1. Civil Rights Training, Restraint Training & Other Important Information West Boylston Public Schools 2013-2014

2. Why provide on-line training? Annual training is mandated by the Massachusetts Department of Elementary and Secondary Education (DESE) All employees are required to participate This training protects individuals and the district and ensures that all employees know their rights and responsibilities If you have questions about any information contained herein, please contract the Department of Pupil Personnel Services. Every staff member must follow the link at the end of this presentation by September 20 th – to fill in a form indicating they have read and understood these contents. Thank you, in advance, for your compliance with these legal requirements.

3. What is non-discrimination? The West Boylston Public School District is committed to ensuring that all programs and facilities are accessible to all We actively seek to prevent discrimination or harassment on the basis of age, gender, color, homelessness, disability, national origin, religion, race, or sexual orientation

4. Federal Law: Title VI Protects against discrimination based on race, color, and national origin Applies to students, parents, and employees Prohibits discrimination in students’ class assignments or ability tracking and protects English Language Learner (ELL) students Building Principals handle inquires regarding non-discrimination policies

5. Federal Law: Title IX Prohibits discrimination or harassment related to gender, including sexual harassment Refer to the district anti-harassment policy for specifics regarding steps taken to investigate Your building’s designated person is the principal Refer all Title IX issues to the principal, the District Civil Rights Compliance Officer in the Department of Pupil Personnel Services and the Superintendent of Schools

6. Title IX: Understanding Sexual Harassment Sexual harassment creates a hostile environment due to inappropriate speech, materials, or actions Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, or other conduct, physical or verbal, of a sexual nature Sexual harassment interferes with school or work performance and creates an intimidating or offensive environment

7. Title IX: Understanding Sexual Harassment Examples of prohibited activities that might create a hostile work/learning environment might include: vulgar or explicit sexually related epithets, abusive language sexually explicit behavior or indecent exposure by students or employees graffiti, posters or calendars

8. Reporting Requirements Any employee or student who believes he/she has been the victim of harassment or discrimination should report it to the principal, counselor, or a teacher Active investigations will result from report, as applicable, and may result in sanctions up to termination or expulsion If the conduct violates the law, the appropriate authorities will be notified

9. Federal Law: Section 504 Requires that no qualified disabled person shall be discriminated against or be excluded from participation in an activity A disability is a mental or physical impairment that limits a person’s major life activity (self-care, walking, seeing, learning, breathing, speaking, working) Reasonable accommodations must be made to provide access to programs and/or facilities

10. Federal law: Section 504 No discrimination against a person with a disability will be permitted in any of the programs operated by the West Boylston Public Schools Questions about eligibility and enforcement should be directed to the building-based 504 coordinator. In West Boylston it is the school guidance department

11. Federal Law: Title II (American Disabilities Act) Prohibits discrimination against: access to programs and facilities free appropriate public education for elementary and secondary students employment Applies to special education services, evaluations, and IEPs, as well as student discipline

12. Tips for Addressing Harassment/Discrimination Enlist parents, students, and community groups in the effort Monitor the school climate Foster respect and appreciation for diversity Be sensitive to religious holidays

13. More Tips for Addressing Harassment/Discrimination Implement measures to address harassment immediately and effectively Collaborate with law enforcement Review crisis intervention plans Document and report all harassment incidents

14. Care and Protection of Children Under 18 (51A Report) School personnel are mandated reporters legally obligated to contact the Massachusetts Department of Children and Families (DCF) If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect they must follow DCF 51A reporting requirements Please consult with school principals, school nurses, or the Director of Pupil Personnel Services for assistance if abuse or neglect is suspected

15. Overview of Physical Restraint Guidelines and Crisis Prevention and Intervention

16. West Boylston Public Schools “The purpose of 603 CMR 46.00: (Physical Restraint Regulations) is to ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint” “Physical restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution”

17. West Boylston Policy on Physical Restraint: Purpose The purpose of the physical restraint policy is to ensure that every student in the West Boylston Public Schools is free from the use of unreasonable physical restraint. Physical restraint shall be used with extreme caution and only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate. The two goals are: To administer physical restraint only when needed to protect a student and/or member of the school community from imminent, serious, physical harm; and To prevent or minimize any harm to the student as a result of the use of physical restraint.

18. Restraint Policy: Purpose Nothing in 603 CMR 46.00 or this policy precludes any teacher or employee of the school system from using reasonable force to protect students, other persons, or themselves from assault or imminent, serious, physical harm. In addition, nothing in these regulations should interfere with or prohibit law enforcement, judicial authorities or mandated reporter responsibilities. The physical restraint program may only be used when: Non-physical interventions would not be effective. The student’s behavior poses a threat of imminent, serious, physical harm to self and/or others.

19. Program Physical restraint shall not be used as a means of punishment or as a response to property destruction, disruption of school order, refusal to comply, or verbal threats. A person administering physical restraint shall use the safest method available and shall discontinue the restraint as soon as possible. The student’s physical status shall be monitored continuously and the restraint will be terminated immediately if the student demonstrates physical distress. Persons who administer physical restraint shall review and consider any known medical or psychological limitations or behavior intervention plans for individual students. Following the release of a student from a physical restraint, the school staff shall implement follow-up procedures, including notification to parents/guardians and completion of the Physical Restraint Reporting Form. In addition, this shall include reviewing the incident with the student and with the staff who administered the restraint, and may include follow-up with students who witnessed the incident.

20. Training Requirements Within the first month of each school year, the superintendent/principal or his/her designee will provide all staff with policy and procedural information regarding physical restraint. Employees hired after the start of the school year will receive this information within a month of their employment. This presentation will address: The school’s physical restraint policy Interventions that may preclude the need for physical restraint, including de-escalation strategies Types of restraints and related safety considerations Administering physical restraint in accordance with known medical or psychological limitations or behavior plans of individual students Identification of staff who have received in-depth training in the use of physical restraint

21. Role of the Superintendent/Principal and Restraint Trainer The superintendent/principal shall identify program staff who are authorized to serve as school-wide or district-wide resources to assist in ensuring proper physical restraint. Initially, these staff members will participate in in-depth physical restraint training of sixteen (16) hours in length. They will then have review sessions to reinforce practices and procedures annually. Whenever possible, these trained staff members will be called upon to administer necessary physical restraint. The district will also identify one or more staff to be trained as qualified restraint trainers. This staff will receive annual out-of-the district training and certification from a high quality designated restraint training organization.

22. Reporting and Follow-Up Procedures All instances of physical restraint will be reported. The staff member who administered the physical restraint shall verbally inform the superintendent/principal or his/her designee as soon as possible, and shall submit a written report no later than the next school working day. The superintendent/principal shall maintain report forms, ongoing records of all reported instances of physical restraint, which shall be made available for review by the Department of Elementary and Secondary Education upon request. The superintendent/principal or his/her designee shall verbally inform the student’s parents or guardians of the restraint as soon as possible. A written report, in the native language of the parents or guardians shall be mailed to them, postmarked no later than three school working days following the incident.

23. Injury and/or extended restraint When a physical restraint has resulted in a serious injury to a student or staff member, or when an extended restraint (more than 20 minutes) has been administered, the school shall provide a copy of the written report to the Department of Elementary and Secondary Education within five days of the incident. A copy of the record of physical restraints maintained by the superintendent/principal for the thirty day period prior to the reported restraint shall also be submitted.

24. Complaint Procedures Parents or guardians who have a complaint regarding physical restraint procedures may request a meeting with the superintendent/principal to discuss their concerns. If the parents/guardians’ issues are not resolved at this level, they may request an Executive Session hearing with the West Boylston Public Schools School Committee. Legal Reference:603 CMR 46.00 M.G.L. 71:37G

25. Restraint-Trained Teams Each school in the West Boylston district has a restraint-trained team. The district currently has one certified restraint trainer who conducts the required annual trainings using the Quality Behavioral Solutions System (QBS). QBS, Inc. is an evidenced- based intervention model located in Holliston, Massachusetts. Consult your building principal to determine who is a member of your school’s team ONLY restraint-trained staff can engage in a restraint of a student, after exhausting all other efforts of de-escalation. Training and mandatory refresher trainings are offered annually. Consult your principal if you are interested in becoming a member of your school’s restraint-trained team.

26. Remember: Two goals when utilizing physical restraint: “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” “To prevent or minimize any harm to the student as a result of the use of physical restraint” **Applies to school events and activities sponsored by public education programs

27. Confidentiality: Essence of the Laws - Protection of personally identifying information that is collected, used or maintained Governance: - Family Educational Rights and Privacy Act - M.G.L c. 71 Sec. 34H DO: Think about the dignity and privacy of each student with whom you work. Think about your surroundings when having a professional discussion regarding a student. Support your peers in this effort. Safeguard email…it is a public document. DON’T: Discuss students in front of other students or in public areas: grocery store, theater, restaurant, cook-out, or picnic, church, teachers’ lounge Use full names of students Leave records unsecured ** Answer questions about students or convey any knowledge of the student to ANY unauthorized public or private individuals.

28. Bullying Prevention and Intervention The law requires all school employees to immediately report any instance of bullying or retaliation that they have witnessed or become aware of to the principal, who shall promptly conduct an investigation. Chapter 92 of the acts of 2010 An Act Relative to Bullying in Schools

29. Bullying Prevention and Intervention Plans Each school district, charter school, non-public school, Department-approved private special education school, and collaborative school must create a Bullying Prevention and Intervention Plan (The Plan) that prohibits bullying, cyber-bullying, and retaliation. The Plan is to include information on reporting, notice to parents and guardians, notice to law enforcement as necessary, and counseling strategies and procedures for creating safety plans for victims. Bullying Prevention and Intervention Plans must be updated every other year. (See M.G.L. c. 71, sec. 370, added by Chapter 92 of the Acts of 2010.) When developing the Plan, school districts, charter schools, Department-approved private special education schools, and collaborative schools must give notice and provide for a public comment period. Non-public schools must allow for notice and a comment period for families that have a child attending the school. Public schools must amend school handbooks to include an age- appropriate summary of their new Bullying Prevention and Intervention Plan. (See M.G.L. c. 71, sec. 37H, as amended by Chapter 92 of the Acts of 2010.)

30. Bullying Prevention Instruction Each school district, charter school, department approved private special education school, and collaborative school is required to provide age- appropriate instruction on bullying prevention for students in each grade that is incorporated into the curriculum of the school or district. The curriculum must be evidence-based, and information about it must be made available to parents and guardians. (See M.G.L. c. 71, sec. 370 ©, as added by Chapter 92 of the Acts of 2010.)

31. Professional Development School districts, charter schools, department- approved private special education schools, and collaborative schools must implement, for all school staff, professional development that includes developmentally appropriate strategies for bullying prevention and intervention, research findings on bullying, and information on cyber- bullying and internet safety. (See M.G. L. c. 71, Sec. 370(d), as added by Chapter 92 of the Acts of 2010.)

32. Requirements for Students with Disabilities For students identified with a disability on the autism spectrum, the IEP Team must consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. Whenever the IEP Team evaluation indicates that a student’s disability affects social skills development, or when the student’s disability makes him or her vulnerable to bullying, harassment, or teasing, the IEP must address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. (See M.G.L. c. 71B, sec. 3, as amended by Chapter 92 of the Acts of 2010.)

33. Definitions under M.G.L. c.71, s. 370 Aggressor is a student who engages in bullying, cyber- bullying, or retaliation. Bullying is the repeated use by one or more students of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at the target that: causes physical or emotional harm to the target or damage to the target’s property; places the target in reasonable fear of harm to himself or herself or of damage to his or her property; creates a hostile environment at school for the target; infringes on the rights of the target at school; or materially and substantially disrupts the education process or the orderly operation of a school.

34. Definitions Cyber-bullying is bullying through the use of technology or any electronic communication, which shall include but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages, or facsimile communications. Cyber-bullying also includes: the creation of a web page or blog in which the creator assumes the identity of another person; the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the aforementioned conditions, inclusive, of the definition or bullying; and 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 aforementioned conditions, inclusive, of the definition of bullying.

35. Definitions Hostile environment 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. Staff includes, but is not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extra curricular activities, support staff, or paraprofessionals. Target is a student against whom bullying, cyber-bullying, or retaliation has been perpetrated.

36. Bullying Prevention and Intervention Resources The Massachusetts Department of Elementary and Secondary Education has posted a number of very helpful resources related to bullying prevention. Some of these include parent information, presentation slides from workshops, curriculum information from the Massachusetts Aggression Reduction Center and from the Massachusetts Attorney General’s Office. These materials may be accessed at: www.doe.mass.edu/ssce/bullying

37. Internet Safety Public schools that provide computer access to students must have an internet safety policy to protect students from inappropriate materials and subject matter. The policy, and standards and rules enforcing it, must be determined by the school committee in cooperation with the superintendent. Parents must be notified of the policy and related rules. (See M.G.L. c. 71, sc. 93, added by Chapter 92 of the Acts of 2010.)

38. Conclusion Please see your principal for access to your school’s Bullying Prevention Plan as well as any policies, procedures and forms associated with subjects covered in this presentation. FOLLOW THIS LINK TO SIGN THAT YOU HAVE READ AND UNDERSTOOD THIS INFORMATION.LINK