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Newton Public Schools Back to School Annual Training


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Title: Newton Public Schools Back to School Annual Training

Newton Public Schools Back to SchoolAnnual
  • September 2012

Training Topics to be Covered
  • Equal Education Civil Rights
  • Americans with Disabilities Act
  • Section 504 of the Rehabilitation Act of 1973
  • District Curriculum Accommodation Plan (DCAP)
  • Sexual Harassment Discrimination (Title IX
    Title VI)
  • An Act Relative to Bullying in Schools (M.G.L.
    Chapter 92)
  • Child Abuse Neglect Reporting Requirements
  • Physical Restraint Overview
  • Student Records and Confidentiality
  • Universal Precautions/Life Threatening Food
  • Technology Acceptable Use Policy
  • Drug Free Workplace Policy
  • NPS Professional Behavior Practices
  • Ethics and Tutoring/Testing Conflict of Interest
  • Field Trip Policy

Additional information on these policies and
procedures may be located in the First Class
Policies and Procedures folder
Newton Public Schools Anti-Discrimination
  • Newton Public Schools is committed to equal
    opportunity in education and employment
    practices. Newton Public Schools does not
    discriminate against individuals on the basis of
    race, color, sex, sexual orientation, gender
    identity, religion, disability, age, genetic
    information, active military/veteran status,
    ancestry, or national or ethnic origin in the
    administration of its educational policies,
    employment policies, and other administered
    programs and activities. Newton Public Schools
    requires all employees and students to conduct
    themselves in an appropriate manner with respect
    to their fellow employees, students, and all
    members of the school community.

Non-Discrimination Statement Continued
  • Since Newton Public Schools is committed to
    providing an environment that is free from
    discrimination and sexual harassment, it shall be
    a violation for any student, teacher, school
    personnel, or person on business with the Newton
    Public Schools to engage in sexual or
    bias-related harassment or to violate the civil
    rights of any student, teacher, or other school
    personnel. Newton Public Schools will act to
    investigate all complaints, formal or informal,
    of sexual or bias-related harassment or
    violations of civil rights and will take the
    appropriate action against any student, teacher,
    or school personnel, or person on business with
    the Newton Public Schools who is found in
    violation of this statement.

Americans with Disabilities Act (ADA)
  • A disability is defined as
  • A person who has a physical or mental impairment
    that substantially limits one or more major life
  • Has a record of such an impairment
  • Is regarded as having such impairment
  • Prohibits private employers, state, and local
    governments, and labor unions from discriminating
    against students and qualified individuals with
  • For more information go to
  • http//
  • http//

Accommodations under ADA
  • For Students For benefits or services provided
    to be "equally effective," they must afford
    students with disabilities an equal opportunity
    to obtain the same result, gain the same benefit,
    or reach the same level of achievement as other
  • For Employees A reasonable accommodation is one
    that would allow the person to perform the
    essential functions of their position with the

Section 504 of the Rehabilitation Act
  • A 504 Accommodation Plan may be written for
    eligible students who meet the above criteria. A
    504 Accommodation Plan is developed to provide
    access to general education and school
    activities. A 504 Accommodation Plan is a
    legally binding document. Decisions of
    accommodations should be made through a Team

Special Education IDEA 2004Individuals with
Disabilities Education Act (Federal Law)603 CMR
28.00 (MA Regulations)
  • Provides special education services to children,
    ages 3- 22, who are found eligible due to an
    educational disability that affects their ability
    to make effective progress without specialized
    instruction and/or related services.
  • Entitles eligible students with disabilities to a
    free and appropriate public education (FAPE) in
    the Least Restrictive Environment (LRE).
  • Each student in special education has an
    Individualized Educational Program (IEP) that is
    a legally binding contract between the families
    and the school district.
  • All decisions are made by the students Team that
    includes special and general education teachers,
    service providers, and parents. Students are
    invited to participate in the Team process
    beginning at age 14.

District Curriculum Accommodation PlanDCAP
  • Each school district is required to have on
    record a District Curriculum Accommodation Plan
    (DCAP). (M.G.L. Chapter 71, Section 38P) It is
    located at the Education Center through the
    Student Services or Teaching and Learning
  • This written plan shall assist Principals in
    ensuring that appropriate support is available
    for students and teachers. Instructional support
    shall include remedial instruction for students,
    consultative services for teachers, availability
    of reading instruction at the elementary level,
    appropriate services for linguistic minority
    students, and other services consistent with
    educational practices and the requirements of
    M.G.L. c. 71B section 2.
  • Efforts regarding accommodations and
    interventions for students and their results
    shall be documented and placed in the students
    record and provided to the building Special
    Education Team if the student is referred for a
    special education evaluation.

Title IX Sex Discrimination or Sexual Harassment
  • Sex Discrimination exclusion or denial of
    participation of benefits on the basis of sex.
  • Sexual Harassment any sexual advances, request
    for sexual favors and other verbal or physical
    conduct of a sexual nature when
  • Submission is either explicitly or implicitly a
    term of condition of employment or academic
  • Submission to or rejection of such conduct by a
    person is the basis for an employment decision of
    an academic decision affecting the person
  • Such conduct substantially interferes with a
    persons work or academic performance or creates
    and intimidating, hostile, or offensive working
    or learning environment
  • Sexual Harassment is a form of sex discrimination
    and unlawful.

Types of Sexual Harassment
  • Verbal Harassment
  • Sexual innuendo or other suggestive
  • comment, humor or jokes about sex
  • or gender-specific traits, offensive
  • written notes, sexual propositions,
  • insults, threats, inquiries into ones
  • sexual experiences, sexual comments
  • about a persons body and/or
  • discussion of ones sexual activities.
  • Nonverbal Harassment
  • Written notes or photographs of a
  • sexual nature, whistling, making
  • suggestive or insulting sounds and/or
  • gestures, exhibiting suggestive
  • posters, displaying suggestive reading
  • materials, obscene sexual noises,
  • and/or rude comments about a
  • persons gender or sexual preference

Liability for Harassment
  • You may be personally liable for sexual
    harassment issues between students of staff and
    students, if any school employee
  • has actual knowledge of the issue
  • has the ability or authority to correct the issue
  • responds with deliberate indifference
  • All harassment must be reported to the Principal
    or administrator as soon as it is observed or
    notification is received.
  • Be sure to document date, time, and specifics of
    complaint and the actions you have taken.

Civil Rights Complaints/Grievances
  • The Director of Human Resources is designated as
    the District Title IX, Title VI, ADA, Sexual
    Harassment Coordinator, and Grievance Officer.
    Inquiries concerning the Newton Public Schools
    policies, compliance with applicable laws,
    statutes, and regulations, and complaints may be
    directed to the Director of Human Resources.
  • The Assistant Superintendent for Student Services
    is the District 504 and Student Civil Rights
    Coordinator, both offices may be contacted at
    (617) 559-6000 or 100 Walnut St., Newton, MA
    02460. Inquiries about the laws and about
    compliance may also be directed to the
    Massachusetts Department of Elementary or
    Secondary Education or the Assistant Secretary
    for Civil Rights, US Department of Education.

An Act Relative to Bullying in Schools
  • In May 2010, the Governor signed Chapter 92 of
    the Acts of 2010 into law which addresses
    Bullying in Schools
  • The law requires all schools and school systems
    to develop and implement a Bullying Prevention
    and Intervention Plan
  • The plan was developed and implemented in
    December 2010. Newton School Committee Policy

Definitions from An Act Relative to Bullying in
  • Bullying the repeated use by one or more
    students of a written, verbal, or electronic
    expression or a physical act or gesture or any
    combination thereof, directed at a target that
  • Causes physical or emotional harm to the target
    or damage to the targets property
  • Places the target in reasonable fear of harm to
    himself or of damage to his property
  • Creates a hostile environment at school for the
  • Infringes on the rights of the target at school
  • Materially and substantially disrupts the
    education process or the orderly operation of a

Definitions from An Act Relative to Bullying in
  • Cyberbullying bullying through the use of
    technology or electronic devices such as
    telephones, cell phones, computers, and the
    internet. It includes, but is not limited to,
    voice mail messages, e-mail, instant messages,
    text messages, and internet postings (social
    networking sites, web pages, etc.). In
    addition, it includes the creation of a web page
    or blog in which the creator assumes the identity
    of another person or the knowing impersonation of
    another as the author of posted content or
    messages, if the creation or impersonation
    creates any of the conditions enumerated in the
    definition of bullying. 

The Bullying Prevention Intervention Plan
  • Requires ongoing professional development
    relative to
  • Developmentally appropriate strategies to prevent
    bullying and for immediate, effective
    interventions to stop bullying incidents
  • Information on the complex interaction and power
    differential that can take place between and
    among aggressor, target, and witnesses to
  • Information on research finding on bullying and
    specific categories of students who have been
    show to be at particular risk for bullying in the
    school environment
  • Information on the incidence and nature of
    cyberbullying and
  • Internet Safety Issues as they relate to

The Bullying Prevention Intervention Plan
  • Requires annual training for all school staff on
    the plan including
  • Staff duties under the plan
  • The steps that administrators will take upon
    receipt of a report of bullying or retaliation
  • An overview of the bullying prevention curricula
    to be offered at all grades throughout the
  • Written notice of the Bullying Plan is located on
    First Class.

The Bullying Prevention Intervention Plan
  • Requires policies and procedures for
  • Reporting bullying of retaliation by staff,
    students, parents/guardians, or other witnesses
  • Responding to a report of bullying or retaliation
  • Notifying parents/guardians, other schools, and
    law enforcement
  • Investigation of reports, including
    determinations and responses
  • The law requires that whenever the evaluation of
    the IEP Team indicates that a child is on the
    autism spectrum, has a disability that affects
    social skill development, or that the child is
    vulnerable to bullying, harassment, or teasing,
    the IEP shall address the skills and
    proficiencies needed to avoid and respond to
    bullying, harassment, or teasing.

Child Abuse/Neglect Reporting Procedures
  • The Mandatory Reporting of Child Abuse Act
    Chapter 119, Section 51A, requires that school
    personnel report to the Department of Children
    and Families (DCF) whenever there is reasonable
    cause to believe that a child under the age of
    18 is suffering physical and/or emotional injury
    from abuse and/or neglect.
  • All reports are held in strict confidence and no
    person required to report shall be held liable in
    any civil or criminal action.

NPS Guidelines for 51A Reporting
  • Any mandated reporter should inform the Principal
    or Administrator if there is suspicion of abuse
    and/or neglect.
  • Prior to the end of the school day, the Principal
    will convene a meeting with the child abuse team
    to determine if there is reasonable cause to
    believe a reportable condition exists.
  • The Child Abuse team consists of the Principal,
    nurse, psychologist and/or counselor, classroom
    teacher, and other staff as appropriate. If the
    student under consideration is a METCO student,
    the METCO Director must be part of the Team.
  • If the Team agrees that a reportable condition
    exists, the Principal will notify DCF by
    telephone and follow up with filing the written
    report within 48 hours. The Director of Student
    Services will be notified immediately of the
    report. A copy of the written report will be
    forwarded to the Student Services Department.

NPS Guidelines for 51A Reporting
  • If there is no reasonable cause to believe the
    child has suffered from abuse/neglect, no report
    is made. The Principal may call DCF for
    consultation. When there is disagreement among
    the Team, the Director of Student Services will
    make the final decision about whether to file.
  • The Principal or Administrator will make the
    decision about how, when, and by whom the family,
    including the child, will be notified of a
    report. Notification is not required by law, but
    it is Newton Public Schools policy to notify
    parents in advance of the family being contacted
    by DCF.
  • If a staff member believes a filing should be
    made, that person, as a mandated reporter, may
    file independently of the school district. DCF
    should be made aware that this filing is made
    individually rather than by the school district.

Student Physical Restraint
  • 603 CMR 46.00 - Regulations developed in April
    2001 pursuant to M.G.L. c. 69 1B and c. 71 37G
  • Regulations apply to all public education
    programs including school events and school
    sponsored activities
  • Intent to provide appropriate responses to
    potentially dangerous circumstances and to
    eliminate or minimize negative consequences

Physical Restraint Continued
  • Only school personnel who have received in-depth
    training shall administer physical restraint.
  • Administration of physical restraint should
    always be witnessed by at least one person.
  • The Regulations do not prevent a teacher,
    employee, or agent of the District from using
    reasonable force to protect students, other
    persons or themselves from assault or imminent
    serious harm or from restraining students as
    otherwise provided in the Regulations.

Proper Administration of Physical Restraint
  • Administration of restraint shall discontinue as
    soon as possible
  • Use of physical restraint must be reported by
  • If restraint lasts more than 5 minutes
  • and/or
  • When there is any injury to student or staff
  • Following any restraint, a report must be made by
  • Verbally to principal immediately
  • Written report no later than the next school day
  • The Principal must maintain a record of all
    instances of physical restraint which shall be
    made available to DESE upon request.
  • Best practice Always inform parents of any
    restraint even when under 5 minutes.

Reporting Requirements for Extended Restraints
  • An extended restraint is one that lasts longer
    than 20 minutes
  • When injury or extended restraint
  • Report is sent to DESE within 5 school days (DESE
    provides the form to use see First Class
  • Copy of the record of all restraints administered
    within the 30 day period prior to reported
    restraint is sent to DESE

Student Records
  • 603 CMR 23.00 Student Records Regulations ensures
    parents and students rights of confidentiality,
    inspection, amendment, and destruction of student
  • These rights belong to the parents when the
    student is under age 14 and has not entered the
    9th grade. The rights are shared by the parents
    and student when the child is 14 -17 years of age
    or upon entering grade 9. At age 18, the rights
    belong to the student alone. For a student
    receiving special education services, the student
    can be their own guardian, share educational
    decision making with the parent, or the parent
    may be designated as the sole decision maker for
    the student.
  • The student record consists of the transcript and
    the temporary record, including all information
    in any form that is organized on the basis of the
    students name or in any manner that the student
    can be individually identified.

Student Records
  • The Principal shall be responsible for the
    privacy and security of all student records
    maintained by the school.
  • The Principal shall ensure that all records are
    kept physically secure and that all school
    personnel are educated as to the importance of
    information privacy and confidentiality.
  • Records cannot be destroyed without providing
    notice to parents and/or students age 14 and
  • A Log of Access shall be maintained in each
    childs record. The Log must indicate the name,
    position, date, part of record accessed, and
    purpose. The Log of Access does not apply to
    authorized school personnel, office clerical
    staff, or school nurses.

Student Records
  • Eligible students or parents shall have access to
    the student record.
  • No third party can have access to the record
    without specific, informed, written consent from
    the eligible student and/or parent.
  • With notice, directory information can be
  • A school may release records following a court
    order but must make reasonable efforts to inform
    parents prior to the release.
  • Records may be released to the Department of
    Children and Families (DCF) without parent
  • Federal, state, and local education officials may
    have access to student records as part of an
    audit, evaluation, or enforcement of law..

Student Records
  • Non-custodial refers to physical custody, not
  • A non-custodial parent may have access to the
    student record after a written request is
    submitted. The school must immediately notify
    the custodial parent of the request by certified
    and first class mail. The custodial parent has
    21 days to respond that the non-custodial parent
    cannot have access due to denial of legal
    custody, order of supervised or denied visits,
    restrictions under protective orders, or order of
    a probate and family court judge prohibiting the
    distribution of the record.
  • No response from the custodial parent allows
    release of records to the non-custodial parent
    with the following condition
  • All records provided to the non-custodial parent
    must have deleted information regarding the
    address, phone number (home and work of custodial
    parent), and must be marked to indicate that the
    records cannot be used for enrollment in another

Student Records
  • The term student record does not include notes,
    memory aids, and other similar information that
    is maintained in the personal files of the school
    employee and is not accessible or revealed to any
    other party.
  • Emails are considered part of the student record!
    Be vigilant about your communication what you
    say is part of the record once you press send!

Universal Precautions
  • Protect yourself and your students from blood
    borne pathogens.
  • Blood and any other body fluids need to be
    treated with caution.
  • Each school nurse will provide a full
    presentation on Emergency Health Protocols.
  • Please see your school nurse for additional
    information or guidance.

Life-Threatening Food Allergy Policy
  • It is the School Committees expectation that
    specific building-based guidelines/actions will
    take into account the health needs and well-being
    of all children without discrimination or
    isolation of any child.
  • GUIDELINES (Complete list located on First
  • To minimize the risk of exposure to food
    allergens that pose a threat to Newton students
    and to educate the Newton school community about
    life-threatening food allergies.
  • 1. Establish a building-based general Medical
    Emergency Plan and Life-Threatening Allergy
    Medical Emergency Plan. 
  • 2. Develop and implement an Individual Health
    Care Plan (IHCP) for all students with diagnosed
    life-threatening allergies, based on medical
  • 3. Implement annual life-threatening allergy and
    epi-pen training for all staff.
  • 4. Minimize the use of food during the school
  • Please see your school nurse for additional
    information or guidance.

Technology Acceptable Use Policy
  • Employees are to utilize school information
    technology only for purposes related to the
    schools and the performance of their jobs. School
    information technology shall be used in a manner
    consistent with Newton Public Schools'
    educational mission and which shows respect for
    the use of a shared resource, software and
    intellectual property rights, ownership of
    information and system security. An employee's
    use of school information technology that is
    contrary to this Policy or rules is unacceptable
    and prohibited.
  • Confidentiality - Employees are expected to use
    appropriate judgment and caution in
    communications concerning students and staff to
    ensure that personally identifiable information
    remains confidential.
  • No Expectation of Privacy - Newton Public Schools
    retains control, custody, and supervision of all
    school information technology owned, leased or
    paid for by it. Newton Public Schools reserves
    the right to monitor all computer, Internet,
    E-mail, and telephone activity by employees and
    other system users. Employees have no expectation
    of privacy in their use of school information
    technology, including E-mail messages and stored
    files. These may be considered public documents.

Drug-Free Workplace Policy
  • It is the intent and obligation of the Newton
    Public Schools to provide a drug-free, healthful,
    safe and secure work environment.
  • All employees are prohibited from possessing,
    using, or distributing illicit drugs or alcohol
    on school premises or at any school-sponsored
    activity. Illicit drugs are defined as
    controlled substances under M.G.L. Ch. 94C and
    include narcotics, cannabis, stimulants,
    depressants and hallucinogens. Alcohol is
    defined as alcoholic beverages including beer,
    wine and distilled spirits.
  • Chapter 71, the Commonwealth of Massachusetts, An
    act Establishing the Education Reform Act of
    1993, prohibits the use of any tobacco products
    within the school buildings and school
    facilities, on the school grounds or on school
    buses by any individual, including school
  • Any employee violating any section of the
    Drug-Free Schools Employee Policy will be subject
    to disciplinary action up to and including

NPS Professional Behavior
  • The Newton Public Schools employs over 2500
    individuals, each with unique perspectives and
    values. Unfortunately, disputes between
    co-workers are inevitable in an organization of
    our size.
  • Such disputes will be expected to be handled
    professionally and without raised voices,
    profanity and/or physical contact.
  • If you are involved in a dispute with a co-worker
    please contact your Principal and/or Supervisor
    for assistance to help to resolve it.
  • Newton Public Schools expects all individuals
    employees and students alike to treat each
    other with dignity and respect.

Tutoring/Testing Policy Conflict of Interest
  • "...No municipal employee shall, otherwise than
    as provided by law for the proper discharge of
    official duties, directly or indirectly receive
    or request compensation from anyone other than
    the city or town or municipal agency in relation
    to any particular matter in which the same city
    or town is a party or has a direct and
    substantial interest.
  • Massachusetts General Laws C268A-S17AC
  • Providing Instructional or Therapeutic Services
    to Newton Students Privately, for Pay
  • It has been the practice over the years that
    teachers and specialists of the Newton Public
    Schools not accept pay for work with students
    whom they teach or otherwise serve as part of
    their regular jobs. Teachers hired by the Newton
    Public Schools to provide tutoring for students
    who are at home or in the hospital because of
    illness or accident are employees of the schools
    and thus are not engaging in "private" work.
    Staff paid by parents to provide students with
    direct help, such as tutoring, counseling, speech
    remediation and LD services are working privately
    for pay and should provide such services only to
    students who are not in their class or school, or
    in their caseload or potential caseload. No
    activity related to private employment may be
    conducted during school hours or on school

Field Trip Policy
  • Attendance on school-sponsored trips which are
    not part of required class activities is not a
    student's right, but a privilege. No student may
    attend such a trip if, in the determination of
    the principal or her/his designee as part of
    disciplinary action, the student's behavior has
    been so inappropriate or antisocial as to be
    deemed disruptive to the planned trip. All rules
    and regulations as specified in the Newton Public
    Schools Students' Rights and Responsibilities
    Handbook will be in effect throughout any school
  • There is to be no solicitation of privately run
    trips by teachers, students, or other school
    personnel. Under no circumstances is school
    property or school time to be utilized in the
    promotion, advertisement or discussion of any
    privately planned and organized non-school
    sponsored trips.
  • Purpose of Field Trips
  • Field trips that are integral to a specific
    curriculum unit
  • Field trips that build group identity.
  • Field trips that enrich general curriculum goals
  • Field Trips that celebrate or culminate group
  • For more information and forms related to field
    trips, consult the folder located on First Class.

  • I have completed and understand the following
    training modules
  • Equal Education Civil Rights Discrimination,
    Harassment, ADA, 504 Plans, DCAP
  • Bullying in Schools
  • 51A Child Abuse and Neglect Reporting
  • Physical Restraint Overview
  • Universal Precautions/Life Threatening Food
  • Technology Acceptable Use Policy
  • Drug-Free Workplace Policy
  • NPS Professional Behavior Practices
  • Ethics, Tutoring Testing Policy, and Conflict
    of Interest
  • Field Trip Policy
  • Yes
  • No

Best wishes for a wonderful school year!