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Sutton Public Schools Civil Rights Training. Why provide on-line training? Annual training is mandated by DESE. Annual training is mandated by DESE. All.

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Presentation on theme: "Sutton Public Schools Civil Rights Training. Why provide on-line training? Annual training is mandated by DESE. Annual training is mandated by DESE. All."— Presentation transcript:

1 Sutton Public Schools Civil Rights Training

2 Why provide on-line training? Annual training is mandated by DESE. Annual training is mandated by DESE. All employees are required to participate. All employees are required to participate. This training protects individuals and the district and ensures that all employees know their rights and responsibilities. This training protects individuals and the district and ensures that all employees know their rights and responsibilities.

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

4 Federal Law: Title IX Prohibits discrimination or harassment related to gender, including sexual harassment. Prohibits discrimination or harassment related to gender, including sexual harassment. Refer to the district sexual harassment policy for specifics regarding steps taken to investigate. School personnel must contact their administrator or appropriate personnel if a complaint is made. Refer to the district sexual harassment policy for specifics regarding steps taken to investigate. School personnel must contact their administrator or appropriate personnel if a complaint is made. Carol McMahon is the Title IX Coordinator. Carol McMahon is the Title IX Coordinator.

5 Federal Law: Title VI Protects against discrimination based on race, color, and national origin. Protects against discrimination based on race, color, and national origin. Applies to students, parents, and employees. Applies to students, parents, and employees. Prohibits discrimination in student class assignments or ability tracking and protects ELL students. Prohibits discrimination in student class assignments or ability tracking and protects ELL students.

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

7 Title IX: Understanding Sexual Harassment Examples or prohibited activities that might create a hostile work/learning environment might include: Examples or 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 or harassment or discrimination should report it to a building administrator, counselor, or teacher. Any employee or student who believes he/she has been the victim or harassment or discrimination should report it to a building administrator, counselor, or teacher. Active investigations will result from the report, as applicable and may result in sanctions up to suspension or dismissal. Active investigations will result from the report, as applicable and may result in sanctions up to suspension or dismissal. If the conduct violates the law, the appropriate authorities will be notified. 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. 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 activities (self- care, walking, seeing, learning, breathing, speaking, working.) A disability is a mental or physical impairment that limits a person’s major life activities (self- care, walking, seeing, learning, breathing, speaking, working.) Reasonable accommodations/modifications must be made to provide access to programs and/or facilities. Reasonable accommodations/modifications 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 of Sutton Public Schools. No discrimination against a person with a disability will be permitted in any of the programs of Sutton Public Schools. Questions about eligibility and enforcement should be directed to the 504 Coordinator, Theodore Friend. Questions about eligibility and enforcement should be directed to the 504 Coordinator, Theodore Friend.

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

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

13 More Tips Collaborate with law enforcement and outside agencies. Collaborate with law enforcement and outside agencies. Review crisis intervention plans. Review crisis intervention plans. Document and report all harassment incidents. Document and report all harassment incidents.

14 Care and Protection of Children Under 18 School personnel are mandated reporters School personnel are mandated reporters If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect they must follow DCF reporting requirements. If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect they must follow DCF reporting requirements. Please consult with school principals or the district special education director for assistance if abuse or neglect is suspected. Please consult with school principals or the district special education director for assistance if abuse or neglect is suspected.

15 Overview of Physical Restraint Guidelines & Upcoming Changes

16 Physical Restrain of Students State Regulations: 603 CMR 46.00 State Regulations: 603 CMR 46.00 Significant Changes to restraint regulations will take effect January 1, 2016.

17 Staff Rights/Responsibilities Right to use reasonable force to protect oneself, a student, or others from assault or imminent, serious, physical harm. Right to use reasonable force to protect oneself, a student, or others from assault or imminent, serious, physical harm. Right to report a crime. Right to report a crime. Mandated reporting responsibilities. Mandated reporting responsibilities. Rights of law enforcement/school security/judicial authorities to exercise responsibilities such as detaining student alleged to have committed a crime or posing a security risk. Rights of law enforcement/school security/judicial authorities to exercise responsibilities such as detaining student alleged to have committed a crime or posing a security risk.

18 Who should receive training? All school staff should read and be familiar with the regulations. The policy is located in the principals’ offices. All school staff should read and be familiar with the regulations. The policy is located in the principals’ offices. Lack of knowledge of the law will not protect you or your students from the consequences of inappropriate actions. Lack of knowledge of the law will not protect you or your students from the consequences of inappropriate actions.

19 General Administration of Restraint Requirements Remain Administered only by trained personnel Administered only by trained personnel Must use minimum amount of force necessary in the safest manner possible. Must use minimum amount of force necessary in the safest manner possible. Have an adult non-participating witness when possible. Have an adult non-participating witness when possible.

20 General Prohibitions Remain Chemical Restraint, Mechanical Restraint and Seclusion are Prohibited. Chemical Restraint, Mechanical Restraint and Seclusion are Prohibited. Only Physical Restraint is permitted. Only Physical Restraint is permitted.

21 Overview of Significant Changes: 1. New definition of seclusion. 2. Use definition and requirements for the use of time out. 3. Additional Prohibition on the use of physical restraint. 4. Requirement to consider known or suspected trauma history. 5. New protocols for extended restraint. 6. Prone restraints generally prohibited. 7. New documentation required when prone restraint used. 8. Restraint reporting requirement increased. 9. New weekly and monthly administrative review. 10. Additional Provisions to include in training and policy.

22 Changing Definition of Seclusion Current: Physically confining student alone in a room or limited space without access to school staff.  Does not include “time out” procedures during which a staff member remains accessible to student 01/01/2016 Involuntary confinement of student alone in a room or area from which the student is physically prevented from leaving.  Does not include “time out” as defined in 603 CMR 46.02

23 Changing Requirements for Time Out Current No Specific definition. Only requirement is that a staff member must remain accessible to student. 01/01/2016 Defined as behavioral support strategy in which a student is temporarily separated from the learning activity or classroom, either by choice or by direction from staff for the purpose of calming. Several requirements for use.

24 New Requirements for the use of Time Out (effective 1/1/2016) Student must be continuously observed by staff. Student must be continuously observed by staff. Staff must be with student or immediately available at all times. Staff must be with student or immediately available at all times. Space used must be clan, safe, sanitary, and appropriate for calming. Space used must be clan, safe, sanitary, and appropriate for calming. Must terminate as soon as student has calmed. Must terminate as soon as student has calmed.

25 New Requirements for the use of Time Out (continued) School district must develop time out policy/procedure, pursuant to 603 CMR 46.04(1) School district must develop time out policy/procedure, pursuant to 603 CMR 46.04(1)  This will include process to obtain principal approval to extend time-out beyond 30 minutes based on the “individual student’s continuing agitation.”

26 Physical Restraint Definition Current The use of bodily physical force to limit a student’s freedom of movement.  Does not include the touching or holding of a student, without the use of force, for the purpose of directing or supporting the student. 01/01/2016 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

27 Additional Prohibitions on the use of Physical Restraint. Current May not be used as: 1. punishment or 2. In response to property destruction, disruption of school order, refusal to comply with rules directions, or verbal threats unless harm standard is also met. 01/01/2016 May Not Be Used: 1. As punishment/discipline; or 2. In response to property destruction, disruption of school order, refusal to comply with rules/directions, or verbal threats unless harm standard is also met; or con’t

28 Additional Prohibitions on Use of Physical Restraint (continued) 1/1/16 May Not Be Used: 3. When medically contraindicated(consider asthma, seizures, cardiac condition, obesity, bronchitis, communication-related disability, risk of vomiting, etc.); or 4. As a standard response for any student. No written individual behavior plan or IEP may include use of physical restraint as a standard response to any behavior.

29 When May Physical Restraint Be Used? Current When non-physical interventions would not be effective, and the student’s behavior poses a threat of imminent, serious, physical harm to self and/or others 1/1/16 Emergency procedure of last resort, prohibited except when:  the student’s behavior poses a threat of assault or imminent, serious, physical to self and/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

30 Changes in Law re: Use of Prone Restraints (effective 01/01/2016) Prone Restraint -physical restraint in which a student is placed face down on floor or another surface, and physical pressure is applied to student’s body to keep student in face-down position Prone Restraint -physical restraint in which a student is placed face down on floor or another surface, and physical pressure is applied to student’s body to keep student in face-down position

31 Upcoming General Prohibition on Use of Prone Restraints 1/1/16: Prone restraints prohibited, except on an individual basis and under these circumstances: (1) Student has documented history of repeatedly causing serious self-injuries and/or injuries to other students or staff; and (1) Student has documented history of repeatedly causing serious self-injuries and/or injuries to other students or staff; and (2) All other forms of physical restraint have failed to ensure safety of student and/or others; and (2) All other forms of physical restraint have failed to ensure safety of student and/or others; and (3) There are no medical contraindications as documented by a licensed physician; and (3) There are no medical contraindications as documented by a licensed physician; and(continued)

32 Prone Restraint (continued) (4)There is psychological or behavioral justification for the use of prone restraint and no psychological or behavioral contraindications, as documented by a licensed mental health professional; and (4)There is psychological or behavioral justification for the use of prone restraint and no psychological or behavioral contraindications, as documented by a licensed mental health professional; and (5) Program has obtained consent to use prone restraint in an emergency as set out in 603 CMR46.03(1)(b), and the use is approved in writing by principal; and (5) Program has obtained consent to use prone restraint in an emergency as set out in 603 CMR46.03(1)(b), and the use is approved in writing by principal; and (6) Program has documented all of the above before using prone restraint and maintains the documentation. (6) Program has documented all of the above before using prone restraint and maintains the documentation.

33 Duration of Restraint Current Must discontinue as soon as possible. Restraint beyond 20 minutes is “extended restraint” subject to additional reporting requirements to DESE. 01/01/2016 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 student is restrained beyond 20 minutes, staff must obtain approval of Principal. Approval must be based upon student’s continued agitation justifying need for continued restraint.

34 Restraint Safety Make sure student is able to breathe and speak. Make sure student is able to breathe and speak. Continuously monitor physical status, including skin temperature, color and respiration. Continuously monitor physical status, including skin temperature, color and respiration. If student experiences physical distress --release restraint and seek medical assistance immediately. If student experiences physical distress --release restraint and seek medical assistance immediately. Know students’ medical and psychological limitations, known or suspected trauma history (new provision in 1/1/16 law), and/or behavior intervention plans. Know students’ medical and psychological limitations, known or suspected trauma history (new provision in 1/1/16 law), and/or behavior intervention plans. Implement follow-up procedures after release from restraint. Review incident with student and staff. Implement follow-up procedures after release from restraint. Review incident with student and staff.

35 Reporting Requirements Current Must report: 1. any restraint that lasts more than 5 minutes; and 2. any restraint that results in injury 1/1/16 Must report: ALL RESTRAINTS

36 Reporting Timelines and Process Staff member must immediately verbally inform the Principal and must file a written report no later than next school day Staff member must immediately verbally inform the Principal and must file a written report no later than next school day Principal must verbally inform the student’s parents immediately and must send a detailed written report w/in 3 school days of restraint Principal must verbally inform the student’s parents immediately and must send a detailed written report w/in 3 school days of restraint May send report by first-class mail or by email to an email address that parents provided for student- related communication (new provision in 1/1/16 law) May send report by first-class mail or by email to an email address that parents provided for student- related communication (new provision in 1/1/16 law)

37 Reporting to DESE Current Restraints resulting in serious injury and extended restraints must be reported within 5 working days 01/01/2016 Restraints resulting in serious injury must be reported within 3 working days

38 Reporting to DESE New Provision in 01/01/2016 Current Maintain file of all restraints; file must be available for review by DESE, upon request. 01/01/2016 Report all physical restraints to DESE in annual report in manner/form directed by DESE.

39 Individual Waiver of Reporting Requirements Current Parents can agree to waive reporting requirements in individual circumstances, although not for extended restraint or restraint resulting in serious injury. 01/01/2016 NO INDIVIDUAL WAIVERS

40 Content of Report Names/job titles of those involved, including observers Names/job titles of those involved, including observers Date and time began/time ended Date and time began/time ended Name of administrator verbally informed Name of administrator verbally informed Name of Principal/designee who approved restraint beyond 20 minutes (new provision in 1/1/16 law) Name of Principal/designee who approved restraint beyond 20 minutes (new provision in 1/1/16 law) What was happening before restraint What was happening before restraint Efforts used to prevent escalation of behavior, including specific de-escalation strategies used (new provision in 1/1/16 law) con’t Efforts used to prevent escalation of behavior, including specific de-escalation strategies used (new provision in 1/1/16 law) con’t

41 Content of Report Alternatives to restraint that were attempted Alternatives to restraint that were attempted Justification for initiating restraint Justification for initiating restraint Description of holds used and why they were necessary Description of holds used and why they were necessary Description of student’s behavior and reaction during restraint, and any medical care given Description of student’s behavior and reaction during restraint, and any medical care given Information regarding further actions school has taken or may take Information regarding further actions school has taken or may take Information regarding opportunities for student’s parents to discuss restraint with school Information regarding opportunities for student’s parents to discuss restraint with school

42 Additional New Provisions in 01/1/2016 Law Administrative Review by Principal Administrative Review by Principal Weekly Individual Student Review Weekly Individual Student Review Monthly School Wide Review Monthly School Wide Review

43 Principal’s Monthly School Wide Review Consider patterns, number, duration, injuries Consider patterns, number, duration, injuries Assess whether restraint prevention and management policy needs to be modified Assess whether restraint prevention and management policy needs to be modified Assess whether additional staff training on restraint reduction/prevention strategies is needed Assess whether additional staff training on restraint reduction/prevention strategies is needed

44 Principal’s Weekly Individual Student Review Identify students restrained multiple times during week Identify students restrained multiple times during week Convene review team(s) to assess each student’s progress and needs Convene review team(s) to assess each student’s progress and needs Review and discuss written reports Review and discuss written reports Analyze factors leading up to restraint Analyze factors leading up to restraint Consider factors that may have contributed to escalation of behaviors Consider factors that may have contributed to escalation of behaviors Develop written action plan Develop written action plan Goal is to reduce or eliminate future restraint Goal is to reduce or eliminate future restraint

45 New Provisions to Include in Policy/Procedures (as of 01/01/2016) Methods to engage parents in discussions about restraint prevention and use of restraint solely as an emergency procedure Methods to engage parents in discussions about restraint prevention and use of restraint solely as an emergency procedure Description and explanation of program’s alternatives to physical restraint and method of physical restraint in emergency situations Description and explanation of program’s alternatives to physical restraint and method of physical restraint in emergency situations If time-out used, procedure to obtain approval for use of time out > 30 minutes If time-out used, procedure to obtain approval for use of time out > 30 minutes

46 New Provisions to Include in Policy/Procedures (as of 01/01/2016) Use of time-out as a behavior support strategy distinct from seclusion Use of time-out as a behavior support strategy distinct from seclusion Alternatives to restraint in emergency circumstances Alternatives to restraint in emergency circumstances Consider known or suspected trauma history of student Consider known or suspected trauma history of student Impact of physical restraint on student and family (psychological, physiological, social-emotional, etc.) –for in depth-training only Impact of physical restraint on student and family (psychological, physiological, social-emotional, etc.) –for in depth-training only

47 ACCEPTABLE USE POLICY (AUP) (Condensed staff version) 1. All users must sign the following policy prior to using computers anywhere on Sutton Public School District (SPSD) property. 2. Failure to abide by any of the rules in the AUP may result in a. disciplinary action i. termination of computer usage ii. termination of network privileges i. termination of computer usage ii. termination of network privileges

48 2. Failure to abide by any of the rules in the AUP may result in (cont.) b. criminal consequences i. notification of appropriate law enforcement agencies i. notification of appropriate law enforcement agencies ii. legal prosecution. ii. legal prosecution.

49 Personal Safety Users agree that they will NOT 1.post any personal information at Internet-based sites. 2.meet people with whom they have made contact online without the consent of a parent.

50 Security Users agree that they will NOT 1.fail to notify a technology staff member / administrator if they a.encounter security issues. b.believe someone is accessing their account. 2.hack into any part of the school network or initiate any hacking activities from the school network. 3.introduce or generate computer viruses.

51 Illegal Activities Users agree that they will NOT 1. access any unauthorized system or data. 2. log in using another user’s password. 3. deliberately impair or destroy computer systems or data. 4. use the schools’ network for illegal activities. 5. copy or remove software from the school network.

52 Plagiarism Users agree that they will NOT 1. plagiarize. 2. violate copyright laws.

53 Inappropriate Behavior and Activities Users agree that they will NOT 1.use obscene, threatening or disrespectful language and/or materials. 2.engage in unauthorized commercial activity or political lobbying. 3.discuss/transmit highly sensitive/confidential school department information. 4. broadcast messages/lists, subscribe to list- services/newsgroups or participate in discussion groups/chat rooms, without expressed prior permission and supervision.

54 Inappropriate Behavior and Activities (cont.) Users agree that they will NOT 5.download files that do not have an educational purpose. Games, file sharing software, MP3 files or other non-educational materials should not be downloaded. 6. download, install, or use Instant Messaging or chat software. 7. access personal e-mail accounts during instructional time.

55 Inappropriate Behavior and Activities (cont.) Users agree that they will NOT 8. send e-mail that is required for an educational purpose without the teacher’s permission/supervision. (Should pass through the teacher’s e-mail account.) 9. let students use computers without supervision by a member of the faculty or staff.

56 Inappropriate Behavior and Activities (cont.) Users agree that they will NOT 10. participate in other types of use that would cause congestion of the network or interfere with the work of others. 10. participate in other types of use that would cause congestion of the network or interfere with the work of others. 11.attempt to override/bypass any filters/blocks on the computer system without prior permission of the supervising staff member. 11.attempt to override/bypass any filters/blocks on the computer system without prior permission of the supervising staff member.

57 Account Responsibilities Users agree that they WILL 1. only save educational files to: a. their personal network directory (H:\drive) b. a designated “shared” network folder c. a portable storage device (e.g. USB “flash” drive). (Files should not be saved to C:\ drives or unauthorized areas of the network.) 2. remove unnecessary files from the SPSD network as soon as possible.

58 Account Responsibilities (cont.) Users are reminded that Users are reminded that 1. accounts are provided as a courtesy and can be withdrawn if violations occur. 2. all messages and information created, sent or retrieved on the network are the property of SPSD. 3. copies of all information created, sent or retrieved are stored on the computer network’s back-up files. SPSD reserves the right to access and monitor all messages and files on the computer system as it deems necessary and appropriate.

59 Account Responsibilities (cont.) Users are reminded that 4. the SPSD assumes no responsibility for any: a. unauthorized charges of fees. b. financial obligations arising out of unauthorized use of the system for the purchase of products or services. c. cost /liability/damages caused by violation of these guidelines. d. unauthorized information/materials that are transferred through the SPSD network.


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