2. The annual staff training will comprise of a review of
the following areas:
Suspected Child Abuse and Neglect
Anti –Bullying Legislation
3. Student Rights
• Title IX of the EducationAmendments of 1972
• Prohibits discrimination and harassment on the basis of gender
(including sexual orientation and gender identity)
• Title VI of the Civil RightsAct of 1964
• Prohibits discrimination and harassment on the basis of race, color,
national origin (including religion)
• Section 504 of the RehabilitationAct of 1973
• Prohibits discrimination and harassment on the basis of
• Title II of the Americans with Disabilities Act
• Prohibits discrimination on the basis of disability
• The Individuals with Disabilities EducationAct
• Requires school districts to provide eligible students with
disabilities a free appropriate public education
4. Student Rights
State Laws and Regulations
• M.G.L. c.76, § 5
• Prohibits discrimination in all public schools on the basis of race, color, gender, gender
identity, national origin, religion, and sexual orientation.
• M.G.L. c.151C
• Prohibits sexual harassment – education
• M.G.L. c.119, § 51A
• Reporting abuse
• M.G.L. c. 71, § 34 (A-H)
• Student records
• 603 CMR 23.00
• M.G.L. c.71B
• State special education statute
• 603 CMR 28.00
• M.G.L. c.71, §§ 37H, 37H1/2, 37H3/4
• Student discipline
• 603 CMR 53.00
5. Non-Discrimination Policy
The Dracut Public Schools, in accordance with federal and state laws, prohibit
discrimination in its operations and provide equal employment and educational
opportunities to all persons regardless of race, color, gender, religion, marital status,
pregnancy, homelessness, age, sexual orientation, gender identity, national origin or
disability. The Dracut Public Schools complies with all applicable State and
Federal Laws, including but not limited to, Title VI, Title VII, Title IX, the Americans
with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and
Massachusetts General Laws, c.151C, c.76, §5, and c. 71B.
6. Title VI of the Civil RightsAct of 1964
• Title VI, 42 U.S.C. § 2000d et
seq., was enacted as part of the
landmark Civil RightsAct of
• Title VI prohibits discrimination
on the basis of race, color, and
national origin (which includes
religion) in programs and
activities receiving federal
7. Title VII of the Civil Rights Act of 1964
• Title VII prohibits discrimination by covered
employers on the basis of race, color, religion, sex,
pregnancy, age, disability or national origin. Title
VII also prohibits discrimination against an
individual because of his/her association with
another individual of a particular race, color,
religion, sex, age, pregnancy, disability or national
8. Title IX of the EducationAmendments of 1972
• Title IX prohibits discrimination on the basis
of gender in any school or program receiving
• “No person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any
program or activity receiving federal financial
9. What is a Title IX violation?
• Excluding any student from participating in, or
accessing the benefits of, any program or
activity receiving federal funds on the basis of
• Sexual harassment by a school employee or
failing to respond appropriately to instances of
student on student sexual harassment.
10. What is Sexual Harassment ?
• Unwelcome sexual advances; requests for sexual favors; or other
verbal or physical conduct of a sexual nature may constitute
sexual harassment where submission to such conduct is made
either explicitly or implicitly a term or condition of a person’s
employment or educational development.
• Submission to or rejection of such conduct by an individual is
used as the basis for employment or education decisions affecting
• Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work or educational performance
or creating an intimidating, hostile, or offensive working or
11. M.G.L. c.76, §5
• Prohibits discrimination in public schools on
the basis of race, color, sex, national origin,
religion, sexual orientation and/or gender
13. Responding to Harassment & Discrimination
• Respond to ALL reports and complaints of harassment or
• To respond is to:
• Investigate; and
14. Reporting Harassment
• Any individual who believes that he/she has been harassed
or has witnessed or been informed about the harassment of
another should notify the building Principal, Title IX
Coordinator, 504 Coordinator, Civil Rights Coordinator or
• All complaints of discrimination and
harassment will be investigated.
• Upon completion of the investigation, the
complainant and accused will be informed of
the outcome and a written report will be filed
with the appropriate coordinator.
16. CorrectiveAction to Remedy
Harassment or Discrimination
• Corrective action should be immediate and
reasonably calculated to eliminate the
harassment or discrimination.
• Restore nondiscriminatory environment for the victim.
• Provide emotional and psychological support.
17. Protecting Children fromAbuse
• M.G.L. c.119, § 51A
• Requires that all “mandated reporters” report
suspected cases of abuse and/or neglect to the
office of the Department of Children and
Families of the town in which the child resides.
• Mandated Reporters = Public school
teachers, counselors and
18. 51A Abuse Reports: Triggers
• If you have reason to believe that a child has
suffered, or is suffering, physical or
emotional injury as a result of abuse or
neglect which causes harm or substantial risk
of harm…Report it!
19. Types of Abuse
• Physical – Physical abuse refers to the use of physical force against
someone in a way that injures or causes pain to that person.
• Sexual – Sexual abuse occurs when someone is forced to engage in
unwanted, unsafe, or degrading sexual activity or exploitation without their
express permission or knowledge.
• Financial – Financial abuse is the illegal or improper use of another person’s
funds, property or assets without their express permission or knowledge, by
a person in a position of trust.
• Neglect/Omission – Neglect or omission occurs when someone responsible for
the care and well-being of another fails to provide for the basic daily living
needs of that person resulting in, or placing them at risk of, serious physical or
• Emotional – Emotional abuse may be verbal or non-verbal, and occurs when
someone is attempting to control another person through threatening,
humiliating, or intimidating actions.
• Mistreatment – Mistreatment refers to the use of medications/treatments,
isolation, physical restraints, or chemical restraints which cause physical or
emotional harm or creates a substantial likelihood of harm.
20. Reporting SuspectedAbuse
• If you suspect abuse, contact the building Principal,
the Director of Student Services or the Guidance
• The appropriate administrator will then make an oral
report of suspected abuse to the Department of
Children and Families and, within 48 hours, will file
a written report.
• All school staff are considered to be mandated
21. Can you be prosecuted for filing a
report that is not substantiated?
• Mandated reporters are immune from liability
so long as there is some reasonable basis for
22. Can you be prosecuted if you fail to
report suspected abuse or neglect?
• If you fail to report suspected abuse or neglect
you are subject to civil penalties of up to
23. UNIVERSAL HEALTH
• Standard Precautions Guidelines are a set of precautions designed to prevent
the transmission of human immunodeficiency virus (HIV), Hepatitis B virus
(HBV), and other blood borne pathogens when providing first aid or health
• Standard Precautions should be used with everyone. There is no way to know
if a person is infected with a communicable disease, therefore all body fluids
should be handled as if they are infected.
• Body fluids to which Universal Precautions apply are: blood, semen and
vaginal secretions, cerebrospinal fluid, synovial fluid, peritoneal fluid,
pericardial fluid, and amniotic fluid.
24. Physical Restraint of Students
• Massachusetts laws governing the physical
restraint of students:
• M.G.L. c. 71, §37G
• 603 CMR 46.00 - Prevention of Physical Restraint and
Requirements if Used (effective 1/1/2016).
25. Types of Restraint
• Physical Restraint : Direct physical contact that prevents or significantly
restricts a student’s freedom of movement.
• Does not include:
• brief physical contact to promote student safety;
• providing physical guidance or prompting when teaching a skill; redirecting
attention; or providing comfort; or
• a physical escort.
• Medication restraint: 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.
26. Types of Restraint
• Mechanical Restraint: The used of any physical device or equipment to
restrict a student’s freedom of movement.
• Does not include:
• devices prescribed by medical or related services personnel for the
specific and approved positioning or protective purposes for which
they are designed.
• Examples: adaptive devices or mechanical support to support body
position, balance, or alignment…..; vehicle safety restraint when used
as intended; restraints for medical immobilization; orthopedically
prescribed devices that permit a student to participate in activities
without risk of harm.
• Seclusion: Physically confining a student alone in a room or limited
space from which the student is physically prevented from leaving.
• The use of "time out" procedures during which a staff member remains accessible to the
student shall not be considered "seclusion restraint."
28. Time Out
• Time Out is 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.
29. Types of Time Out
• Inclusionary Time-Out
• When the student is removed from positive reinforcement or full participation in
classroom activities while remaining in the classroom.
• 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 with the classroom.
• Exclusionary Time-Out
• The separation of the student from the rest of the class either through complete
visual separation or from actual physical separation.
• Includes removal to separate Time Out rooms.
• May not be used as a method of punishment for non-compliance, or for incidents
of misbehavior that are no longer occurring.
• Exclusionary time-out should only be used when students are displaying behaviors
which present, or potentially present, an unsafe or overly disruptive situation in the
• Exclusionary time-out must cease as soon as the student is calmed.
30. Requirements for use of exclusionary Time Out
• Space used must be clean, safe, sanitary, and appropriate for calming.
• Unless a safety risk is present, as staff member must be physically present with
the student who is in an exclusionary time-out setting.
• If it is not safe to be present with the student, the student may be left in the
time-out setting with the door closed.
• Students must never be in a locked room.
• Student must be continuously observed by staff
• Staff must be with student or immediately available at all times.
• Must terminate as soon as student has calmed.
• Principal must approve extension of exclusionary Time Out beyond 30 minutes.
31. When Physical Restraint May Be Used
• Physical Restraint may be used only where:
• Non-physical interventions would be ineffective; and
• The student’s behavior poses a threat of imminent,
serious, physical harm to self and/or others.
• Physical Restraint may not be used as punishment, as a response
to property destruction, or in response to a student’s refusal to
comply with rules/directions unless the non-compliance creates a
threat of imminent, serious physical harm.
• Physical Restraint is an “emergency procedure of last resort.”
32. Administration of Restraint
• Restraint to be administered only by CPI trained
• Must use minimum amount of force necessary in the
safest manner possible.
• Must terminate restraint as soon as possible.
*603 CMR 46.00 does 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.
33. Duration of Restraint
• Restraint must terminate as soon as student is no longer an
immediate danger to himself or others, or the student
indicates that he/she cannot breathe, or if the student is
observed to be in severe distress, such as having difficulty
breathing, or sustained or prolonged coughing or crying.
• If there is any indication that a restraint may continue
beyond 20 minutes, staff must obtain approval of the
Principal or designee. Approval must be based upon
student’s continued agitation justifying need for continued
restraint and must be given prior to reaching the 20 minute
34. Safety Requirements of Restraint
• Make sure student is able to breathe and speak.
• Continuously monitor physical status, including
skin temperature, color and respiration.
• If student experiences physical distress --
release restraint and seek medical assistance
• Know student’s medical and psychological
limitations, known or suspected trauma history,
and/or behavior intervention plans.
• Implement follow-up procedures after release
from restraint. Review incident with student
35. Reporting Restraints
• Staff member must immediately verbally inform
the Principal of any physical restraint and must
file a written report no later than next school day.
• Principal must verbally inform the student’s
parents within 24 hours and must send a detailed
written report w/in three (3) school days of
restraint using the DESE/district reporting form.
• Reporting requirements cannot be waived by the
parent/guardian or IEP Team.
36. Content of Written Report
• Names/job titles of those involved, including observers
• Date and time began/time ended
• Name of administrator verbally informed
• Name of Principal/designee who approved restraint if
beyond 20 minutes
• Description of what was happening before restraint
• Description of efforts used to prevent escalation of
behavior, including specific de-escalation strategies
• Who to contact should the parent wish to meet or discuss
37. Restraint Review Procedures
• Administrative Review by Principal
• Monthly School Wide Review
• Consider patterns, number, duration, injuries
• Assess whether restraint prevention and management policy needs to be
• Assess whether additional staff training on restraint reduction/prevention
strategies is needed
• Weekly Individual Student Review
• Identify students restrained multiple times during week
• Convene review team(s) to assess each student’s progress and needs
• Review and discuss written reports
• Analyze factors leading up to restraint
• Consider factors that may have contributed to escalation of behaviors
• Develop written action plan
• Goal is to reduce or eliminate future restraint
38. Section 504 of the RehabilitationAct of 1973
• Section 504 is a federal non-discrimination
statute that prohibits discrimination on the
basis of disability.
• Section 504 contains specific provisions
applicable to any educational program that
receives federal funding.
39. What does Section 504 Require?
• Section 504 requires that schools provide the
accommodations, and in some cases services,
designed to meet the individual education
needs of students with disabilities as
adequately as the needs of nondisabled
students are met.
40. Section 504
• Astudent who has a physical or mental impairment
that substantially limits one or more major life
• A student does not have to be limited in his/her
ability to learn to be eligible for
accommodations or services.
41. Section 504
Qualifying Physical or Mental Impairments
• Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more
of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive,
digestive, genito-urinary; hemic and lymphatic; skin;
• Any mental or psychological disorder, such as organic
brain syndrome, emotional or mental illness, and
specific learning disabilities.
42. Section 504
• Caring for oneself, performing manual tasks,
seeing, hearing, eating, sleeping, walking,
standing, lifting, bending, speaking, breathing,
learning, reading, concentrating, thinking,
communicating, and working
• Operation of major bodily functions (e.g.,
immune system, digestion, circulation,
43. 1. The parent/guardian requests an evaluation and there
is reason to suspect that the child has a disability.
2. The student is found to have a disability but to be
ineligible under the IDEA.
3. Teacher observations, student behavior, or other
information (e.g., notice of a diagnosis from a
parent) leads the district to suspect that the student
has a mental or physical impairment which
substantially limits a major life activity.
When do we need to refer for a Section 504
Procedures Following a Section 504 Referral
• Provide Notice of Section 504 Rights;
• Obtain signature indicating that parents have been informed
as to their rights under Section 504.
• Obtain parent/guardian consent to initial eligibility
determination and any assessments;
• Schedule and conduct recommended assessments;
• Convene the Team to consider the evaluation data and
to determine eligibility.
45. Notice of Section 504 Rights
1. Notice of any action taken in regard to
identification, evaluation and placement;
2. Notice of opportunity for parent/guardian to
examine relevant records;
3. Notice of right to due process – impartial hearing
with participation of counsel (BSEA); and
4. A review procedure (Federal Court).
46. • Parent/guardian consent required prior to initial
• Need consent prior to conducting any assessment .
• Also need consent prior to initial implementation of 504
• Once you have received consent, provide written
notice of the date and time of the evaluation
47. Evaluation Timeline
• Evaluation must be completed within a “reasonable time period”
after a request for evaluation; and
• Before an initial placement or a significant change in
• Use special education regulation timelines as general guide:
• 30 school days to complete testing/assessments;
• 45 school days to convene 504 Team to determine eligibility.
The 504 Team
• A group of persons knowledgeable about the child,
the meaning of evaluation data, and the placement
• Other staff involved with the delivery of services to the
student or with unique expertise
49. The 504 Plan
• The 504 Plan is a written statement of the services
and/or accommodations necessary to meet the
individual education needs of students with
disabilities as adequately as the needs of
nondisabled students are met.
• The 504 Plan is developed at a meeting of a group of
individuals knowledgeable about the student
• Parents must be provided with the opportunity for
meaningful participation in the process
Components of the 504 Plan
• Names of student and Team members;
• Identification of the student’s impairment;
• Summary of how the impairment substantially limits the
major life activity(ies);
• Statement of the services and/or accommodations to be
51. 504 Rights
• In addition to the accommodations and/or services
identified in the 504 plan, a finding of eligibility
entitles the student to:
1. The right to a free appropriate public education;
2. The right to due process prior to a change in
3. The right to additional procedural protections
when subject to disciplinary sanctions;
4. Equal opportunities to participate in non-
academic and athletic activities.
52. Consequences of Failing to Provide
• State and Federal Complaints and Hearings
• U.S. Department of Education
• Office for Civil Rights – Region I
• MA Department of Elementary and Secondary
• Program QualityAssurance
• MA Division of Administrative Law Appeals
• Bureau of Special EducationAppeals
• Civil Suits
• Monetary damages / Personal liability
53. The Individuals with
• The IDEAentitles eligible students to an
individualized program of specially designed
instruction and/or related services that are
reasonably calculated to provide educational
benefit to the student in the least restrictive
setting consistent with that goal
54. Students Eligible for IDEAServices
• Astudent with a disability who, because of
that disability, requires specially designed
instruction and/or related services to progress
effectively in the general curriculum.
55. 3 Basic Obligations of the IEPTeam
• Determine Eligibility
• Propose, conduct, and review comprehensive and appropriate
evaluations with the informed consent of the parent.
• Develop an IEP
• Obtain input from parents, the student, regular educators, and
• Make a placement decision
• Always consider the least restrictive environment (LRE) first
• LRE = The amount of time a student is included with typical
(non- disabled) peers determines the restrictiveness of the
56. IEPTeam – Required Members
– The student, when appropriate
– At least one special education teacher
– An individual with the ability to interpret evaluation results
– Aschool district representative with the authority to allocate
– At the Parent’s or the District’s discretion, others with
knowledge of the Student
– At least one regular education teacher if the child is, or may be,
participating in regular education
57. The Regular Educator as an
IEP Team Member
• Participate in the development and review
• Participate in the review of evaluations:
• Be knowledgeable about, and prepared to
describe, student’s ability to progress in
the general curriculum.
58. Determination of Eligibility
• Within five (5) school days of referral, an
evaluation consent form must be sent to the
• Within thirty (30) school days or receipt of parent
consent, all evaluations must be completed.
• Within forty-five (45) school days of receipt of
parent consent, a properly comprised IEPTeam must
determine eligibility and, if appropriate, develop an
59. Individualized Education Programs
• Annual written statement of:
• The student’s current strengths and weaknesses
• Annual goals for the student
• Description of the special education services,
accommodations and placement necessary to enable the
student to progress toward the goals and to make
effective progress in the general curriculum
• The IEP is an enforceable contract
60. IEP Development: Transition Planning
• The IDEArequires IEPTeams to engage in planning
for the student’s transition to post-secondary school
employment or education beginning with the IEP to be
in effect on the student’s 14th birthday.
• Transition Planning is an “outcome oriented process.”
• The IEP that will be in effect as of the student’s 14th
birthday must contain:
• Appropriate measurable postsecondary goals based upon
age appropriate transition assessments; and
• Transition services necessary to enable student to
achieve those postsecondary goals.
61. Student Discipline
• All students are entitled to due process prior to
being excluded from school.
• Goss v. Lopez (U.S. Supreme Court, 1975)
• The amount of process due is determined
by the length of the exclusion
• 10 consecutive school days or less
• = Short Term Exclusion
• More than 10 consecutive school days
• = Long Term Exclusion
62. Student Discipline
603 C.M.R. § 53.02
• In-School Suspension - Removal of a student from regular classroom activities, but not from the
school premises, for no more than 10 consecutive school days, or no more than 10 school days
cumulatively, for multiple infractions in a school year.
• Removal from extracurricular activities or school-sponsored events, or both, shall not
count as a removal.
• If placed in In-School Suspension for more than 10 days, such a suspension shall be
considered a long- term suspension.
• Short-Term Suspension - Removal of the student from the school premises and regular
classroom activities for 10 consecutive school days or less.
• Long-Term Suspension - Removal of the student from the school premises and regular classroom
activities for more than 10 consecutive school days, or more than 10 school days cumulatively for
multiple disciplinary offenses in any school year.
• Expulsion - Removal of a student from the school premises for more than ninety (90) school
days, indefinitely, or permanently, as permitted under G.L. c. 71, §§37H or 37H½.
• Written Notice: Written correspondence sent hand-delivery, certified mail, first-class mail, email to
an address provided by the parent for school communications, or any other method of delivery agreed
to by the Principal and the parent.
63. In-School Suspension
603 C.M.R. § 53.10
APrincipal, or designee, may impose In-School Suspension of 10 school days or less in a
school year provided the student has the opportunity to make academic progress during
the In-School Suspension.
The Principal must:
1) Inform the student of the disciplinary offense charged and provide the student the
opportunity to respond.
2) If the Principal determines that the student committed the offense, the Principal must
inform the student of the length of the In-School Suspension.
3) Provide oral notice (on the same day) to the parents of the Principal’s determination
and the length of the In-School Suspension. The Principal must also make
reasonable efforts (at least two telephone calls) to invite the parents to a meeting to
discuss the student’s academic performance and behavior, strategies for student
engagement, and possible responses to the behavior.
4) On the day of the In-School Suspension, Principal must deliver written notice to the
parents of the basis for and length of the in-school suspension and inviting the
parents to meet to discuss the student’s behavior if such a meeting has not already
64. Short-Term Disciplinary Exclusions
• For offenses involving: a) possession of a dangerous
weapon; b) possession of a controlled substance; c)
assault on a member of the educational staff; or d) a
felony charge or conviction, the Principal will provide
the student with an initial informal hearing.
• Informal hearing = oral notice of charges and
opportunity to respond.
• Provide written notice of disciplinary action
following informal hearing.
65. Short-Term Disciplinary Exclusions
School Rules Violations
For offenses not involving:
a) possession of a dangerous weapon;
b) possession of a controlled substance;
c) assault on a member of the educational staff; or
d) a felony charge complaint or conviction;
the student and parents will be given:
• Oral and written notice of the disciplinary offense and the opportunity to
participate in a hearing prior to the imposition of an out-of-school
• Written Notice must be provided in English and in the primary
language of the Student’s home; identify the disciplinary offense with
which the student has been charged; the basis for the charge; the
potential length of the student’s suspension; and shall inform the
parent and student of the right to interpreter services if necessary to
participate in the hearing.
66. Emergency Removals
603 C.M.R. 53.07
• Principal may remove a student for up to 2 school days without a prior
• The student is charged with a disciplinary offense; and
• The continued presence of the student poses a danger to persons or
property, or would substantially and materially disrupt the order of the
school and, in the principal’s judgment, if there is no alternative
available to alleviate the danger or disruption.
• Principal must:
• Make immediate and reasonable efforts to orally notify the student and the
student’s parent of the emergency removal and of the reason for the need
for emergency removal, and the notice requirements for short-term
suspension, including written notice.
• Make “adequate provisions” for the student’s safety and transportation.
• Conduct a hearing within 2 school days .
67. M.G.L. c. 71, § 37H3/4
Long-Term Suspension - School Rules Violations
Prior to excluding a student from school for disciplinary reasons for more
than 10 school days in a school year or to a permanent expulsion, the
Principal, or designee, must conduct a formal hearing
•In addition to the rights afforded in a Short Term Suspension hearing,
the student and parents have the following rights:
• The opportunity to review the student’s record and the
documents upon which the Principal may rely in making a
determination to suspend the student;
• The right to be represented by counsel or a lay person of the
student’s choice, at the student’s/parent’s expense;
• The right to produce witnesses on his or her behalf and to
present the student’s explanation of the alleged incident;
• The right to cross-examine witnesses presented by the school
• The right to request that the hearing be recorded by the Principal,
and to receive a copy of the audio recording upon request.
68. M.G.L. c.71, § 37H
Weapons, Drugs and Assault
• A Principal has authority to permanently expel a student for the following conduct:
• Possession of a dangerous weapon
• Principal’s determination
• Note: For purposes of the unilateral removal of a student with a disability, “dangerous
weapon” is as defined in the U.S. Code.
• Possession of a controlled substance (as defined in c.94C)
• Marijuana = controlled substance
• Alcohol ≠ controlled substance
• Assault on Staff
• Prior to imposing a long- term suspension or expulsion, Principal must conduct a formal hearing at
• student has right to counsel (at private expense);
• to examine the evidence against the student;
• and to present evidence in own defense.
• Student may appeal decision in writing to Superintendent or designee within 10 calendar days.
69. M.G.L. c.71, § 37H1/2
• Felony Charge – Suspension
• Principal may suspend based on the issuance of felony charges where Principal
determines that the student’s continued presence would have a substantial
detrimental effect on the welfare of the school.
• Felony Charges – Expulsion
• Upon being convicted of a felony or upon an adjudication or admission of guilt in
court, a student may be expelled if the Principal determines that the student’s
continued presence would have a substantial detrimental effect on the welfare of the
• Principal must conduct formal hearing at which:
• student has right to counsel (at private expense);
• to examine the evidence against the student;
• and to present evidence in own defense.
•Must provide written notice of charges and basis for decision prior to imposition of
suspension and notice of appeal process.
70. Academic Progress and Disciplinary Removal
M.G.L. c.76, §21
• M.G.L. c.76, § 21 requires that any student serving a suspension
“shall have the opportunity to make up assignments, tests, papers and
other school work as needed to make academic progress” during his
or her period of removal from the classroom or school.
• The student and parent must be notified of this opportunity
when the suspension is imposed.
• M.G.L. c.76, § 21 applies to all suspensions and exclusions under §37H,
§37H1/2, and §37H3/4.
• Applies to In-School Suspension, Short-Term Suspension
and Long-Term Suspensions.
71. Educational Services and Academic Progress
603 C.M.R. 53.13
• Suspension of (10) consecutive school days or less:
• Must provide student with opportunity to earn credits, make up
assignments, tests, papers, and other school work as needed to make
academic progress during the period of his or her removal from the
classroom or school.
• Suspension of more than ten (10) consecutive school days/Expulsion:
• Must provide the student with the opportunity to receive
educational services that will enable the student to make academic
progress towards state and local requirements, including the
opportunity to make up assignments and earn credits missed,
including but not limited to homework, quizzes, exams, papers
and projects missed.
72. Student Discipline and Students with
• Students with disabilities are entitled to additional protections
prior to the imposition of a disciplinary sanction that will
remove them from school for more than 10 days in a school
• Students with Disabilities
• Students with IEPs
• Students with 504 plans
• Any student whom the District had reason to know, prior
to the incident giving rise to the disciplinary action,
might be eligible for special education.
73. Additional Procedural Protections
• “Manifestation Determination” prior to any
removal constituting a change in placement.
• Where appropriate, development of a
Functional BehavioralAssessment plan or
review of existing Behavior Intervention Plan.
• For students with IEPS, provision of
services as of the 11th cumulative day of
removal in a single school year.
74. What triggers additional procedural
• For Manifestation Determinations,
consideration of any disciplinary sanction that
will result in a disciplinary change in
• For services, removal for more than 10
cumulative school days in the school year.
75. Disciplinary Change in Placement
• Disciplinary action that results in removal for
more than 10 consecutive school days.
• A“pattern” of removal totaling more than 10
school days in a given school year.
76. Manifestation Determinations
• Was the conduct giving rise to disciplinary
action caused by or directly and substantially
related to the child’s disability?
• Was the conduct giving rise to disciplinary
action the direct result of the schools’failure to
implement the IEP?
77. If Behavior is NOT a Manifestation:
• May impose sanctions applicable to all students.
• Team considers whether it would be appropriate to
conduct a functional behavioral assessment
• Must provide special education and related services to
students on IEPs as of the 11th cumulative day of
78. If Behavior IS a Manifestation:
• IEP/504Team develops a functional behavioral
• Child returns to school prior to the 11th day, unless the
conduct meets criteria for a unilateral removal or the
school district obtains either:
• Parent/guardian consent;
• AHearing Officer’s order; or
• Atemporary restraining order (TRO).
79. Functional BehavioralAssessments (FBA)
• FBArequired after determining that conduct was a
manifestation of the student’s disability.
• FBA“where appropriate” where conduct is found not to
be a manifestation.
80. Student Records and Privacy
• Federal and state laws and regulations strictly prohibit the
unauthorized disclosure of student records and personally
• Protected student information includes, but is not limited to:
• Testing Reports
• Discipline Records
81. Student Records Laws and Regulations
• M.G.L. c. 71 §34(A-H)
• 603 CMR 23.00
• State student records regulations
• Family Educational Rights and PrivacyAct
• Federal student records law
82. What is a Student Record?
• The student record consists of:
• Permanent Record
• Temporary Record
• All information, in any form, that is organized on the basis of
the student’s name or in a way that the student may be
• Includes staff emails that contain information
regarding a student that would allow the student to be
• Does not include personal memory aids (notes) of
staff so long as they are not revealed to any other
83. Destruction of Student Records
• Astudent’s Permanent Record (Transcript)
must be maintained for sixty (60) years
• AStudent’s Temporary Record must be
destroyed within seven (7) years after the
student’s withdrawal, transfer, graduation
• Must provide prior written notice of destruction
of records and an opportunity for the student or
parents to obtain copies of the records to be
84. Access to Student Records
• Those entitled to access the student record
• Parents and students (if 14 or older
or in 9th grade);
• Authorized school personnel;
• Other individuals with the written
consent of the parents or student (if 14
or older or in 9th grade).
85. Access ofAuthorized School
Parent/student consent not required prior to releasing student record information to
Authorized School Personnel
• Authorized personnel:
• Administrators, teachers, counselors and other professionals who:
I. 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
II. who are working directly with the student in an administrative,
teaching, counseling, and/or diagnostic capacity.
• 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.
603 CMR 23.02
86. Non-Custodial Parents
• M.G.L. c.71, § 34H
• Prohibits the release of student record information
to non-custodial parents without providing 21
days written notice to the custodial parent.
• Non-custodial Parent
• Aparent who by court order does not
have physical custody of the student.
• »Includes parents who by court order
do not reside with or supervise the
student, even for short periods of time.
603 CMR 23.02.
87. M.G.L. c.71, § 34H
Any parent who does not have physical custody of a child
shall be eligible for the receipt of information unless:
(1)the parent’s access to the child is currently prohibited by
a temporary or permanent protective order, except where
the protective order, or any subsequent order which
modifies the protective order, specifically allows access to
the information described in this section;
(2)the parent is denied visitation or, based on a threat to the
safety of the child, is currently denied legal custody of the child
or is currently ordered to supervised visitation, and the threat is
specifically noted in the order pertaining to custody or
88. Process for Releasing Information to
1. Non-custodial Parent submits written request annually.
2. School promptly notifies custodial parent by certified and First Class
mail that records will be provided after 21 days unless custodial parent
provides documentation establishing that the Non-Custodial Parent is
ineligible to access records and information.
3. If eligible, Non-Custodial Parent is provided with records after 21 days.
4. If records are produced to the non-custodial parent, the school must
remove all addresses and contact information from the documents
5. Upon receipt of a court order that prohibits the distribution of information
pursuant to G.L.
c. 71, § 34H, the school will notify the non-custodial parent that it
shall cease to provide access to the student record to the non-custodial
603 CMR 23.07(5)
89. Non-Consensual Disclosures
• Aschool may release records and personally
identifiable information without consent:
• Upon receipt of a request from DCF, DYS, Probation Officer or a
Judge under the provisions of M.G.L. c. 119, sections 51B, 57, 69
• To federal and state education officials
• In response to a lawfully issued subpoena/court order
• Must provide prior written notice to parents
• To law enforcement authorities, DCF, and other agencies in response to
a health or safety emergency
90. Log ofAccess
Schools must maintain a log for each student record
• Name, position, and signature of the individual
authorizing access to the record;
• Name, position/affiliation of the individual
accessing the record;
• Date on which the record is accessed;
• Reason for accessing the record.
Authorized school personnel
Administrative and clerical staff
School nurses who inspect the health record
603 CMR 23.07(1)
91. Maintaining Student Privacy
• Do not discuss information about students in
public places (lunchroom, staff room, bus lines,
• Share only information that is part of the work
process with qualified personnel.
• Do not leave personal student information in
public view or unsecured locations.
92. Maintaining Student Privacy
When out of school, do not:
• Discuss any school discipline issue;
• Divulge whether a student is in special education;
• Talk about a student’s attendance, grades, or
• Discuss test scores or academic performance.
93. Bullying Prevention and Intervention
M.G.L. c.71, § 370 and the District’s Bullying Prevention and
Intervention Plan (BPIP) prohibit bullying, cyberbullying, and
• on school grounds, property immediately adjacent to school grounds, at
• a school sponsored or school related activity, function or program whether on or off
school grounds, at a school bus stop, on a school bus or
• other vehicle owned, leased or used by a school district or school, or through the use of
technology or an electronic device owned, leased or used by
• a school district or school; and/or
• at a location, activity, function or program that is not school related, or through the use of
technology or an electronic device that is not owned, leased or
• used by a school district or school, if the bullying creates a hostile environment at school
for the target, infringes on their rights at school, or materially and substantially disrupts
the education process or the orderly operation of a school.
94. Bullying Prevention and Intervention: Definitions
• the repeated use by one or more students or by a member of a school staff
including, but not limited to, an educator, administrator, school nurse,
cafeteria worker, custodian, bus driver, athletic coach, advisor to an
extracurricular activity or paraprofessional of a written, verbal or
electronic expression or a physical act or gesture or any combination
thereof, directed at a victim that:
• causes physical or emotional harm to the victim or damage to the
victim’s property; or
• places the victim in reasonable fear of harm to
himself/herself or of damage to his/her property; or
• creates a hostile environment at school for the victim;
• infringes on the rights of the victim at school; or
• materially and substantially disrupts the education process or the
orderly operation of a school.
95. Bullying Prevention and Intervention: Definitions
– Bullying through the use of technology or any electronic
– Also includes:
• The creation of a web page or blog in which the creator assumes
the identity of another person; or
• The knowing impersonation of another person as the author of
posted content or messages, if the creation or impersonation
creates any of the conditions enumerated in the definition of
• The distribution by electronic means of a communication to more
than one person or the posting of material on an electronic
medium that may be accessed by one or more persons, if the
distribution or posting creates any of the conditions enumerated in
the definition of bullying.
96. The MassachusettsAnti-BullyingAct: Definitions
Astudent or member of a school staff including,, but not limited to, an educator, administrator,
school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an
extracurricular activity or paraprofessional who engages in bullying or retaliation.
Astudent victim of bullying or retaliation.
Where bullying causes the school environment to be permeated with intimidation, ridicule or
insult that is sufficiently severe or pervasive as to alter the conditions of the student’s education.
Reprisal or harassment directed against a person who reports bullying, provides information
during an investigation of bullying, or witnesses or has reliable information about bullying.
97. Bullying – Vulnerable Populations
Certain students may be more vulnerable to becoming a target of bullying or harassment based on actual or perceived
differentiating characteristics, including:
• National origin
• Socioeconomic status
• Academic status
• Gender identity or expression
• Physical appearance
• Pregnant or parenting status
• Sexual orientation
• Disability or
• Or by association with a person who has or is perceived to have 1 or more of these characteristics.
The Dracut Public Schools recognizes and supports this vulnerable population of students in avoiding bullying,
harassment and teasing.
98. District-Wide Bullying Prevention and Intervention Plan
• Responsibilities of School Staff
• Any staff member who witnesses or becomes aware of bullying or retaliation
must immediately report it to the Principal or to the school official identified in
the BPIPas responsible for receiving such reports or both.
• May be oral or in writing
• May be made anonymously although no discipline can be imposed based solely on an
• Principal’s Responsibility
• The Principal or a designee will promptly commence an investigation.
• Principal makes preliminary determination regarding the need for referral to law
enforcement and need for immediate intervention to protect the victim’s safety.
• Principal or designee conducts investigation.
• May provide notice of ongoing investigation
• If the Principal determines, following investigation, that bullying or retaliation has
occurred, the Principal shall:
• notify the local law enforcement agency if the principal believes
that criminal charges may be pursued against a perpetrator of
• take appropriate disciplinary and/or corrective action;
• notify the parents or guardians of the victim and aggressor
99. Reporting of Bullying or Harassment
• If you:
• Receive a complaint or report of bullying or
• Observe bullying or harassment; or
• Become aware of bullying or harassment;
Report it to your Principal!
100. Bullying Intervention/CorrectiveAction
• Provide support services to the target, aggressor, and/or
• Restore a sense of safety for the target and assess the
victim’s need for protection;
• Protection of any person who reports bullying, provides
information during an investigation of bullying or witnesses
or has reliable information about an act of bullying from
bullying or retaliation;
• Counseling or referral to appropriate services for
perpetrators and targets and for appropriate family
members of said students.
101. Bullying Investigations: Notice of Findings
• Upon completion of the investigation, Principal/designee will:
• Send separate written notices of the Principal’s finding to the target
• May not divulge student record information pertaining to
student who is not the child of the parent(s) being notified
• Must develop individualized plan by which to notify the parents of
students bullied on the basis of sexual orientation or gender
• Notify target of the services and interventions to be provided to restore
a non-hostile environment for the victim
• Conduct parent conferences with parents of victim and parents
of perpetrator if appropriate or requested
• Conduct follow up interview with victim to monitor effectiveness
of interventions and retaliatory treatment of victim or witnesses.
102. MassachusettsAnti-Bullying Law
• Children with Disabilities
• M.G.L. c.71B, § 3
• Whenever the evaluation of the IEP team indicates that
the child has a disability that affects social skills
development or that the child is vulnerable to bullying,
harassment or teasing because of the child’s disability,
the IEP shall address the skills and proficiencies needed
to avoid and respond to bullying, harassment or teasing.
» Applies equally to students who are perpetrators of
103. InternetAcceptable Use Policy
• The Dracut Public Schools provides students and staff with
access to a multitude of instructional resources through the
network in order to advance and promote educational
opportunities, innovation, and educational excellence.
• Access to the network is a privilege. Personal use of the
network resources is prohibited.
104. InternetAcceptable Use Policy
• Users of the network are expected to comply
with all policies of the District and with federal
and state laws at all times while on the
105. Network Usage Guidelines
• It is a violation of Network Usage Guidelines to:
– Post or reveal the names and addresses of students or staff without prior
– Use the network for any illegal or commercial purposes
– Use the network in any way that disrupts the administrative or
educational goals of the District
– Use the network to engage in bullying or harassment
– Use another persons network account or to allow another to use yours
– Download software without prior authorization of the Network
– Access or download illegal or inappropriate material
106. Consequences of Violating the Guidelines
• Revocation, denial, or suspension of network
• The District will cooperate fully with local,
state, or federal investigations related to any
illegal activities conducted through the
107. Thank you for reviewing this mandatory training.
The following ten question assessment will test your
content knowledge and will complete your
participation for the current school year.
If you have further questions related to this training
please contact your building principal.
Notes de l'éditeur
Common compliance concerns:
Impartial hearing: many districts do not understand that Section 504 also provides a mechanism for parents/guardians to challenge district determinations about identification, evaluation, and placement; 504, like IDEA, affords parents an impartial due process hearing. Also, “impartial” means that a hearing officer cannot be an employee of the district. Parents are afforded the opportunity for representation by counsel at the hearing, but the Section 504 regulation does not require the recipient to provide the parent with an attorney.
Additionally, while some state Departments of Education conduct due process hearings pursuant to both IDEA and 504, some states conduct such hearings only under IDEA, meaning that it is the district’s responsibility in those states to establish a system for conducting such impartial hearings for 504-only students.
Districts also confuse this requirement with the grievance procedure requirement and have only one or the other (as addressed further in a few slides).
A group persons knowledgeable about the student, knowledgeable about the evaluation data, and the knowledgeable about the placement options”. The point to be made is that the members of the team may be different, depending of the student. If you have a kid with turrets, you need someone at the meeting who can interpret the evaluation data for the student (had some level of expertise in turrets), and someone knowledgeable about the placement options and services available for a student with turrets (both generally and within the district.
In eligible under IDEA, should consider whether they should be evaluated under 504
A student found ineligible for services under the IDEA, may be eligible for services under Section 504. If, based on the IDEA evaluation process, now has reason to believe the student needs or is believed to need special education services because disability. E.g., recent OCR case – student identified as ADHD and evaluated under IDEA. District agreed that the student had a mental impairment (ADHD), but determined that the student was not eligible under IDEA because she was making adequate educational progress. Never referred the student for Section 504 evaluation. Found in violation and compensatory services were ordered.