Presentation on theme: "Civil Rights Training Spencer-East Brookfield Regional School District 2012-2013."— Presentation transcript:
Civil Rights Training Spencer-East Brookfield Regional School District 2012-2013
Training Guidelines and Goals The Department of Elementary and Secondary Education mandates schools to annually train staff on Federal Civil Rights Laws. All employees are required to participate The Goal of the Training is to: Ensure that all state actors ( school employees) are well informed of their rights and responsibilities under the law. Provide understanding of the district’s policies and procedures relating to civil rights matters. Provide protection for all individuals and the school district.
FEDERAL LAWS Non-Discrimination Federal Law Title II Federal Law Title VI Federal Law Title IX Federal Law Section 504 Age Discrimination Act of 1975
Statement of Non-Discrimination The Spencer-East Brookfield Regional 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, color, disability, national origin, religion, race, sexual orientation, homelessness, and any other protected class.
Title II Americans with Disabilities Act (ADA) Title II of the ADA provides comprehensive civil rights protections for "qualified individuals with disabilities” and Prohibits discrimination against: Access to programs and facilities All "qualified individuals with disabilities."
Title II (ADA) An "individual with a disability" is a person who has a physical or mental impairment that substantially limits a "major life activity", or has a record of such an impairment, or is regarded as having such an impairment. "Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Title II-(ADA) School Employees Must: Allow equal opportunities for individuals with disabilities to enjoy services, programs or activities. May not deny access because of the disability. Make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities. Provide programs and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity. Title II concerns should be reported to the Director of Pupil Services
Federal Law: Title VI Discrimination based on race, color or national origin
Federal Law Title VI Specifically 42 U.S.C. § 2000d states: “ No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
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 Limited English Proficient (LEP) students. All Title VI issues must be reported to the building Principal or Director of Pupil Services
Federal Law: Title IX Gender Discrimination including Sexual Harassment
Federal Law: Title IX 20 U.S.C. § 1681 states “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 education program or activity receiving Federal financial assistance” Prohibits discrimination or harassment related to gender, including sexual harassment. All Title IX issues must be referred to your building principal and to the Superintendent
Sexual Harassment Unwelcome conduct of a sexual nature by student or staff member Interferes or limits school or work performance by creating a hostile, humiliating, intimidating, or offensive school climate Includes unwanted advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature Refer to the district Sexual Harassment Policy for steps taken to investigate.
Section 504 Section 504 is an access law. It prohibits discrimination based on a disability. Specifically, 34 C.F.R.§104 states: "No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
Section 504 To qualify under Section 504 a student must: Be determined to have a physical or mental impairment that substantially limits one or more major life activities including learning and behavior. Have a record of having such an impairment OR Be regarded as having such impairment.
Section 504 Section 504 Ensures: Non discrimination in education Program accessibility Reasonable accommodations K-12, Free Appropriate public education as outlined in I.D.E.I.A. Once a 504 plan is in place, educators MUST provide the stated accommodations. Failure to provide the accommodations is a civil rights violation and individuals may be subject to sanctions. All 504 questions must be directed to the building based 504 coordinator
Age Discrimination Act of 1975 Age Discrimination Act of 1975. The Age Discrimination Act prohibits Discrimination on the basis of age in federally funded programs or activities. Individuals who believe they are victims of discrimination may file a complaint with the Superintendent.
Bullying (M.G.L. c. 71, § 37O ) In response to the requirements of the bullying prevention and intervention law, M.G.L. c. 71, § 37O, all school districts, charter schools, non-public schools, approved private special education day or residential schools, and collaborative schools must have a DESE-approved Bullying Prevention and Intervention Plan (BPIP) in place. Please refer to the district website to review this plan. Part of the legislation requires all personnel working with school-age children to receive professional development- training on bullying. We meet this standard by way of this online training and by other supplemental training provided at the schools.
ADDRESSING & REPORTING SUSPECTED HARASSMENT OR DISCRIMINATION
Harassment/Discrimination The district supports students rights to attend a public school that is safe and free from discrimination, harassment, and hate- motivated violence M.G.L. Chapter 76, section 5: Guarantees that no student will be discriminated against based on race, color, religion, national origin, ethnicity, gender, sexual orientation, or disability
Tips for Addressing Harassment/Discrimination Enlist parents/guardians, students, and community groups in the effort of reporting Immediately report instances to the building Principal or Superintendent Record every instance to establish a pattern Do not promise to “not tell” Collaborate with Law enforcement Monitor the school climate Foster respect and appreciation for diversity
Reporting Requirements Any employee or student who believes he/she has been the victim of harassment or discrimination should report it to a building administrator, counselor, or a teacher Active investigations will result from the report, as applicable and may result in legal and school based sanctions If the conduct violates the law, appropriate authorities will be notified
Process for Filing a Complaint Inquiries concerning the application of Title VI, Title IX/Chapter 622 and Section 504 in the Spencer-East Brookfield Schools may be referred to the building principals. All inquiries concerning the protection and rights afforded to persons in the other protected categories (color, religion, sexual orientation) may be referred to the Director of Pupil Services or to the Superintendent of Schools at the following address: 302 Main Street Spencer, Ma., 508-885-8515/508-885-8500. Inquiries concerning the applicability of the aforementioned federal laws and regulations to the Spencer-East Brookfield Public Schools may also be referred to the U. S. Department of Education, Office of Civil Rights (OCR), J.W. McCormack POCH, Boston, MA 02109-4557, 617-223-9662, TTY 617-223-9695. Concerns relating to the implementation of the Massachusetts equal educational opportunity law (M. G. L. c. 76 s.5) may be directed to the Massachusetts Department of Education, Program Quality Assurance, 350 Main Street, Malden, MA 02148, 781-338-3700. In lieu of filing a complaint with the Spencer-East Brookfield Public Schools, a complaint may be filed directly with the OCR within 180 days of the alleged discrimination or harassment. In addition, a complaint may be filed with OCR within 60 days of receiving notice of final disposition of the complaint by the Spencer-East Brookfield Public Schools, or in certain instances, within 60 days of receiving a final decision from the Bureau of Special Appeal (BSEA). Please note that a complaint filed with OCR is limited to issues of discrimination and harassment. OCR has no jurisdiction over compliance with state and federal special education laws.
Grievance Procedures for Discrimination Violations Any student or school employee who feels that he or she has been discriminated against because of race, color, national origin, sex, religion, disability, sexual orientation, age or homelessness with regard to admission to, access to, treatment in, or employment in its services, programs and activities should utilize the following procedure to register a grievance with the Spencer-East Brookfield Public Schools: Students or employees should submit any allegation of discrimination in writing to their building principal for consideration. The nature of the complaint should be specified in detail. The principal or his/her designee will investigate the allegations and respond to the complaint in writing within fifteen (15) school days of the receipt of the written complaint. If the matter is not resolved, the complainant may appeal in writing to the Grievance Coordinator, Director of Pupil Services. The Coordinator will meet with the complainant and respond within fifteen (15) days of receipt of the written complaint. If at the end of ten (10) school days following the written response from the Grievance Coordinator the matter remains unresolved, the complainant has the right to appeal to the Superintendent of Schools in writing. The Superintendent will investigate the complaint and respond in writing to the complainant within fifteen (15) school days after having received the complaint. If the matter remains unresolved, the complainant may appeal in writing to the appropriate school committee within ten (10) school days of the receipt of the Superintendent’s response. The school committee will meet within fifteen (15) days to review and consider the matter. The committee will respond to the complainant in writing within fifteen (15) school days following the meeting. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process.
CARE & PROTECTION OF CHILDREN UNDER AGE 18: MANDATED REPORTING
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, counselors or the Superintendent for assistance if abuse or neglect is suspected.
Conflict of Interest - Ethics All employees of the Spencer-East Brookfield Public Schools, as required by law, completed an initial online ethics training program in the spring of 2010. The online training, with accompanying electronic sign-off, took about 15 minutes to complete. Municipal employees who participated in the initial 2010 training are required to participate in re-training every two years after the 2010 administration. Municipal employees hired after December 29, 2009 should complete the online training within 30 days of the date on which they commence employment, and every 2 years thereafter. To access the online training, visit http://db.state.ma.us/ethics/quiz_methics/index.asp.http://db.state.ma.us/ethics/quiz_methics/index.asp Related resources pertaining to Conflict of Interest can be found on the Massachusetts State Ethics Commission website. Question regarding ethics laws and the Conflict of Interest Law should be forwarded to the Director of Pupil Services located at 302 Main Street Spencer, Ma. The office phone number is 508.885-8515.
Confidentiality: General Statement Employees and volunteers must maintain appropriate confidentiality with respect to conversations and/or information relating to students, families, parents/guardians, faculty, administration, and staff. Employees and volunteers may have access to, or otherwise learn of, confidential information with respect to students, parents/guardians, and colleagues. Such information is required to be maintained in strict confidence. Employees and volunteers are not to discuss such information outside the confines of the school building except on an authorized need to know basis in order to perform assigned duties. All business, employee, volunteer, and student records, computerized data and related information are the property of the Spencer-East Brookfield Public Schools. Employees are not to copy, distribute, alter or modify such records, materials, computerized data or information unless authorized to do so.
Confidentiality: PPRA & FERPA The Federal Protection of Public Rights Amendment (PPRA) affords parents/guardians and students who have reached the age of 18 (“eligible students”) certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 099) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents/guardians certain rights with respect to their children's education records. Additional information about the FERPA can be found at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.htmlhttp://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html. Parents/guardians and eligible students who believe their rights under PPRA and/or FERPA may have been violated may file a complaint with: Family Policy Compliance Office U. S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605
Record Keeping 603 CMR 23.00 pertains to Education Laws and Regulations regarding student records. It contains information relating to: Collection of Data: Limitations and Requirements Personal Files of School Employees Privacy and Security of Student Records Destruction of Student Records Access to Student Records
Record Keeping Amending the Student Record Appeals Notification Monitoring/Severance Clause It is imperative that record keeping procedures are followed district wide. Please refer to the website below for further information related to record keeping www.doe.mass.edu/lawsregs/603cmr23.html
Annual Provision of Collective Bargaining Agreement Between School Committees and the Teachers Union The Spencer-East Brookfield Schools are required to make the current Collective Bargaining Agreement Between the School Committees and the Teachers Union available. Accordingly, and in compliance with this regulation, the current Collective Bargaining Agreement can be found in Central Office and is available in each building.
OVERVIEW OF CRISIS INTERVENTION & PHYSICAL RESTRAINT
Crisis Intervention/Emergency Response In accordance with Michael’s Law, in August 2012 the district has adopted a newly developed Emergency Response Plan. All employees will receive training from principals in regards to this plan and have received an electronic copy. In addition, this plan is available on the Districts website. Please refer to this plan for procedures relating to all potential crisis/emergency situations.
Crisis Prevention and Intervention 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.
ANV Applied Non-Violent Intervention ANV, ( Applied Non- Violence) is the training program utilized by the Spencer-East Brookfield Regional Schools for which annual training-certification and recertification is offered during professional development time to interested personnel. Applied Non Violence program is a safe, non-harmful behavior management system designed to help educators provide for the best possible care, welfare, safety and security of disruptive, physically aggressive, and out-of-control persons even during the most violent moment.
Goals for Utilizing Physical Restraint 1. 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 2. To prevent or minimize any harm to the student as a result of the use of physical restraint. Applies to all school events and activities sponsored by public education programs
When Physical Restraint May Be Used nWhen non-physical interventions would not be effective nThe student's behavior poses a threat of imminent, serious, physical harm to self and/or others nWhen the restraint is pursuant to a student’s IEP or written plan developed in accordance with state and federal law and approved by the school and parent(s)/guardian(s) nWhen the restraint is 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
When Physical Restraint May Not Be Used Physical restraint is prohibited in the following circumstances: As a means of punishment As a response to property destruction Disruption of school order or a school assembly Student's refusal to comply with a school rule or staff directive Verbal threats that do not constitute a threat of imminent, serious, physical harm
Proper Administration of Physical Restraint Trained personnel should administer physical restraint. 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.
Reporting Requirements Physical restraint that results in any injury to a student or staff member Physical restraint of a duration longer than five minutes Utilize the Restraint Report Form available from your principal or the central office.
Informing the Department of Elementary and Secondary Education A report should be filed when a restraint has resulted in a serious injury to a student or staff member or the restraint lasted longer than twenty (20) minutes (extended restraint) Provide a copy of the written report to the Department of Elementary and Secondary Education within five (5) school working days of the administration of the restraint A copy of the record of physical restraints maintained by the administrator for the thirty day (30) period prior to the reported restraint
Thank You! Please electronically sign the link below to confirm that you have participated in this training. Electronic Signature: Please email Karen Zaleski at email@example.com with the following information: Name, Position, School or Location and the Date of firstname.lastname@example.org