MSAD#75 Policies

M.S.A.D. No. 75 POLICIES


For a complete list of M.S.A.D. No. 75 Policies and for more information on those policies outlined below, please visit the District’s website.

CHILD FIND NOTICE

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
HAZING
INTEGRATED PEST MANAGEMENT POLICY
NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
SCHOOL CEREMONIES AND OBSERVANCES HOLIDAY POLICY
STUDENT ATTENDANCE/STUDENT ABSENCES AND TARDINESS 
STUDENT COMPUTER AND INTERNET USE
STUDENT COMPUTER AND INTERNET USE RULES
STUDENT/PARENT FUNDRAISING ACTIVITIES
STUDENT PROTECTION FROM BULLYING
STUDENT PROTECTION FROM HARASSMENT
STUDENT PROTECTION FROM HARASSMENT AND SEXUAL HARASSMENT
STUDENT SEARCHES
STUDENT SURVEYS AND MARKETING INFORMATION
USE OF PHYSICAL RESTRAINT AND SECLUSION





CHILD FIND NOTICE

FILE: IHBAC


As a resident of MSAD No. 75, you are NOTIFIED that you are entitled to certain rights under the Individuals with Disabilities Education Act (PL – 105-17). 


Under Federal law and State regulations, MSAD No. 75 is responsible for locating, identifying, and evaluating all resident students in public, private, or home school settings who are or may be in need of special education services. This responsibility is called “Child Find” and includes this notification.


If you are a parent of a resident student or know of any resident student who does or may have a disability, which may require special education, please contact either the MSAD No. 75 Director of Special Services at 729-1557 or the Principal of your local public school. MSAD No. 75 will initiate a referral process for an individual comprehensive evaluation to determine whether a student is eligible to receive special education. All contacts are kept strictly confidential. 


FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

FILE: JOB


STUDENT EDUCATION RECORDS


The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:


  1. The right to inspect and review the student’s education records within 45 days of the day the District receives a request for access.


Parents or eligible students should submit to the school principal a written request that identifies the records they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.


  1. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.


Parents or eligible students may ask M.S.A.D. No. 75 to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the District decides not to amend the record as requested by the parent or eligible student, the District will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.


  1. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.


One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.


  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:


U.S. Department of Education

Family Policy Compliance Office

400 Maryland Avenue, S.W.

Washington, D.C. 20202-5920


  1. M.S.A.D. No. 75 reserves the right to make public personally identifiable information from the education records of students if that information is designated as “directory” information. Directory information includes the student’s name, major field of study, participation in officially recognized activities and sports, weight and height of athletes, dates of attendance, honors and awards received, and the most recent previous school attended.


If a parent or adult student does not want the above directory information released, please inform the school principal in writing by the first day of school each year.


HAZING

FILE: JFCF


Maine statute defines hazing as “any action or situation which recklessly or intentionally endangers the mental or physical health of a student enrolled in a public school or school personnel.”


It is the policy of the Board of Directors that hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with M.S.A.D. No. 75, are inconsistent with the educational process and shall be prohibited at all times.


No administrator, faculty member or other employee of M.S.A.D. No. 75 shall encourage, permit, condone, or tolerate hazing activities. No student, including leaders in student organizations, shall plan, encourage, or engage in hazing activities.


Persons not associated with M.S.A.D. No. 75 who fail to abide by this policy may be subject to ejection from school property and/or other measures.


Administrators, faculty members, students, and all other employees who fail to abide by this policy may be subject to disciplinary action, which may include suspension, expulsion, or other appropriate measures.


In the case of an organization affiliated with M.S.A.D. No. 75, which authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with M.S.A.D. No. 75.


These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject.


The Superintendent shall assume responsibility for administering this policy. In the event that an individual or organization disagrees with an action—or lack of action—on the part of the Superintendent as he/she carries out the provisions of this policy, that individual or organization may appeal to the full School Board of Directors. The ruling of the board of Directors, with respect to the provisions of this policy, shall be final.


A copy of this policy shall be included in all school, parent, and faculty handbooks or otherwise distributed to all school employees and students.


INTEGRATED PEST MANAGEMENT POLICY

FILE: ECB


M.S.A.D. No. 75 desires to prevent unnecessary expose to children and employees to pesticides and reduce the need to rely on pesticides when managing pests. It is the policy of M.S.A.D. No. 75 to only use pesticides when pests have been identified and their presence verified. Selection of treatment options or corrective actions will give priority to least-risk actions whenever possible to provide the desired control of pests. Education of staff, students, employees, and parents about IPM will be included to achieve desired objectives. When it is determined that pesticides are needed, only products registered for use in Maine will be used, and they will be used only in strict accordance with the product label. Further, only individuals properly licensed by the Maine Board of Pesticides Control will use pesticide products. Our policy prohibits the use of any pesticide by unlicensed staff except to control stinging insects that pose an imminent threat to human health on school grounds, or disinfectants used for routine cleaning. It will be this school’s policy to make the appropriate notification and posting as well as to keep records of all pesticide use and other pest control actions. A copy of our full School IPM Policy statement and School IPM plan will be maintained in the Facilities Department at Central Office and is available upon request.


NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION

FILE: AC


M.S.A.D. No. 75 does not discriminate on the basis of race, color, national or ethnic origin, religion, gender, sexual orientation, marital or parental status, age or disability in its employment or in the administration of its educational policies and programs.


Inquiries and/or grievances concerning the above statement should be directed to any or all of the following:


Debra Anderson, Affirmative Action Coordinator

M.S.A.D. No. 75

50 Republic Avenue; Topsham, ME  04086

Telephone: (207) 729-9961


Maine Human Rights Commission

51 State House Station

Augusta, ME  04333-0051

Telephone: (207) 624-6050


U.S. Department of Education

Office of Civil Rights

John W. McCormack Post Office & Court House Building

Post Office Square

Boston, ME  02109

Telephone: (617) 223-9967


SCHOOL CEREMONIES AND OBSERVANCES HOLIDAY POLICY

FILE: IND


M.S.A.D. No. 75 schools reflect an increasingly diverse society with many religious, ethnic and cultural traditions and beliefs that are meaningful to the students and adults in our communities.


Holidays and traditions provide the opportunity for confirmation and hope to individuals and families, and provide rich opportunities for learning. It is the responsibility of the schools to create awareness of and increased sensitivity to our diverse society, in order to establish and maintain a comfortable climate for learning throughout the entire school year for all students and adults.


The M.S.A.D. No. 75 Board of Directors encourages all those involved in educating our children to be aware and knowledgeable of religious diversity and cultural differences. 


Religious holidays may be seen as opportunities to teach about religion, history, and culture. The celebration of religious holidays in the classroom or school-wide is not appropriate. The exploration of religious holiday practice must take into account the existence of religious diversity in our society at large and should not be limited to one time of the year.


The study of religious holidays should serve academic goals, as outlined in the District Learning Results, of educating students about family traditions and their relationship to culture, cultural differences and similarities, as well as about the beliefs and practices of various religions. Holiday symbols may be used within this educational context. They should not be used as decorations. This does not apply to personal choices about dress. Careful consideration should be given of holiday symbols that may be regarded by some as secular and by others as religious.


Guidelines:


  • This policy does not apply to student or District employee dress. Established dress codes remain in effect at all times.
  • This policy does not limit any private conversations regarding religious matters. Educational programs and activities are in no way affected by this policy.
  • This does not apply to the selling of holiday materials as fundraisers as long as it is not excessive. Fundraisers need to be sensitive to the religious affiliations of those who might sell the items and those who might purchase them.
  • This policy applies to all District-owned and leased buildings with the exception of spaces leased by third parties not affiliated with or funded by the District.
  • The M.S.A.D. No. 75 policy on Sacred Music supports student performances of sacred music as long as its purpose is secular, educational, neither enhances nor inhibits religion, and involves no “entanglement” with religious organizations. This policy should not be interpreted as inhibiting the performance of sacred music at school performances. Rather, it should be viewed as describing the context in which it is performed.
  • Further clarification of this policy can be found on the District website under “Frequently Asked Questions.”


Procedures:


  1. All new teachers and staff will be informed of the policy at the outset of employment.
  2. The policy will be placed in its entirety (including the Frequently Asked Questions) in the M.S.A.D. No. 75 Employee Handbook. Employees are required to sign the handbook to confirm that it has been read.
  3. At the outset of the year, the calendar of major religious holiday dates will be distributed to all employees as well as the policy in its entirety.
  4. Employees will be reminded of the policy in November, prior to the holiday season.
  5. School leaders will ensure that faculty and staff know how to respond appropriately to student or parent questions regarding the policy, emphasizing that the policy does not restrict First Amendment rights regarding speech or dress and that it places religious holidays inside an educational context.


STUDENT ATTENDANCE/STUDENT ABSENCES AND TARDINESS

FILE: JEAA


Regular school attendance is essential to academic success. Because the process of education depends upon exposure to subject matter, continuity of instruction and class participation, absence from class is detrimental to student learning. The interaction of students with the teacher and with other students contributes to mastery of content, critical thinking, and development of effective communication and social skills.


Responsibility for maintaining student attendance is a shared responsibility.


  1. Except for excused absences, students are expected to attend school every day, arrive at school and to each class on time, and remain in school for the full day.
  2. Parents are expected to ensure that their children arrive at school each day on time, remain in school for the full day, and attend school consistently throughout the year.
  3. Schools will maintain a comprehensive attendance record for each student. School staff are expected to monitor attendance and communicate with parents and students regarding attendance and tardiness.


The Superintendent, in consultation with school administrators and, as appropriate, other school unit staff, shall be responsible for developing rules and procedures related to student attendance. Such rules and procedures will include provisions for:


  1. Disciplinary consequences for unexcused absences, tardiness, early departures and absences from classes; 
  2. The potential academic consequences of excessive absenteeism; and
  3. The making up of tests, quizzes and other work missed during excused and unexcused absences.


The Board’s policy and the schools’ attendance rules and procedures will be communicated to students, parents, administrators and staff by means of student and staff handbooks, student and parent orientations and/or other means as deemed effective and appropriate. The potential disciplinary consequences for unexcused absences from school or class and for unexcused tardiness and early departures will be included in the school code of conduct.


STUDENT COMPUTER AND INTERNET USE

FILE: IJNDB


M.S.A.D. No. 75 computers, networks, and Internet access are provided to support the educational mission of the schools and to enhance the curriculum and learning opportunities for students and school staff. This policy and the accompanying rules also apply to laptops issued directly to students, whether in use at school or off school premises.


Compliance with the District’s policies and rules concerning computer use is mandatory. Students who violate these policies and rules may have their computer privileges limited, suspended or revoked. Such violations may also result in disciplinary action, referral to law enforcement and/or legal action.


M.S.A.D. No. 75 computers remain under the control, custody, and supervision of the District at all times. The District monitors all computer and Internet activity by students. Students have no expectation of privacy in their use of school computers, whether they are used on school property or elsewhere.


INTERNET SAFETY


M.S.A.D. No. 75 utilizes filtering technology designed to block materials that are obscene or harmful to minors, and child pornography. M.S.A.D. No. 75 takes precautions to supervise student use of the Internet, but parents should be aware that M.S.A.D. No. 75 cannot reasonably prevent all instances of inappropriate computer use by students in violation of Board policies and rules, including access to objectionable materials and communications with persons outside of the school. The District is not responsible for the accuracy or quality of information that students obtain through the Internet.


In the interest of student Internet safety, M.S.A.D. No. 75 also educates students and parents about online behavior, including interacting with other people on social networking sites and in chat rooms, the dangers of engaging in “hacking” and other unlawful online activities, and issues surrounding “sexting” and cyberbullying awareness and response.


The Superintendent/designee shall be responsible for integrating age-appropriate Internet safety training and “digital citizenship” into the curriculum and for documentation of Internet safety training.


IMPLEMENTATION OF POLICY AND “ACCEPTABLE USE” RULES


Students and parents shall be informed of this policy and the accompanying rules through handbooks, the school web site and/or other means selected by the Superintendent.


The Superintendent is responsible for implementing this policy and the accompanying rules. Additional administrative procedures or school rules governing the day-to-day management and operations of the District’s computer system may be implemented, consistent with Board policies and rules. The Superintendent may delegate specific responsibilities to the Technology Coordinator and others as he/she deems appropriate.


STUDENT COMPUTER AND INTERNET USE RULES

FILE: IJNDB-R


Each student is responsible for his/her actions and activities involving the District’s computers, networks, and Internet services, and for his/her computer files, passwords, and accounts. These rules provide general guidance concerning the use of the District’s computers and examples of prohibited uses. These rules do not attempt to describe every possible prohibited activity by students. Students, parents, and school staff who have questions about whether a particular activity is prohibited are encouraged to contact a building administrator or the Technology Coordinator.


  1. Consequences for Violation of Computer Use Policy and Rules


Student use of the District’s computers, networks, and Internet services is a privilege, not a right. Compliance with the District’s policies and rules concerning computer use is mandatory. Students who violate these policies and rules may have their computer privileges limited, suspended, or revoked. Such violations may also result in disciplinary action, referral to law enforcement, and/or legal action.


The building principal shall have the final authority to decide whether a student’s privileges will be limited, suspended, or revoked based on upon the circumstances of the particular case, the student’s prior disciplinary record, or any other pertinent factors.


  1. Acceptable Use


The District’s computers, networks, and Internet services are provided for educational purposes and research consistent with the District’s educational mission, curriculum, and instructional goals.


All board policies, school rules, and expectations concerning student conduct and communications apply when students are using computers. Students are also expected to comply with all specific instructions from teachers and other school staff or volunteers when using the District’s computers.


  1. Prohibited Uses


Examples of unacceptable uses of the District’s computers that are expressly prohibited include, but are not limited to, the following:

  1. Accessing Inappropriate Materials: Accessing, submitting, posting, publishing, forwarding, downloading, scanning, or displaying defamatory, abusive, obscene, vulgar, sexually explicit, sexually suggestive, threatening, discriminatory, harassing, and/or illegal materials.
  2. Illegal Activities: Using the District’s computers, networks, and Internet services for any illegal activity or in violation of any Board policy or school rules. The District assumes no responsibility for illegal activities of students while using school computers.
  3. Violating Copyrights: Copying, downloading, or sharing any type of copyrighted materials (including music or films) without the owner’s permission. The District assumes no responsibility for copyright violations by students.
  4. Copying Software: Copying or downloading software without the express authorization of the Technology Coordinator. Unauthorized copying of software is illegal and may subject the copier to substantial civil and criminal penalties. The District assumes no responsibility for illegal software copying by students.
  5. Plagiarism: Representing as one’s own work any materials obtained on the Internet (such as term papers, articles, music, etc.). When Internet sources are used in student work, the author, publisher, and web site must be identified.
  6. Non-School Related Uses: Using the District’s computers, networks, and Internet services for non-school-related purposes such as private financial gain; commercial, advertising, or solicitation purposes; or any other personal use not connected with the educational program or assignments.
  7. Misuse of Passwords/Unauthorized Access: Sharing passwords, using other users’ passwords, and accessing or using other users’ accounts.
  8. Malicious Use/Vandalism: Any malicious use, disruption, or harm to the District’s computers, networks, and Internet services, including but not limited to hacking activities and creation/uploading of computer viruses.
  9. Unauthorized Access to Blogs/Chat Rooms: Access chat rooms or news groups without specific authorization from the supervising teacher.


  1. No Expectation of Privacy


M.S.A.D. No. 75 computers remain under the control, custody, and supervision of the District at all times. Students have no expectation of privacy in their use of school computers, including email, stored files, and Internet access logs.


  1. Compensation for Losses, Costs, and/or Damages


The student and his/her parents are responsible for compensating the District for any losses, costs, or damages incurred by M.S.A.D. No. 75 for violations of Board policies and school rules while the student is using the District’s computers, including the cost of investigating such violations. M.S.A.D. No. 75 assumes no responsibility for any unauthorized charges or costs incurred by a student while using the District’s computers.


  1. Student Security


A student is not allowed to reveal his/her full name, address, telephone number, Social Security number, or other personal information on the Internet without prior permission from a teacher. Students should never agree to meet people they have contacted through the Internet without parental permission. Students should inform their teacher if they access information or messages that are dangerous, inappropriate, or make them uncomfortable in any way.


  1. System Security


The security of the District’s computers, networks, and Internet services is a high priority. Any student who identifies a security problem must notify his/her teacher immediately. The student shall not demonstrate the problem to others or access unauthorized material. Any user who attempts to breach system security, causes a breach of system security, or fails to report a system security problem shall be subject to disciplinary and/or legal action in addition to having his/her computer privileges limited, suspended, or revoked.


  1. Additional Rules for Laptops Issued to Students Beyond MLTI


  1. Laptops are lent to students as an educational tool and are only authorized for use in completing school assignments.
  2. Before a laptop is issued to a student, the student and/or his/her parent must acknowledge the school’s lending policy.
  3. Students are responsible for the proper care of laptops at all times, whether on or off school property, including costs associated with repairing or replacing the laptop. M.S.A.D. No. 75 offers an insurance program for parents to cover replacement costs and/or repair costs for damages not covered by the laptop warranty.
  4. If a laptop is lost or stolen, this must be reported to the Technology Coordinator immediately. If a laptop is stolen, a report should be made to the local police and the Technology Coordinator immediately.
  5. The Board’s policy and rules concerning computer and Internet use apply to use of laptops at any time or place, on or off school property. Students are responsible for obeying any additional rules concerning care of laptops issued by school staff.
  6. Violation of policies or rules governing the use of computers, or any careless use of a laptop may result in the loss of laptop lending privileges and/or a student only being allowed to use the laptop under the direct supervision of school staff. The student will also be subject to disciplinary action for any violations of Board policies or school rules.
  7. Parents are responsible for supervising their child’s use of the laptop and Internet access when in use at home.
  8. The laptop may only be used by the student to whom it has been lent.
  9. Laptops must be returned in acceptable working order. 


STUDENT/PARENT FUNDRAISING ACTIVITIES

FILE: JJE


The Board recognizes that it is responsible for providing through the budget process the resources necessary to support the instructional program of each school. However, the Board acknowledges that student or parent organizations may wish to engage in fundraising in order to support and enrich the instructional program, to provide activities, to fund social events and/or student travel, to benefit the school or community, or for humanitarian purposes.


The specific guidelines for fundraising, along with the complete policy, can be found at the District’s website.


STUDENT PROTECTION FROM BULLYING

FILE: JICK


M.S.A.D. No. 75 is committed to providing a safe, orderly, and respectful school environment that is conducive to teaching and learning, where every student is entitled to respect from all other members of the school community. The District also believes that promoting ethical and responsible behavior is an essential component of its mission to develop “critical thinkers and creative contributors to our society.” Consequently, the District seeks to prevent and prohibit harassing and bullying behaviors. At the same time M.S.A.D. No. 75 wishes to encourage the free expression of ideas and student engagement in civil debate. Such activities may include the expression of ideas that offend the sensibilities of others. However, the District does not condone and will take action in response to conduct that interferes with a student’s opportunity to learn, the educational mission and operation of the schools, or a safe and respectful school environment. Thus, all District staff have a responsibility to set and enforce rules for civility, courtesy, and responsible behavior. This policy applies to bullying that takes place at school, or on school grounds, at school sponsored activities, or while being transported to and from school or such activities. It applies also to bullying that occurs at any other time or place that substantially disrupts instruction, school operations, or the welfare of students.


Bullying, as defined by this policy, means any physical act or gesture, or any verbal, written, or electronically-communicated expression that a responsible person should expect would (1) physically harm a student or damage a student’s property, (2) place a student in reasonable fear of physical harm or damage to his/her property, or (3) substantially disrupt the instructional program or the orderly operations of the school. Such behaviors are so severe, persistent, or pervasive that they create a hostile, intimidating educational environment for the student who is bullied.


Bullying and harassment are similar behaviors. The District’s harassment policy prohibits behaviors of intimidation, ridicule, and hostility based upon an individual’s race, gender, color, ancestry or national origin, marital status, handicap, sexual orientation, religion, or other personal characteristics. (See policy ACAA.) This bullying policy addresses similar behaviors that do not necessarily arise from a discrimination based on these factors.


Examples of conduct that may constitute bullying include but are not limited to:


  1. Physical contact or injury to another person or his/her property;
  2. Threats of harm to a student, to his/her possessions, or to other individuals, whether transmitted verbally, in writing, or through cyberspace;
  3. Blackmail, extortion, demands for protection money, or involuntary loans or donations; 
  4. Non-verbal threats and/or intimidations such as use of aggressive or menacing gestures; 
  5. Stalking;
  6. Blocking access to school property or facilities;
  7. Stealing or hiding books, backpacks, or other possessions;
  8. Repeated (frequency) or pervasive (intensity) taunting, teasing, name-calling, belittling, mocking, put-downs, or demeaning humor relating to a student’s race, color, ethnicity, gender, sexual orientation, ancestry, religion, disability, or other personal characteristics whether perceived or real) that could reasonably be expected to result in disruption of the instructional program or operations of the schools, or that results in a hostile educational environment for the student.


Communication


Notice of what constitutes bullying, discrimination, and harassment, the Board’s prohibition of these behaviors, reporting procedures, and the consequences for students shall be communicated to students, parents, and staff through the student code of conduct, and student and staff handbooks. For questions concerning this policy, see BFC-Policy on Policies.


Prevention Education


Each school within M.S.A.D. No. 75 will develop a comprehensive school plan that includes: 

  1. Alignment of the plan with the school vision and mission
  2. A school assessment of climate, culture, and behavior
  3. Staff training and technical assistance
  4. Educational curriculum and environmental supports that reflect current best practice recommendations
  5. Annual evaluation

Reporting


Any member of the school community (student or staff) who believes he/she is being bullied, discriminated against or harassed should report this concern promptly. Students who observe incidents of bullying are encouraged to report them to school personnel. Parents or guardians whose children report complaints to them of being bullied, harassed, or discriminated against at school should contact a school administrator. School staff will report possible incidents to administration. Acts of reprisal or retaliation against any person who reports an incident of bullying or harassment, or discrimination are prohibited and subject to disciplinary action, up to and including expulsion or dismissal.


In cases of alleged discrimination, harassment or sexual harassment, or extreme bullying, school administration will promptly inform the Superintendent of schools and the person(s) who is the subject of the complaint that the complaint has been received. The first level of resolution is at the school, where the complaint can be resolved through an agreement of the parties involved. This resolution is subject to the approval of the Superintendent who shall consider whether it is in the best interest of the parties and the school based on the particular circumstances and applicable policies and laws.


The Superintendent may choose to investigate the complaint or assign another investigator in his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the School Board, who should consult with legal counsel concerning the handling and investigation of the complaint.


Students who feel that they are being harassed or discriminated against also have the right to report complaints to the Maine Human Rights Commission, 51 State House Station, Augusta, ME  04333 (207-624-6050) and/or the Federal Office for Civil Rights, U.S. Department of Education, SW McCormack POCH Room 222, Boston, MA  02109-4557 (617-223-9622).


Response and Complaint Procedure


In determining the appropriate response to bullying, harassment, and discrimination, administration should consider the ages and maturity of the students involved, the types of behaviors and their context, and other relevant circumstances. The response to reported incidents may range from positive behavioral interventions to disciplinary actions up to and including suspension, expulsion, and/or reports to Law Enforcement officials.


For purposes of this procedure:


  1. “Complaint” is defined as an allegation that a student has been bullied, discriminated against, or harassed or sexually harassed. “Discrimination” or “harassment” means these acts were committed on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability.


  1. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
  2. If the complaint is against an employee of the school unit, any applicable individual or collective bargaining contract provisions shall be followed. 
  3. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
  4. The administrator or designee serving as investigator shall keep a written record of the investigation process.
  5. School and District administration may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending.
  6. School administration shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
  7. The investigation shall be completed within 21 business days of receiving the complaint, if practicable.


  1. If the school administration or designee determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:


  1. Determine what remedial action is required, if any; 
  2. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and
  3. Inform the student who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).


  1. If the student’s parents/legal guardians are dissatisfied with the resolution, an appeal may be made in writing to the Superintendent within 14 business days after receiving notice of the resolution. The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate.


  1. If the student’s parents/legal guardians are dissatisfied with the decision of the Superintendent in cases where continued enrollment in school is in jeopardy as a result of the resolution, an appeal may be submitted in writing within 14 business days after receiving notice of the decision. The Board will consider the appeal in executive session, to the extent permitted by Law, at its next regular meeting or special meeting. The Superintendent shall submit the investigation report and any other witnesses or documents that he/she believes will be helpful to the Board. The student, his/her parents/legal guardians and his/her representatives shall be allowed to be heard. The person(s) against whom the complaint was made shall be invited and allowed to be heard. The Board’s decision shall be final. 


  1. Intervention


Assessment of Needs: Students who are involved in unacceptable behavior, both those doing the behavior and those receiving the actions, will be assessed by school administrators to determine if referral to school counseling is appropriate.


Based on the results of student assessment(s), students will be connected with available school services and programs or referred to community resources. School resources include but are not limited to: Student Assistance Teams; school counseling for youth who are in need; interventions for youth who are in need, such as Restorative Practices.


STUDENT PROTECTION FROM HARASSMENT

FILE: JFA


The M.S.A.D. No. 75 Board of Directors believes that every student is entitled to respect, as an individual, from all other members of the school community. In support of this belief, the Board of Directors recognizes the right of each student to learn and to participate in an environment free of intimidation, ridicule, and hostility, as provided under State and federal law and District policy.


In support of this right, M.S.A.D. No. 75 prohibits harassment or ridicule of students based upon race, color, sex, sexual orientation, religion, age, national origin, or handicap.


All students should be advised that they may contact any employee of the School District to report instances of harassment or ridicule. Students should also be advised of the importance of informing the harasser that his/her behavior is unacceptable.


A staff member who is informed of an instance of possible harassment shall contact the principal of the school as quickly as possible. The principal shall notify the Superintendent and immediately undertake an investigation of the matter and take (interim) action as may be required.


STUDENT PROTECTION FROM HARASSMENT AND SEXUAL HARASSMENT

FILE: ACAA


M.S.A.D. No. 75 is committed to providing a safe, orderly, and respectful school environment that is conducive to teaching and learning where every student is entitled to respect, as an individual, from all other members of the school community. The District also believes that promoting ethical and responsible behavior is an essential component of its mission to develop “critical thinkers and creative contributors to our society.” Consequently, the District seeks to prevent and prohibit harassing behaviors. Harassment or ridicule of students because of race, color, sex, sexual orientation, religion, ancestry or national origin, or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. 


Harassment


Harassment includes but is not limited to verbal abuse based on race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery, and/or abuse is also addressed in board policies JICK and JICIA.


Sexual Harassment


Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student’s education. School employees, fellow students, volunteers, and visitors to the school, and other persons with whom the students may interact in order to pursue school activities are required to refrain from such conduct.


Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge. Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.


The Superintendent or his/her designee will investigate complaints of harassment in accordance with the District Complaint procedure as articulated in Student Protection from Bullying JICK. This procedure has been adopted by the Board in order to provide a method of prompt and equitable resolution of student complaints of bullying, discrimination, or harassment as described in policies JB Affirmative Action, JICIA Weapons, Violence, and School Safety, JICK Student Protection from Bullying, and ACAA Harassment and Sexual Harassment of Students.


School employees, students, and parents, shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration.


STUDENT SEARCHES

FILE: JFG


The Board recognizes its responsibility to ensure that discipline is maintained in the schools and that a safe, orderly environment conducive to the educational process is preserved. Therefore, school officials may conduct reasonable searches of students and their possessions, when in their judgment, there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating either the Law or the policies or regulations of the school. The search must be reasonably related in scope to the circumstances which precipitated the search, and the school official conducting the search shall take into account the age and sex of the student and the nature of the alleged infraction.


Lockers and other storage facilities on school premises are school property and shall remain at all times under the control, custody, authority and supervision of the school authorities. Students will have prior notice that lockers and other storage facilities made available to them for temporary storage of their personal possessions remain under the control and ownership of school administration and that the school administration has the right to search lockers, desks and other storage facilities for items which violate Law, school policies or regulations. Students will be asked to sign a statement acknowledging their understanding of this. Such searches may be conducted as part of a program of random searches or when reasonable grounds exist to suspect that the search will reveal evidence that the student has violated or is violating the Law or the policies and rules of the school. Searches in response to reasonable grounds may be conducted by school officials as a result of a patrol of school premises by dogs trained to detect drugs or weapons. Only the Superintendent may determine when a canine patrol and any resulting search may be conducted.


ADMINISTRATIVE PROCEDURE: STUDENT SEARCHES


The following protocol will be observed when conducting searches of students:


  1. When the school official has reasonable suspicion that a student has possession of any items which violate Law, school policies or regulations, he/she will call the student to a private location, if practical, and in the presence of a second staff member, inform the student that there is reason to believe that he/she is in possession of such items.
  2. During any search of a student’s person, the Principal and/or Assistant or designee will be present along with one other adult employee of the school, who will be of the same gender as the student being searched; and such search will be conducted in an appropriate private area, if practical. 
  3. During any search of property belonging to the student, the school official shall ask the student to open and fully reveal the contents of any container, compartment, bag or other item. If the student refuses to open the item or fully reveal its contents, the school official shall open and search the item to reveal its contents.
  4. Any items which are illegal, prohibited by school policies or regulations, or which in the reasonable judgment of school officials, represent a threat to the safety and welfare of the school population may be seized by school authorities.
  5. The seizure or confiscation of items located in a locker shall be accompanied in the following manner:
  • Each item seized must be identified in a written receipt issued to the student.
  • If items are found which are illegal, the police shall be called and such items will be turned over to the police. Such other items which are seized shall be secured in a locked desk, cabinet, vault, or office.
  • The Principal or his/her designee shall prepare a report indicating the time and place of the search, who was present at the search, what items were seized as a result of the search, and the disposition of such items.
  • A copy of this report shall be given to the student, the student’s parent/guardian and the Superintendent, no later than the next school day following the search. In complying with this section as regards notification to the student’s parents/guardian, it shall be sufficient that the parent/guardian shall be orally notified of the search on the day it is conducted, and a copy of the report is mailed by the end of the next school day.


If a school official has reason to believe that a student is under the influence of alcohol or any illegal drug, the official may require the student, in addition to any other steps which are authorized by this policy, to submit to a non-intrusive testing protocol conducted by the school nurse or other certified school personnel.


A more expansive search of the student’s person is permissible in emergency situations when the health and safety of the students, employees, or visitors on the school premises are threatened. Such a search should be conducted in private by a school official of the same sex, with an adult of the same sex present, unless the health or safety of students will be endangered by the delay which may be caused by these procedures.


For more information on the procedures utilized during canine searches and searches of student lockers, please see the District’s website to view the policy in its entirety. 


STUDENT SURVEYS AND MARKETING INFORMATION

FILE: ILD


From time to time, M.S.A.D. No. 75 may administer surveys to students in the course of developing and evaluating programs and services offered in the schools. The District will comply with the federal Protection of Pupil Rights Act and applicable regulations concerning the administration of surveys and the use of personal information about students for marketing purposes as outlined in this policy.


PARENTAL CONSENT TO SURVEYS


No student shall be required to participate in a survey receiving funding under U.S. Department of Education programs that reveals the following information without prior notice to and written consent of parents and guardians:

  • Political affiliations or beliefs of the student or student’s parents;
  • Mental or psychological problems of student or student’s family
  • Sex behavior or attitudes;
  • Illegal, anti-social, self-incriminating, or demeaning behavior;
  • Critical appraisals of other individuals with whom respondents have close family relationships;
  • Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
  • Religious practices, affiliations or beliefs of the student or the student’s parents, or 
  • Income (other than that required by Law to determine eligibility for participating in a program or for receiving financial assistance under such a program).

In cases of surveys not funded under the U.S. Department of Education programs, parent’s/guardians will receive prior notice of the survey and their right to opt-out. Parents/guardians may request that their child not participate in a particular survey by submitting a written request to the Superintendent or other appropriate administrator within 14 days of receiving notice.


NOTICE TO PARENTS REGARDING SURVEYS


Parents/guardians will be provided with a copy of this policy at the beginning of each school year, and within a reasonable time if substantive changes are made to the policy by the Board. If actual or expected dates of surveys have been scheduled when the policy is distributed, parents/guardians of affected students will be notified at that time. If surveys are scheduled after the start of the school year, parents/guardians will be provided with reasonable notice before the survey is administered.


PROCEDURE FOR INSPECTION OF SURVEYS/INSTRUCTIONAL MATERIALS


Parents and guardians have the right to inspect any survey or related instructional material created by a third party before it is distributed or administered to students. Parents may also want to inspect any instructional materials, including teacher manuals, films, tapes, or other supplementary material, which will be used in connection with any survey.


Parents/guardians may request to inspect surveys or related instructional material by submitting a request in writing to the Superintendent of Schools or other appropriate administrator within fourteen (14) days of arrangements for the parent/guardian to inspect the survey and/or materials within a reasonable time prior to the scheduled date for the survey.


USE OF STUDENT PERSONAL INFORMATION FOR MARKETING PURPOSES


M.S.A.D. No. 75 does not collect, use or disseminate personal information about students for marketing or commercial purposes. This policy does not prevent the collection, use or dissemination of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for or to students or schools (including but not limited to tests and assessments, sale by students or products or services to raise funds for school-related purposes, student recognition programs and book clubs or magazines.)


USE OF PHYSICAL RESTRAINT AND SECLUSION

FILE: JKAA


The board has adopted this policy and the accompanying procedures to implement the standards for use of physical restraint and seclusion with students, as required by State Law and regulations, and to support a safe school environment. Physical restraint and seclusion, as defined by this policy, may only be used as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others.


The Superintendent has overall responsibility for implementing this policy and the accompanying procedure, but may delegate specific responsibilities as he/she deems appropriate.


  1. Definitions


The following definitions apply to this policy and procedure:

  1. Physical restraint: An intervention that restricts a student’s freedom of movement or normal access to his or her body, and includes physically moving a student who has not moved voluntarily.


Physical restraint does not include any of the following:

  1. Physical escort: A temporary touching or holding inducing a student to walk to another location, including assisting the student to the student’s feet in order to be escorted.
  2. Physical prompt: A teaching technique that involves physical contact with the student and that enables the student to learn or model the physical movement necessary for the development of the desired competency. 
  3. Physical contact: When the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact.
  4. A brief period of physical contact necessary to break up a fight.
  5. Momentarily deflecting the movement of a student when the student’s movements would be destructive, harmful or dangerous to the student or others.
  6. The use of seat belts, safety belts, or similar passenger restraints, when used as intended during the transportation of a child in a motor vehicle.
  7. The use of a medically prescribed harness, when used as intended; the use of protective equipment or devices that are part of a treatment plan prescribed by a licensed health care provider; or prescribed assistive devices when used as prescribed and supervised by qualified and trained individuals.
  8. Restraints used by law enforcement officers in the course of their professional duties are not subject to this policy/procedure or DOE Rule Chapter 33.
  9. DOE Rule Chapter 33 does not restrict or limit the protections available to school officials under 20-A M.R.S.A. § 4009, but those protections do not relieve school officials from complying with this policy/procedure. 
  1. Seclusion: The involuntary confinement of a student alone in a room or clearly defined area from which the student is physically prevented from leaving, with no other person in the room or area with the student.


Seclusion does not include:

  1. Timeout: An intervention where a student requests, or complies with an adult request, for a break.


II. Procedures for Implementing Physical Restraint and Seclusion


The requirements for implementing physical restraint and seclusion, as well as incident notes, documentation, and reporting are included in the accompanying procedure, JKAA-R.


III. Annual Notice of Policy/Procedure


M.S.A.D. No. 75 shall provide annual notice to parents/legal guardians of this policy/procedure by means determined by the Superintendent/designee.


IV. Training Requirements


  1. All school staff and contracted providers shall receive an annual overview of this policy/procedure.
  2. M.S.A.D. No. 75 will ensure that there are a sufficient number of administrators/designees, special education and other staff who maintain certification in a restraint and seclusion training program approved by the Maine Department of Education. A list of certified staff shall be updated annually and maintained in the Superintendent’s Office, in each school office and in the school unit’s Emergency Management Plan.


V. Parent/Legal Guardian Complaint Procedure


A parent/legal guardian who has a complaint concerning the implementation of this policy/procedure must submit it in writing to the Superintendent as soon as possible. The Superintendent/designee shall investigate the complaint and provide written findings to the parent/legal guardian within twenty (20) school days, if practicable.


A parent/legal guardian who is dissatisfied with the result of the local complaint process may file a complaint with the Maine Department of Education. The Department of Education will review the results of the local complaint process and may initiate its own investigation at its sole discretion. The Department shall issue a written report with specific findings to the parent/legal guardian and the school unit within 60 calendar days of receiving the complaint.






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