the student.
- Charge for lost and damaged books, materials, supplies, and equipment.
Students who are eligible for free and reduced lunch are exempt from paying fees. However, these students are not exempt from charges for lost and damaged books, locks, materials, supplies, and equipment.
All student fees and charges, both optional and required, will be listed and described annually in each school's student handbook or in some other written form and distributed to each student. The notice will advise students that fees are to be paid and of the penalties for their failure to pay them. Permissible
penalties include the withholding of report cards until payment is made or denial of participation in extra class activities while the student is enrolled in this District.Any fee or charge due to any school in the District and not paid at the end of the school year will be carried forward to the next succeeding school year, as such debts are considered to be debts of the student to the District and not to a particular school.
Adopted: March 27, 2013
Revised:
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File JRA-R: Student Records Policy
File: JRA
Monomoy Regional School District
STUDENT RECORDS POLICY
603 CMR 23.00 is promulgated by the Board of Education pursuant to its powers under M.G.L.c.71, s.34D which directs that “the board of education shall adopt regulations relative to the maintenance of student records by the public elementary and secondary schools of the Commonwealth,” and under M.G.L.c.71, s.34F which directs that “the board of education shall adopt regulations relative to the retention, duplication and storage of records under the control of school committees, and except as otherwise required by law may authorize the periodic destruction of any such records at reasonable times.” 603 CMR 23.00 was originally promulgated on February 10, 1975, and was reviewed and amended in June 1995. 603 CMR is in conformity with federal and state statutes regarding maintenance of and access to student records, and is to be construed harmoniously with such statutes.
Application of Rights
603 CMR 23.00 is promulgated to insure parents’ and students’ rights of confidentiality, inspection, amendment, and destruction of student records and to assist local school systems in adhering to the law.
603 CMR 23.00 should be liberally construed for these purposes.
- These rights shall be the rights of the student upon reaching 14 years of age or upon entering the ninth grade, whichever comes first. If a student is under the age of 14 and has not yet entered the ninth grade, these rights shall belong to the student’s parent.
- If a student is from 14 through 17 years or has entered the ninth grade, both the student and his/her parent, or either one acting alone, shall exercise these rights.
- If a student is 18 years of age or older, he/she alone shall exercise these rights, subject to the following. The parent may continue to exercise the rights until expressly limited by such student. Such student may limit the rights and provisions of 603 CMR 23.00 which extend to his/her parent, except the right to inspect the student record, by making such request in writing to the school Principal or Superintendent of Schools who shall honor such request and retain a copy of it in the student record. Pursuant to M.G.L. c.71, s.34E, the parent of a student may inspect the student record regardless of the student’s age.
- Notwithstanding 603 CMR 23.01(1) and 23.01(2), nothing shall be construed to mean that a school committee cannot extend the provisions of 603 CMR 23.00 to students under the age of 14 or to students who have not yet entered the ninth grade.
Definition of Terms
The various terms as used in 603 CMR 23.00 are defined below:
Access: shall mean inspection or copying of a student record, in whole or in part.
Authorized school personnel: shall consist of three groups:
- School administrators, teachers, counselors and other professionals who are employed by the School Committee or who are providing services to the student under an agreement between the School Committee and a service provider, and who are working directly with the student in an administrative, teaching, counseling and/or diagnostic capacity. Any such personnel who are not employed directly by the School Committee shall have access only to the student record information that is required for them to perform their duties.
- Administrative office staff and clerical personnel, including operators of data processing equipment or equipment that produces microfilm/microfiche, who are either employed by the School Committee or are employed under a School Committee service contract, and whose duties require them to have access to student records for purposes of processing information for the student record. Such personnel shall have access only to the student record information that is required for them to perform their duties.
- The evaluation team which evaluates a student.
Eligible student: shall mean any student who is 14 years of age or older or who has entered 9th grade, unless the School Committee acting pursuant to 603 CMR 23.01(4) extends the rights and provisions of 603 CMR 23.00 to students under the age of 14 or to students who have not yet entered 9th grade.
Evaluation Team: shall mean the team, which evaluates school-age children pursuant to M.G.L.c.71B (St. 1972, c.766) and 603 CMR 28.00.
Parent: shall mean a student’s father or mother, or guardian, or person or agency legally authorized to act on behalf of the child in place of or in conjunction with the father, mother, or guardian. Any parent who by court order does not have physical custody of the student, is considered a non custodial parent for purposes of M.G.L. c. 71, s.34H and 603 CMR 23.00. This includes parents who by court order do not reside with or supervise the student, even for short periods of time.
Release: shall mean the oral or written disclosure, in whole or in part, of information in a student record.
School-age child with special needs: shall have the same definition as that given in M.G.L. c. 71B (St. 1972, c.766) and 603 CMR 28.00.
School committee: shall include a school committee, a board of trustees of a charter school, a board of trustees of a vocational-technical school, a board of directors of an educational collaborative and the governing body of an M.G.L. c.71B (Chapter 766) approved private school.
Student: shall mean any person enrolled or formerly enrolled in a public elementary or secondary school or any person age three or older about whom a school committee maintains information. The term as used in 603 CMR 23.00 shall not include a person about whom a school committee maintains information relative only to the person’s employment by the School Committee.
The student record: shall consist of the transcript and the temporary record, including all information, recording and computer tapes, microfilm, microfiche, or any other materials, regardless of physical form or characteristics concerning a student that is organized on the basis of the student’s name or in a way that such student may be individually identified, and that is kept by the public schools of the Commonwealth. The terms as used in 603 CMR 23.00 shall mean all such information and materials regardless of where they are located, except for the information and materials specifically exempted by 603 CMR 23.04.
The temporary record: shall consist of all the information in the student record which is not contained in the transcript. This information clearly shall be of importance to the educational process. Such information may include standardized test results, class rank (when applicable), extracurricular activities, and evaluations by teachers, counselors, and other school staff.
Third party: shall mean any person or private or public agency, authority, or organization other than the eligible student, his/her parent, or authorized school personnel.
The transcript: shall contain administrative records that constitute the minimum data necessary to reflect the student's educational progress and to operate the educational system. These data shall be limited to the name, address, and phone number of the student; his/ her birthdate; name, address, and phone number of the parent or guardian; course titles, grades (or the equivalent when grades are not applicable), course credit, grade level completed, and the year completed.
Collection of Data: Limitations and Requirements
All information and data contained in or added to the student record shall be limited to information relevant to the educational needs of the student. Information and data added to the temporary record shall include the name, signature, and position of the person who is the source of the information, and the date of entry into the record. Standardized group test results that are added to the temporary record need only include the name of the test and/or publisher, and date of testing.
Personal Files of School Employees
The term student record does not include notes, memory aids and other similar information that is maintained in the personal files of a school employee and is not accessible or revealed to authorized school personnel or any third party. Such information may be shared with the student, parent or a temporary substitute of the maker of the record, but if it is released to authorized school personnel it becomes part of the student record subject to all the provisions of 603 CMR 23.00.
Privacy and Security of Student Records
- The school principal or his/her designee shall be responsible for the privacy and security of all student records maintained in the school.
- The superintendent of schools or his/her designee shall be responsible for the privacy and security of all student records that are not under the supervision of a school principal, for example, former students' transcripts stored in the school department's central administrative offices or student records of school-age children with special needs who have not been enrolled in a public school.
- The principal and superintendent of schools shall insure that student records under their supervision are kept physically secure, that authorized school personnel are informed of the provisions of 603 CMR 23.00 and M.G.L. c. 71, § 34H and are educated as to the importance of information privacy and confidentiality; and that any computerized systems employed are electronically secure.
Destruction of Student Records
- The student's transcript shall be maintained by the school department and may only be destroyed 60 years following his/her graduation, transfer, or withdrawal from the school system.
- During the time a student is enrolled in a school, the principal or his/her designee shall periodically review and destroy misleading, outdated, or irrelevant information contained in the temporary record provided that the eligible student and his/her parent are notified in writing and are given opportunity to receive the information or a copy of it prior to its destruction. A copy of such notice shall be placed in the temporary record.
- The temporary record of any student enrolled on or after the effective date of 603 CMR 23.00 shall be destroyed no later than seven years after the student transfers, graduates, or withdraws from the school system. Written notice to the eligible student and his/her parent of the approximate date of destruction of the record and their right to receive the information in whole or in part, shall be made at the time of such transfer, graduation, or withdrawal. Such notice shall be in addition to the routine information letter required by 603 CMR 23.10.
- In accordance with M.G.L. c 71, section 87, the score of any group intelligence test administered to a student enrolled in a public school shall be removed from the record of said student at the end of the school year in which such test was so administered.
Log of Access
A log shall be kept as part of each student's record. If parts of the student record are separately located, a separate log shall be kept with each part. The log shall indicate all persons who have obtained access to the student record, stating: the name, position and signature of the person releasing the information; the name, position and, if a third party, the affiliation if any, of the person who is to receive the information; the date of access; the parts of the record to which access was obtained; and the purpose of such access. Unless student record information is to be deleted or released, this log requirement shall not apply to:
- authorized school personnel under 603 CMR 23.02(9)(a) who inspect the student record;
- administrative office staff and clerical personnel under 603 CMR 23.02(9)(b), who add information to or obtain access to the student record; and
- school nurses who inspect the student health record.
Access of Eligible Students and Parents
The eligible student or the parent, subject to the provisions of 603 CMR 23.07 (5), shall have access to the student record. Access shall be provided as soon as practicable and within ten days after the initial request, except in the case of non-custodial parents as provided in 603 CMR 23.07 (5). Upon request for access, the entire student record regardless of the physical location of its parts shall be made available.
- Upon request, copies of any information contained in the student record shall be furnished to the eligible student or the parent. A reasonable fee, not to exceed the cost of reproduction, may be charged. However, a fee may not be charged if to do so would effectively prevent the parents or eligible student from exercising their right, under federal law, to inspect and review the records.
- Any student, regardless of age, shall have the right pursuant to M.G.L. c. 71, section 34A to receive a copy of his/her transcript.
- The eligible student or the parent shall have the right upon request to meet with professionally qualified school personnel and to have any of the contents of the student record interpreted.
- The eligible student or the parent may have the student record inspected or interpreted by a third party of their choice. Such third party shall present specific written consent of the eligible student or parent, prior to gaining access to the student record.
Access of Authorized School Personnel
Subject to 603 CMR 23.00, authorized school personnel shall have access to the student records of students to whom they are providing services, when such access is required in the performance of their official duties. The consent of the eligible student or parent shall not be necessary.
Access of Third Parties
Except for the provisions of 603 CMR 23.07(4)(a) through 23.07(4)(h), no third party shall have access to information in or from a student record without the specific, informed written consent of the eligible student or the parent. When granting consent, the eligible student or parent shall have the right to designate which parts of the student record shall be released to the third party. A copy of such consent shall be retained by the eligible student or parent and a duplicate placed in the temporary record. Except for information described in 603 CMR 23.07(4)(a), personally identifiable information from a student record shall only be released to a third party on the condition that he/she will not permit any other third party to have access to such information without the written consent of the eligible student or parent.
- A school may release the following directory information: a student's name, address, telephone listing, date and place of birth, major field of study, dates of attendance, weight and height of members of athletic teams, class, participation in officially recognized activities and sports, degrees, honors and awards, and post-high school plans without the consent of the eligible student or parent; provided that the school gives public notice of the types of information it may release under 603 CMR 23.07 and allows eligible students and parents a reasonable time after such notice to request that this information not be released without the prior consent of the eligible student or parent. Such notice may be included in the routine information letter required under 603 CMR 23.10.
- Upon receipt of a court order or lawfully issued subpoena the school shall comply, provided that the school makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance.
- A school may release information regarding a student upon receipt of a request from the Department of Social Services, a probation officer, a justice of any court, or the Department of Youth Services under the provisions of M.G.L. c. 119, sections 51B, 57, 69 and 69A respectively.
- Federal, state and local education officials, and their authorized agents shall have access to student records as necessary in connection with the audit, evaluation or enforcement of federal and state education laws, or programs; provided that except when collection of personally identifiable data is specifically authorized by law, any data collected by such officials shall be protected so that parties other than such officials and their authorized agents cannot personally identify such students and their parents; and such personally identifiable data shall be destroyed when no longer needed for the audit, evaluation or enforcement of federal and state education laws.
- A school may disclose information regarding a student to appropriate parties in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. This includes, but is not limited to, disclosures to the local police department and the Department of Social Services under the provisions of M.G.L. c. 71, section 37L and M.G.L. c. 119, section 51A.
- Upon notification by law enforcement authorities that a student, or former student, has been reported missing, a mark shall be placed in the student record of such student. The school shall report any request concerning the records of the such child to the appropriate law enforcement authority pursuant to the provisions of M.G.L. c. 22A, section 9.
- Authorized school personnel of the school to which a student seeks or intends to transfer may have access to such student's record without the consent of the eligible student or parent, provided that the school the student is leaving, or has left, gives notice that it forwards student records to schools in which the student seeks or intends to enroll. Such notice may be included in the routine information letter required under 603 CMR 23.10.
- School health personnel and local and state health department personnel shall have access to student health records, including but not limited to immunization records, when such access is required in the performance of official duties, without the consent of the eligible student or parent.
Access Procedures for Non-Custodial Parents
As required by M.G.L. c. 71, § 34H, a non-custodial parent may have access to the student record in accordance with the following provisions.
- A non-custodial parent is eligible to obtain access to the student record unless:
- the parent has been denied legal custody or has been ordered to supervised visitation, based on a threat to the safety of the student and the threat is specifically noted in the order pertaining to custody or supervised visitation, or
- the parent has been denied visitation, or
- the parent's access to the student has been restricted by a temporary or permanent protective order, unless the protective order (or any subsequent order modifying the protective order) specifically allows access to the information contained in the student record, or
- there is an order of a probate and family court judge which prohibits the distribution of student records to the parent.
- The school shall place in the student's record documents indicating that a non-custodial parent's access to the student's record is limited or restricted pursuant to 603 CMR 23.07(5)(a).
- In order to obtain access, the non-custodial parent must submit a written request for the student record to the school principal.
- Upon receipt of the request the school must immediately notify the custodial parent by certified and first class mail, in English and the primary language of the custodial parent, that it will provide the non-custodial parent with access after 21 days, unless the custodial parent provides the principal with documentation that the non-custodial parent is not eligible to obtain access as set forth in 603 CMR 23.07 (5)(a).
- The school must delete all electronic and postal address and telephone number information relating to either work or home locations of the custodial parent from student records provided to non-custodial parents. In addition, such records must be marked to indicate that they shall not be used to enroll the student in another school.
- Upon receipt of a court order that prohibits the distribution of information pursuant to G.L. c. 71, §34H, the school shall notify the non-custodial parent that it shall cease to provide access to the student record to the non-custodial parent.
Amending the Student Record
- The eligible student or the parent shall have the right to add information, comments, data, or any other relevant written material to the student record.
- The eligible student or the parent shall have the right to request in writing deletion or amendment of any information contained in the student record, except for information which was inserted into that record by an Evaluation Team. Such information inserted by an Evaluation Team shall not be subject to such a request until after the acceptance of the Evaluation Team Educational Plan, or, if the Evaluation Team Educational Plan is rejected, after the completion of the special education appeal process. Any deletion or amendment shall be made in accordance with the procedure described below:
- If such student or parent is of the opinion that adding information is not sufficient to explain, clarify or correct objectionable material in the student record, either student or parent shall present the objection in writing and/or have the right to have a conference with the principal or his/her designee to make the objections known.
- The principal or his/her designee shall within one week after the conference or receipt of the objection, if no conference was requested, render to such student or parent a decision in writing, stating the reason or reasons for the decision. If the decision is in favor of the student or parent, the principal or his/her designee shall promptly take such steps as may be necessary to put the decision into effect.
Notification
At least once during every school year, the school shall publish and distribute to students and their parents in their primary language a routine information letter informing them of the following:
- The standardized testing programs and research studies to be conducted during the year and other routine information to be collected or solicited from the student during the year.
- The general provisions of 603 CMR 23.00 regarding parent and student rights, and that copies of 603 CMR 23.00 are available to them from the school.
In those school systems required under M.G.L. c. 71A to conduct a bilingual program, all forms, regulations, or other documents regarding 603 CMR 23.00 that a parent receives or is required to receive shall be in the language spoken in the home of the student, provided that it is a language for which the school system is required to provide a bilingual program.
Legal references:
Family Educational Rights and Privacy Act of 1974, P.L. 93-380, Amended
P.L. 103-382, 1994
603 CMR 23.00: M.G.L. c. 71, 34D, 34E.
Cross references:
KDB, Public’s Right to Know
Adopted:March 27, 2013
Revised: November 30, 2017
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File JRA: Student Records Policy
File: JRA
STUDENT RECORDS
In order to provide students with appropriate instruction and educational services, it is necessary for the school system to maintain extensive and sometimes personal information about them and their families. It is essential that pertinent information in these records be readily available to appropriate school personnel, be accessible to the student’s parents or legal guardian and/or the student in accordance with law, and yet be guarded as confidential information. The Superintendent will provide for the proper administration of student records in keeping with state and federal requirements, and shall obtain a copy of the state student records regulations (603 CMR 23.00). The temporary record of each student enrolled on or after June 2002 will be destroyed no later than seven years after the student transfers, graduates or withdraws from the School District. Written notice to the eligible student and his/her parent of the approximate date of destruction of the temporary record and their right to receive the information in whole or in part, shall be made at the time of such transfer, graduation, or withdrawal. The student’s transcript may only be destroyed 60 years following his/her graduation, transfer, or withdrawal from the school system. The Committee wishes to make clear that all individual student records of the school system are confidential. This extends to giving out individual addresses and telephone numbers.
LEGAL REFS: Family Educational Rights and Privacy Act of 1974, P.L. 93-380, Amended P.L. 103-382, 1994 M.G.L. 66:10 71:34A, B, D, E, H Board of Education Student Record Regulations adopted 2/10/77, June 1995 as amended June 2002. 603 CMR: Dept. of Elementary and Secondary Education 23.00 through 23:12 also Mass Dept. of Elementary and Secondary Education publication Student Records; Questions, Answers and Guidelines, Sept. 1995 CROSS REF: KDB, Public’s Right to Know Adopted Revised File:
JRA-R Student Records
STUDENT RECORDS 603 CMR 23.00 is promulgated by the Board of Education pursuant to its powers under M.G.L.c.71, s.34D which directs that “the board of education shall adopt regulations relative to the maintenance of student records by the public elementary and secondary schools of the Commonwealth,” and under M.G.L.c.71, s.34F which directs that “the board of education shall adopt regulations relative to the retention, duplication and storage of records under the control of school committees, and except as otherwise required by law may authorize the periodic destruction of any such records at reasonable times.” 603 CMR 23.00 was originally promulgated on February 10, 1975, and was reviewed and amended in June 1995. 603 CMR is in conformity with federal and state statutes regarding maintenance of and access to student records, and is to be construed harmoniously with such statutes.
Application of Rights 603 CMR 23.00 is promulgated to insure parents’ and students’ rights of confidentiality, inspection, amendment, and destruction of students’ records and to assist local school systems in adhering to the law. 603 CMR 23.00 should be liberally construed for these purposes.
(1) These rights shall be the rights of the student upon reaching 14 years of age or upon entering the ninth grade, whichever comes first. If a student is under the age of 14 and has not yet entered the ninth grade, these rights shall belong to the student’s parent.
(2) If a student is from 14 through 17 years or has entered the ninth grade, both the student and his/her parent, or either one acting alone, shall exercise these rights.
(3) If a student is 18 years of age or older, he/she alone shall exercise these rights, subject to the following. The parent may continue to exercise the rights until expressly limited by such student. Such student may limit the rights and provisions of 603 CMR 23.00 which extend to his/her parent, except the right to inspect the student record, by making such request in writing to the school Principal or Superintendent of Schools who shall honor such request and retain a copy of it in the student record. Pursuant to M.G.L. c.71, s.34E, the parent of a student may inspect the student record regardless of the student’s age.
(4) Notwithstanding 603 CMR 23.01(1) and 23.01(2), nothing shall be construed to mean that a school committee cannot extend the provisions of 603 CMR 23.00 to students under the age of 14 or to students who have not yet entered the ninth grade.
Definition of Terms The various terms as used in 603 CMR 23.00 are defined below:
Access: shall mean inspection or copying of a student record, in whole or in part.
Authorized school personnel: shall consist of three groups:
(1) School administrators, teachers, counselors and other professionals who are employed by the School Committee or who are providing services to the student under an agreement between the School Committee and a service provider, and who are working directly with the student in an administrative, teaching, counseling and/or diagnostic capacity. Any such personnel who are not employed directly by the School Committee shall have access only to the student record information that is required for them to perform their duties.
(2) Administrative office staff and clerical personnel, including operators of data processing equipment or equipment that produces microfilm/microfiche, who are either employed by the School Committee or are employed under a School Committee service contract, and whose duties require them to have access to student records for purposes of processing information for the student record. Such personnel shall have access only to the student record information that is required for them to perform their duties.
(3) The evaluation team which evaluates a student.
Eligible student: shall mean any student who is 14 years of age or older or who has entered 9 th grade, unless the School Committee acting pursuant to 603 CMR 23.01(4) extends the rights and provisions of 603 CMR 23.00 to students under the age of 14 or to students who have not yet entered 9 th grade.
Evaluation Team: shall mean the team, which evaluates school-age children pursuant to M.G.L.c.71B (St. 1972, c.766) and 603 CMR 28.00.
Parent: shall mean a student’s father or mother, or guardian, or person or agency legally authorized to act on behalf of the child in place of or in conjunction with the father, mother, or guardian. Any parent who by court order does not have physical custody of the student, is considered a non custodial parent for purposes of M.G.L. c. 71, s.34H and 603 CMR 23.00. This includes parents who by court order do not reside with or supervise the student, even for short periods of time.
Release: shall mean the oral or written disclosure, in whole or in part, of information in a student record.
School-age child with special needs: shall have the same definition as that given in M.G.L. c. 71B (St. 1972, c.766) and 603 CMR 28.00.
School committee: shall include a school committee, a board of trustees of a charter school, a board of trustees of a vocational-technical school, a board of directors of an educational collaborative and the governing body of an M.G.L. c.71B (Chapter 766) approved private school.
Student: shall mean any person enrolled or formerly enrolled in a public elementary or secondary school or any person age three or older about whom a school committee maintains information. The term as used in 603 CMR 23.00 shall not include a person about whom a school committee maintains information relative only to the person’s employment by the School Committee.
The student record: shall consist of the transcript and the temporary record, including all information, recording and computer tapes, microfilm, microfiche, or any other materials, regardless of physical form or characteristics concerning a student that is organized on the basis of the student’s name or in a way that such student may be individually identified, and that is kept by the public schools of the Commonwealth. The terms as used in 603 CMR 23.00 shall mean all such information and materials regardless of where they are located, except for the information and materials specifically exempted by 603 CMR 23.04.
The temporary record: shall consist of all the information in the student record which is not contained in the transcript. This information clearly shall be of importance to the educational process. Such information may include standardized test results, class rank (when applicable), extracurricular activities, and evaluations by teachers, counselors, and other school staff.
Third party: shall mean any person or private or public agency, authority, or organization other than the eligible student, his/her parent, or authorized school personnel.
The transcript: shall contain administrative records that constitute the minimum data necessary to reflect the student's educational progress and to operate the educational system. These data shall be limited to the name, address, and phone number of the student; his/ her birthdate; name, address, and phone number of the parent or guardian; course titles, grades (or the equivalent when grades are not applicable), course credit, grade level completed, and the year completed.
Collection of Data: Limitations and Requirements All information and data contained in or added to the student record shall be limited to information relevant to the educational needs of the student. Information and data added to the temporary record shall include the name, signature, and position of the person who is the source of the information, and the date of entry into the record. Standardized group test results that are added to the temporary record need only include the name of the test and/or publisher, and date of testing.
Personal Files of School Employees: The term student record does not include notes, memory aids and other similar information that is maintained in the personal files of a school employee and is not accessible or revealed to authorized school personnel or any third party. Such information may be shared with the student, parent or a temporary substitute of the maker of the record, but if it is released to authorized school personnel it becomes part of the student record subject to all the provisions of 603 CMR 23.00.
Privacy and Security of Student Records:
(1) The school principal or his/her designee shall be responsible for the privacy and security of all student records maintained in the school.
(2) The superintendent of schools or his/her designee shall be responsible for the privacy and security of all student records that are not under the supervision of a school principal, for example, former students' transcripts stored in the school department's central administrative offices or student records of school-age children with special needs who have not been enrolled in a public school.
(3) The principal and superintendent of schools shall insure that student records under their supervision are kept physically secure, that authorized school personnel are informed of the provisions of 603 CMR 23.00 and M.G.L. c. 71, § 34H and are educated as to the importance of information privacy and confidentiality; and that any computerized systems employed are electronically secure.
Destruction of Student Records
(1) The student's transcript shall be maintained by the school department and may only be destroyed 60 years following his/her graduation, transfer, or withdrawal from the school system.
(2) During the time a student is enrolled in a school, the principal or his/her designee shall periodically review and destroy misleading, outdated, or irrelevant information contained in the temporary record provided that the eligible student and his/her parent are notified in writing and are given opportunity to receive the information or a copy of it prior to its destruction. A copy of such notice shall be placed in the temporary record.
(3) The temporary record of any student enrolled on or after the effective date of 603 CMR 23.00 shall be destroyed no later than seven years after the student transfers, graduates, or withdraws from the school system. Written notice to the eligible student and his/her parent of the approximate date of destruction of the record and their right to receive the information in whole or in part, shall be made at the time of such transfer, graduation, or withdrawal. Such notice shall be in addition to the routine information letter required by 603 CMR 23.10. (4) In accordance with M.G.L. c 71, section 87, the score of any group intelligence test administered to a student enrolled in a public school shall be removed from the record of said student at the end of the school year in which such test was so administered.
Log of Access. A log shall be kept as part of each student's record. If parts of the student record are separately located, a separate log shall be kept with each part. The log shall indicate all persons who have obtained access to the student record, stating: the name, position and signature of the person releasing the information; the name, position and, if a third party, the affiliation if any, of the person who is to receive the information; the date of access; the parts of the record to which access was obtained; and the purpose of such access. Unless student record information is to be deleted or released, this log requirement shall not apply to: (a) authorized school personnel under 603 CMR 23.02(9)(a) who inspect the student record; (b) administrative office staff and clerical personnel under 603 CMR 23.02(9)(b), who add information to or obtain access to the student record; and (c) school nurses who inspect the student health record.
Access of Eligible Students and Parents. The eligible student or the parent, subject to the provisions of 603 CMR 23.07 (5), shall have access to the student record. Access shall be provided as soon as practicable and within ten days after the initial request, except in the case of non-custodial parents as provided in 603 CMR 23.07 (5). Upon request for access, the entire student record regardless of the physical location of its parts shall be made available. (a) Upon request, copies of any information contained in the student record shall be furnished to the eligible student or the parent. A reasonable fee, not to exceed the cost of reproduction, may be charged. However, a fee may not be charged if to do so would effectively prevent the parents or eligible student from exercising their right, under federal law, to inspect and review the records. (b) Any student, regardless of age, shall have the right pursuant to M.G.L. c. 71, section 34A to receive a copy of his/her transcript. (c) The eligible student or the parent shall have the right upon request to meet with professionally qualified school personnel and to have any of the contents of the student record interpreted. (d) The eligible student or the parent may have the student record inspected or interpreted by a third party of their choice. Such third party shall present specific written consent of the eligible student or parent, prior to gaining access to the student record. Access of Authorized School Personnel. Subject to 603 CMR 23.00, authorized school personnel shall have access to the student records of students to whom they are providing services, when such access is required in the performance of their official duties. The consent of the eligible student or parent shall not be necessary.
Access of Third Parties. Except for the provisions of 603 CMR 23.07(4)(a) through 23.07(4)(h), no third party shall have access to information in or from a student record without the specific, informed written consent of the eligible student or the parent. When granting consent, the eligible student or parent shall have the right to designate which parts of the student record shall be released to the third party. A copy of such consent shall be retained by the eligible student or parent and a duplicate placed in the temporary record. Except for information described in 603 CMR 23.07(4)(a), personally identifiable information from a student record shall only be released to a third party on the condition that he/she will not permit any other third party to have access to such information without the written consent of the eligible student or parent. (a) A school may release the following directory information: a student's name, address, telephone listing, date and place of birth, major field of study, dates of attendance, weight and height of members of athletic teams, class, participation in officially recognized activities and sports, degrees, honors and awards, and post-high school plans without the consent of the eligible student or parent; provided that the school gives public notice of the types of information it may release under 603 CMR 23.07 and allows eligible students and parents a reasonable time after such notice to request that this information not be released without the prior consent of the eligible student or parent. Such notice may be included in the routine information letter required under 603 CMR 23.10. (b) Upon receipt of a court order or lawfully issued subpoena the school shall comply, provided that the school makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance. (c) A school may release information regarding a student upon receipt of a request from the Department of Social Services, a probation officer, a justice of any court, or the Department of Youth Services under the provisions of M.G.L. c. 119, sections 51B, 57, 69 and 69A respectively. (d) Federal, state and local education officials, and their authorized agents shall have access to student records as necessary in connection with the audit, evaluation or enforcement of federal and state education laws, or programs; provided that except when collection of personally identifiable data is specifically authorized by law, any data collected by such officials shall be protected so that parties other than such officials and their authorized agents cannot personally identify such students and their parents; and such personally identifiable data shall be destroyed when no longer needed for the audit, evaluation or enforcement of federal and state education laws. (e) A school may disclose information regarding a student to appropriate parties in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. This includes, but is not limited to, disclosures to the local police department and the Department of Social Services under the provisions of M.G.L. c. 71, section 37L and M.G.L. c. 119, section 51A. (f) Upon notification by law enforcement authorities that a student, or former student, has been reported missing, a mark shall be placed in the student record of such student.
The school shall report any request concerning the records of the such child to the appropriate law enforcement authority pursuant to the provisions of M.G.L. c. 22A, section 9. (g) Authorized school personnel of the school to which a student seeks or intends to transfer may have access to such student's record without the consent of the eligible student or parent, provided that the school the student is leaving, or has left, gives notice that it forwards student records to schools in which the student seeks or intends to enroll. Such notice may be included in the routine information letter required under 603 CMR 23.10. (h) School health personnel and local and state health department personnel shall have access to student health records, including but not limited to immunization records, when such access is required in the performance of official duties, without the consent of the eligible student or parent.
Access Procedures for Non-Custodial Parents. As required by M.G.L. c. 71, § 34H, a non-custodial parent may have access to the student record in accordance with the following provisions.
(a) A non-custodial parent is eligible to obtain access to the student record unless: 1. the parent has been denied legal custody or has been ordered to supervised visitation, based on a threat to the safety of the student and the threat is specifically noted in the order pertaining to custody or supervised visitation, or 2. the parent has been denied visitation, or 3. the parent's access to the student has been restricted by a temporary or permanent protective order, unless the protective order (or any subsequent order modifying the protective order) specifically allows access to the information contained in the student record, or 4. there is an order of a probate and family court judge which prohibits the distribution of student records to the parent.
(b) The school shall place in the student's record documents indicating that a non-custodial parent's access to the student's record is limited or restricted pursuant to 603 CMR 23.07(5)(a).
(c) In order to obtain access, the non-custodial parent must submit a written request for the student record to the school principal.
(d) Upon receipt of the request the school must immediately notify the custodial parent by certified and first class mail, in English and the primary language of the custodial parent, that it will provide the non-custodial parent with access after 21 days, unless the custodial parent provides the principal with documentation that the non-custodial parent is not eligible to obtain access as set forth in 603 CMR 23.07 (5)(a).
(e) The school must delete all electronic and postal address and telephone number information relating to either work or home locations of the custodial parent from student records provided to non-custodial parents. In addition, such records must be marked to indicate that they shall not be used to enroll the student in another school.
(f) Upon receipt of a court order that prohibits the distribution of information pursuant to G.L. c. 71, §34H, the school shall notify the non-custodial parent that it shall cease to provide access to the student record to the non-custodial parent.
Amending the Student Record
(1) The eligible student or the parent shall have the right to add information, comments, data, or any other relevant written material to the student record.
(2) The eligible student or the parent shall have the right to request in writing deletion or amendment of any information contained in the student record, except for information which was inserted into that record by an Evaluation Team. Such information inserted by an Evaluation Team shall not be subject to such a request until after the acceptance of the Evaluation Team Educational Plan, or, if the Evaluation Team Educational Plan is rejected, after the completion of the special education appeal process. Any deletion or amendment shall be made in accordance with the procedure described below:
(a) If such student or parent is of the opinion that adding information is not sufficient to explain, clarify or correct objectionable material in the student record, either student or parent shall present the objection in writing and/or have the right to have a conference with the principal or his/her designee to make the objections known.
(b) The principal or his/her designee shall within one week after the conference or receipt of the objection, if no conference was requested, render to such student or parent a decision in writing, stating the reason or reasons for the decision. If the decision is in favor of the student or parent, the principal or his/her designee shall promptly take such steps as may be necessary to put the decision into effect.
Notification At least once during every school year, the school shall publish and distribute to students and their parents in their primary language a routine information letter informing them of the following:
(a) The standardized testing programs and research studies to be conducted during the year and other routine information to be collected or solicited from the student during the year.
(b) The general provisions of 603 CMR 23.00 regarding parent and student rights, and that copies of 603 CMR 23.00 are available to them from the school.
In those school systems required under M.G.L. c. 71A to conduct a bilingual program, all forms, regulations, or other documents regarding 603 CMR 23.00 that a parent receives or is required to receive shall be in the language spoken in the home of the student, provided that it is a language for which the school system is required to provide a bilingual program.
LEGAL REFS: Family Educational Rights and Privacy Act of 1974, P.L. 93-380, Amended P.L. 103-382, 1994 M.G.L. 66:10 71:34 A, B, D, E, H Board of Education Student Record Regulations adopted 2/10/75, as amended June 2002 603 CMR 23.00: M.G.L. c. 71, 34D, 34E. 603 CMR: Dept. of Elementary and Secondary Education 23.00 through 23:12 Mass Dept. of Elementary and Secondary Education publication Student Records; Questions, Answers and Guidelines, Sept. 1995 CROSS REF: KDB, Public’s Right to Know
Adopted: May 2013
Revised: 11/21/2019
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File JRD: Student Photographs
Individual schools may arrange to take individual student and/or class group pictures. Awarding of the photographic services shall be conducted through bidding procedures.
Individual and/or class group pictures may be taken at the school facility and during the regular school day hours. The pictures shall be made available for purchase by students and/or parents on a voluntary basis. The building Principal or his/her designee shall have final authority in authorizing the picturetaking program and will be responsible for overseeing the process.
Students may be required to have an individual picture taken for the cumulative file or identification purposes; however, no student shall be pressured or required to purchase photographs.
Adopted: March 27, 2013
Revised:
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File: JFABF - Educational Opportunities For Children In Foster Care
File: JFABF
Monomoy Regional School District
EDUCATIONAL OPPORTUNITIES FOR CHILDREN IN FOSTER CARE
The purpose of this policy is to ensure the educational stability of students in foster care. Educational stability has a lasting impact on students' academic achievement and wellbeing, and the School Committee is committed to supporting all efforts to ensure that students in foster care have equal access to high-quality, stable educational experiences from preschool (if offered) through high school graduation.
Irrespective of the location of a foster care placement, students in foster care will continue to attend their school of origin, unless after a collaborative decision-making process, it is determined to be in the student's best interest to enroll in and attend school in the district in which the student resides in foster care. Enrollment of students in the district where they reside in foster care will take place immediately upon such a determination.
The district has designated a point of contact for students in foster care. The district and the point of contact will collaborate with The Department of Children and Families (DCF) to ensure that students can access transportation and the other services to which they may be entitled.
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Best Interest Determination
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Decisions about whether a student in foster care should continue to attend the school of origin should be made collaboratively by DCF, the student (as appropriate), the student's family and/or foster family (or, if different, the person authorized to make educational decisions on behalf of the student), the school and district of origin, and (when appropriate) the local district where the student is placed. Best interest determinations should focus on the needs of each individual student and account for unique factors about the student and his or her foster care placement. Every effort should be made to reach agreement regarding the appropriate school placement of a student in foster care; however, DCF will finalize the best interest determination if the relevant parties cannot agree on the best school for the student to attend.
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The district can seek review of DCF's decision by utilizing a Foster Care School Selection Dispute Resolution Process established by DESE and DCF. Decisions made through this process are not subject to review. To the extent feasible and appropriate, the district will ensure that a child remains in his or her school of origin while the disputes are being resolved to minimize disruptions and reduce the number of moves between schools.
B. Transportation
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The district of origin must collaborate with DCF on how transportation will be arranged and provided to ensure that students in foster care who need transportation to remain in their school of origin will receive such transportation while they are in foster care.
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Transportation options may include using Title I funds, establishing regional collaborations among districts, coordinating with existing routes for transportation, seeking help from foster parent(s), etc. Absent other agreements between the district and DCF, the district of origin is responsible for providing transportation to and from the school of origin.
C. Immediate Enrollment
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If it is in the best interest of a student in foster care to leave the school of origin, the student must be immediately enrolled in the district in which he or she resides in foster care. During enrollment of students in foster care, DCF representatives will present the district with a form indicating that the student is in foster care, along with a state-agency identification badge.
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If the student does not have immediate access to immunization records, the student shall be permitted to enroll under a personal exception. Students and families should be encouraged to obtain current immunization records or immunizations as soon as possible, and the district liaison is directed to assist. Emergency contact information is required at the time of enrollment consistent with district policies, including compliance with the state's address confidentiality program when necessary. After enrollment, the district will immediately request available records from the student's previous school.
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Attendance rights by living in attendance areas, other student assignment policies, or intra and inter-district choice options are available to students in foster care (homeless families) on the same terms as families who reside in the district. Accordingly, the district will provide transportation services to school in a manner comparable to the transportation provided for all other students in the district.
LEGAL REFS: Every Student Succeeds Act (ESSA);
Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections Act)
Approved 10/20/2022
Revised -