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Monomoy Regional School District Mandated Laws and Regulation Training

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Title: Monomoy Regional School District Mandated Laws and Regulation Training


1
Monomoy Regional School DistrictMandated Laws
and Regulation Training

1
2
Topics Covered
  • Monomoy Coordinator
  • Title VII- Civil Rights Act prohibits
  • Discrimination, bias, harassment.
  • MSRD Civil Rights Policy
  • Prevention, Reporting, Complaint Procedure
  • Mandated Reporters of Child Abuse
  • Family Medical Leave Act (FMLA)
  • Domestic Violence Leave Act
  • Drug-Free Workplace
  • Americans with Disabilities Act (ADA)
  • Employee Assistance Program (EAP)
  • Physical Restraint
  • Confidentiality of Student Records
  • Diverse Learners
  • Bullying Law
  • Coordinator Chart

2
3
Title VII of the Civil Rights Act -1964 and
Massachusetts Law
  • Prohibits discrimination on the basis of
  • Race
  • Color
  • Religion
  • National Origin
  • Sex
  • Gender Identity
  • Pregnancy
  • Disability
  • Age
  • Sexual Orientation
  • Housing status

3
4
Civil Rights Policy
  • It is the policy of the Monomoy Regional School
    District to provide a safe and secure environment
    for all without distinction based on race, color,
    religion, ethnicity, disability, gender, gender
    identity, age, housing status or sexual
    orientation.
  • Discrimination based on protected class, sexual
    and bias-motivated harassment, retaliation, and
    other violations of civil rights will not be
    tolerated.

4
5
Commitment to Prevention
  • The Monomoy Regional School System is committed
    to the prevention, remediation, and the accurate
    reporting of bias incidents and civil rights
    violations, to the end that all stakeholders can
    enjoy the advantages of a safe and tolerant
    environment where individual differences are
    respected.
  • School employees must report ongoing civil rights
    violations and episodes of wrongful harassment to
    the principal of each school.

5
6
Identification of Prohibited Conduct
  • Bias Incident any act, including conduct or
    speech, directed to a person because of actual or
    perceived race, color, religion, ethnicity, age,
    disability, gender, gender identity, sexual
    orientation or any other class protected by state
    or federal laws. A bias incident is tied to
    protections of persons belonging to a particular
    class protected by civil rights.
  • A bias incident may or may not be a criminal act.

6
7
Prohibited Conduct (contd)
  • Discrimination consists of unequal treatment
    among people based on actual or perceived
    differences. Discrimination is illegal in
    certain circumstances, such as when an individual
    or group of individuals are treated unequally
    because of their race, color, religion, age,
    national origin, disability, sexual orientation,
    gender or gender identity.
  • Harassment consists of unwelcome verbal,
    written or physical conduct targeting specific
    person(s), which is persistent or pervasive so as
    to create an intimidating, hostile, humiliating,
    or offensive school environment or which
    substantially interferes with an employees work
    environment or a students education.
  • Any teacher who receives a complaint from a
    student or a teacher is expected immediately to
    refer the complaint to the Coordinator, Building
    Principal or Superintendent.

7
8
Report Civil Rights Violations to either/or
  • Your Building Principal
  • Coordinator of Civil Rights - Joan Goggin
    Director of Student Services
  • Superintendent- Mr. Scott Carpenter

8
9
Governmental Agencies
  • If you choose to do so, you may contact and/or
    file a formal complaint with either or both of
    the following agencies responsible for enforcing
    laws prohibiting harassment in addition or
    instead of filing a complaint with the School
    District
  • United States Equal Opportunity Employment
    Commission, (EEOC), John F Kennedy Federal
    Building, 475 Government Center, Boston, MA
    02203, 800-669-4000
  • Massachusetts Commission Against Discrimination
    (MCAD), One Ashburton Place, Room 601,Boston, MA,
    617-727-3990
  • Violations regarding Civil Rights can be
    addressed to
  • Office for Civil Rights (OCR), 33 Arch Street,
    Suite 900, Boston, MA 02110. - (617) 289-0111

10
Safe School Climate for All
  • The Monomoy Regional School District shall,
    through our curricula, encourage respect for the
    human and civil rights of all individuals
    regardless of race, color, age, religion,
    national origin, gender, gender identity,
    disability, sexual orientation or any other class
    protected by state or federal laws.
  • It is the policy of Monomoy Regional School
    District that an annual evaluation of all aspects
    of the PK-12 program must ensure that all
    students are given the opportunity to participate
    in all programs offered by the school, including
    athletics and other curricula activities.

10
11
Quid Pro Quo Sexual Harassment
  • Defined in Chapter 151B as
  • Sexual advances, requests for sexual favors, and
    other verbal or physical conduct of a sexual
    nature when submission to or rejection of such
    advances, requests or conduct is made either
    explicitly or implicitly, is a term or condition
    of employment, or is a basis for employment
    decisions.

11
12
Quid Pro Quo Harassment (contd)
  • The Claimant must prove
  • That the alleged harasser made sexual advances or
    requests, or otherwise engaged in conduct of a
    sexual nature
  • The sexual conduct was unwelcome
  • And either
  • S/he rejected such advances, requests or conduct
    and
  • The terms or conditions of his/her employment
    were then adversely affected
  • Or
  • S/he submitted to such advances, requests or
    conduct and
  • when s/he submitted to the unwelcome sexual
    conduct, s/he did so in reasonable fear of
    adverse employment action

12
13
Hostile Work Environment
  • Defined by Chapter 151B as
  • sexual advances, requests for sexual favors, and
    other verbal or physical conduct of a sexual
    nature when . . . such advances, requests or
    conduct have the purpose or effect of
    unreasonably interfering with an individual's
    work performance by creating an intimidating,
    hostile, humiliating or sexually offensive work
    environment.

13
14
Examples of Harassment
  • Verbal harassment, such as derogatory comments,
    jokes, slurs or remarks/questions of a sexual
    nature.
  • Physical harassment, such as derogatory or
    offensive posters, cards, cartoons, graffiti,
    drawings, looks or gestures.
  • Using electronic or social media to make
    derogatory or other harassing comments.
  • The victim is encouraged (but not required) to
    make it clear to the alleged harasser that the
    behavior is bothering him/her if s/he can
    comfortably do so.

14
15
In a hostile work environment case, the
complainant must prove
  • S/he was subjected to conduct of a sexual nature.
  • Such conduct was unwelcome.
  • Such conduct had the purpose or effect of
    creating an intimidating, hostile, humiliating or
    sexually offensive work environment and
  • Such conduct unreasonably interfered with the
    complainants work performance or altered the
    terms and conditions of the complainant's
    employment.

15
16
Employee/Visitor Complaint
Procedure
  • Any employee/visitor who believes that s/he has
    been subjected to sexual harassment may file a
    written complaint with the principal and/or
    immediate supervisor or other administrator.
  • The designated Complaint Manager
    (building principal) shall be responsible for
    assisting employees, visitors and other persons
    using the facilities seeking guidance or support
    in addressing matters relating to sexual
    harassment or inappropriate behavior of a sexual
    nature.

16
17
Complaint Procedure (contd)
  • The investigation must be completed within a
    timely manner after the complaint is filed, and
  • After a review with the site-based manager, a
    written recommendation will be forwarded to the
    Superintendent of Schools.
  • Complaint may also be filed with MCAD or EEOC.

17
18
Report Sexual Harassment Violations to either/or
( only necessary to report to one person)
  • Your Building Principal or building designee
  • Superintendent of Schools-Mr. Scott Carpenter
  • Or
  • Coordinator of Civil Rights- Joan Goggin,
    Director of Student Services

18
19
Mandated Reporter of Child Abuse
  • A person who, because of his/her employment, is
    likely to have contact with children on a regular
    basis within a school district.
  • Mandated reporters are required to notify the
    designated person in charge of their school
    facility, if s/he has cause to believe that a
    child under age 18 is suffering from physical,
    emotional or sexual abuse.
  • The legislature defines these persons
  • Nurses
  • Teachers and Guidance counselors
  • Administrators
  • School Psychologists

19
20
MRSD Reporting Procedures
  • All cases of suspected abuse will be reported to
    the Principal or designee who will immediately
    notify the appropriate personnel/designee to
    report to DCF.
  • The building designee has the ultimate
    responsibility to notify all required authorities
    and to generate written reports.
  • The reporters name, alone, appears as the School
    Systems representative.
  • Please be aware that in the case of a crime being
    committed the proper authorities will be notified
    but the district must still interview individuals.

20
21
Family Medical Leave Act(FMLA 1993)
  • FMLA provides employees with entitlement to 12
    work weeks of unpaid leave during any 12 month
    period for the following purposes
  • The birth of a child
  • The placement of a child with the employee for
    adoption or foster care.
  • The care of an employees spouse, child, or
    parent who has a serious health condition.
  • An employees serious health condition that makes
    him/her unable to perform the essential functions
    of his/her position.

21
22
Advance Notice Medical Certification
  • The employee must provide notice of intent to
    take family and medical leave not less than 30
    days before leave is to begin or, if need was not
    foreseeable, as soon as possible.
  • An employer may request medical certification for
    FMLA leave taken to care for an employees
    spouse, child, or parent who has a serious health
    condition, or for the serious health condition of
    the employee.

22
23
Domestic Violence Law (August 8, 2014)
  • New law signed on August 8, 2014 which creates
    leave in certain situations for victims of
    domestic violence.
  • Employer may permit an employee to take up to 15
    days leave in any 12 month period if the employee
    or family member of the employee is a victim of
    abusive behavior. The employee can use leave
    from work for
  • Obtain medical attention, counseling, victim
    services or legal services
  • Secure housing
  • Obtain a protective order from a court
  • Appear in court or before a grand jury
  • Meet with the DA or other law enforcement
    official
  • Attend child custody proceedings or

24
Domestic Violence Law (cont.)
  • Address other issues directly related to abusive
    behavior against eh employee or family member of
    the employee
  • Abusive behavior that includes domestic violence,
    stalking, sexual assault or kidnapping.
  • Provisions-
  • Employers are not allowed to retaliate against an
    employee for taking leave. An employee taking
    leave may not lose any benefit accrued prior to
    taking leave and must be restored to the same or
    equivalent position upon return.
  • The Act does not mandate paid leave and it
    requires the employee prior to requesting or
    taking leave to exhaust all paid time, including
    vacation, personal and sick time prior to
    requesting or taking time under this law.

25
Domestic Violence Act (cont.)
  • Advance leave notice
  • Employee is generally required to provide
    appropriate notice in advance in accordance with
    MRSD policies on leave with exception of
    imminent danger. In this case the employee is
    required to give three (3) work days that the
    leave was taken or is being taken. An employer
    is not permitted to take negative action for an
    unauthorized absence if within thirty (30) days
    from an unauthorized absence the employee is able
    to produce documentation from the list ( given in
    notice of Domestic Violence Act) of documentation
    of the need for leave pursuant to the Act.

26
Domestic Violence Act (cont.)
  • Documentation
  • The employer is permitted to require
    documentation and within a reasonable period of
    time
  • List of document is included in the MRSD
    notification to employees.
  • All notice from employees will be handled in the
    strictest of confidence given the sensitive
    nature of the situation.

27
Drug Free Workplace Act
  • Requires school districts to maintain a drug free
    environment.
  • It explicitly prohibits employees from
  • Manufacturing, distributing, dispensing,
    possessing or using unlawful drugs in the
    workplace.
  • Employees cannot use drugs except for legitimate,
    medical purposes.
  • A doctor must state that it will not adversely
    affect performance.

27
28
American w/Disabilities Act (ADA)
  • This act gives civil rights protections to
    individuals with disabilities.
  • It guarantees equal opportunities for individuals
    with disabilities in public accommodations,
    employment, transportation, state and local
    government services and telecommunications.

28
29
ADA (contd)
  • ADA Information Line 1-800-514-0301
  • TTY 1-800-514-0383

29
30
ADA - Disabilities
  • Physical or Mental impairment that substantially
    limits one or more major life activities, or
  • A record of such impairment, or
  • Being regarded as having such impairment.

30
31
Who is Covered?
  • The law protects qualified individuals with a
    disability defined as
  • A person who has a disability and who, with or
    without reasonable accommodation, can perform the
    essential functions of the job that such person
    desires or holds.
  • Please contact your principal with questions or
    if you believe you have a disability and would
    like to discuss the impact of your disability on
    your job or whether you require reasonable
    accommodation(s) to perform your job.

31
32
Employee Assistance Program
  • EAP services provided by Wellness
    Corporation-Massachusetts Education and
    Government Association.
  • Voluntary, Confidential
  • www.WellnessWorkLife.com
  • 1-800-828-6025

32
33
Due Process
  • Due process is guaranteed by the Constitution
    which states
  • Due Process Clause No State shall deprive any
    person of life, liberty, or property, without due
    process of law.
  • Students also have due process rights. The
    amount of process due depends on the
    circumstances. Generally, the greater the
    penalty, the more process due.

33
34
Due Process (continued)
  • Cases that secure this right-
  • Cases Goss v. Lopez (1975) Ingraham v. Wright
    (1977) Horowitz v. Board of Curators, University
    of Missouri (1978)
  • G.L. c. 71, 37H, 37H½, and 37H¾ provide due
    process for suspensions and expulsions
  • Follows MRSD policies and school handbooks

35
Summary
  • It is the responsibility of every employee to be
    aware of and to comply with the civil right
    policies of the Monomoy Regional School District.
  • Any employee who believes that s/he has been
    discriminated against may file a verbal and/or
    written complaint to your building principal or
    to Civil Rights Coordinator.
  • The Monomoy Regional School District will take
    any and all necessary actions, within its
    jurisdiction, to insure staff and students of
    their educational and civil rights as members of
    the school community.

35
36
Governmental Agencies
  • If you choose to do so, you may contact and/ or
    file a formal complaint with either or both of
    the following agencies responsible for enforcing
    laws prohibiting harassment, instead of or in
    addition to filing a complaint with Monomoy
  • United States Equal Opportunity Employment
    Commission (EEOC), 1 Congress Street, Boston, MA
    617-565-3200
  • Massachusetts Commission Against Discrimination
    (MCAD),One Ashburton Place, Room 601, Boston, MA
    671-727-3990

37
MRSDs Physical Restraint Protocols
  • Our students are protected by law from the
    unreasonable use of physical restraint.
  • Physical restraint shall be used only in
    emergency situations, after other less intrusive
    alternatives have failed or been deemed
    inappropriate, and with extreme caution.

37
38
Physical Restraint is
  • The use of bodily force to limit a students
    freedom of movement. 603 CMR 46.02(3)

38
39
Physical Restraint is not
  • Touching or holding a student without the use of
    force.
  • Examples
  • Physical escort
  • Touching to provide instructional assistance
  • Other forms of physical contact that do not
    include the use of force.
  • Or used to prevent destruction of property

39
40
When may it be necessary?
  • When other, non-physical interventions have been
    tried and failed or are judged to be inadequate
    to the circumstances and
  • A students behavior poses a threat of IMMINENT,
    SERIOUS, PHYSCIAL HARM to self and/or others.
  • IEPs may call for the use of physical restraint.

40
41
Trained staff use restraint with two goals in
mind
  • To protect a student and/or staff from immediate,
    serious, physical harm.
  • To prevent or minimize any harm to the student as
    a result of the use of such restraint.

41
42
Who is trained?
  • Staff members are identified as school-wide
    resources.
  • Staff participate in an in-depth training program
    which include understanding positive behavioral
    supports.

42
43
Student Records- confidentiality
  • 23.05 Privacy and Security of Student Records
  • (1) The school principal or his/her designee
    shall be responsible for the privacy and security
    of all student records maintained in the school.
  • (2) The superintendent of schools or his/her
    designee shall be responsible for the privacy and
    security of all student records that are not
    under the supervision of a school principal, for
    example, former students' transcripts stored in
    the school department's central administrative
    offices or student records of school-age children
    with special needs who have not been enrolled in
    a public school.
  • (3) The principal and superintendent of schools
    shall insure that student records under their
    supervision are kept physically secure, that
    authorized school personnel are informed of the
    provisions of 603 CMR 23.00 and M.G.L. c. 71,
    34H and are educated as to the importance of
    information privacy and confidentiality and that
    any computerized systems employed are
    electronically secure.
  • Regulatory Authority603 CMR 23.00 M.G.L. c.
    71, 34D, 34E.

43
44
Access to records
  • Specific guidelines exist to who has the right to
    access student records, including students
    rights, regardless of age. Please refer to
    handout of 603 CMR 23.00.
  • Guidelines to non-custodial parents are outlined
    in 603 CMR 23.07.

44
45
Regulations for Diverse Learners
  • Specific laws and regulations that refer to
    students with diverse learning needs include
  • The Individuals with Disabilities Education Act
    of 2004-- IDEA -- Federal Special Education Law
  • Chapter 71B -- Massachusetts Special Education
    Law
  • 603 CMR 28.00 Massachusetts Special Education
    Regulations

45
46
Laws and Regulations related to Diverse Learners
  • The Massachusetts Education Reform Act
  • Section 504 of the Rehabilitation Act Civil
    Rights of Access for Individuals with
    Disabilities
  • Chapter 688 of the Acts of 1983-Transition
    Services for Students with Disabilities
  • The Americans with Disabilities Act ADA
  • No Child Left Behind-NCLB
  • Chapter 71A-603 CMR 14.00-English Language
    Education in Public Schools- ELE students
  • Federal Law- Title III-Language Instruction for
    Limited English Proficient and Immigrant Students

46
47
Bullying Law-Chapter 92 of the Acts of 2010
  • Requires
  • Policy
  • Process for implementing a Prevention Plan
  • Handbooks clear state Bullying Prevention and
    plan
  • Curriculum- Prek-12
  • Annual written notice to parents and students
  • Annual written notice to school staff
  • Faculty/staff training
  • Employee handbook notice
  • Posting on school website for prevention and
    required intervention plan
  • Internet safety measures-included in policy
  • Provisions for students with IEPs

48
Amendment to Bullying Law
  • Original bullying law only addressed Student to
    Student bullying-new amendment addresses staff on
    student bullying which is prohibited
  • New definition of bullying is as follows
  • the repeated use by one or more students or by a
    member of a school staff including, but not
    limited to, an educator, administrator, school
    nurse, cafeteria worker, custodian, bus driver,
    athletic coach, advisor to an extracurricular
    activity or paraprofessional of a written, verbal
    or electronic expression or a physical act or
    gesture or any combination thereof, directed at a
    victim that

49
Amendment to Bullying Law (cont.)
  • (i) causes emotional or physical harm to the
    victim or victims property (ii) places the
    victim in reasonable fear of harm to himself or
    damage to his property (iii) creates a hostile
    environment at school for the victim(iv)
    infringes on the rights of the victim at school
    or (v) materially or substantially disrupts the
    education process or the orderly operation of a
    school. For the purposes of this section,
    bullying shall include cyberbullying.
  • Change in definition of perpetrator reads
    Perpetrator A student or member of school staff
    including but not limited to, an educator,
    administrator, school nurse, cafeteria worker,
    custodian, bus driver, athletic coach, advisor to
    an extra-curricular activity or paraprofessional
    who engages in bullying or retaliation.

50
Amendments to Bullying Law (Cont.)
  • New law recognizes certain categories of students
    may be more vulnerable to bullying, harassment,
    or teasing based on actual or perceived
    characteristics, including race, color, religion,
    ancestry, national origin, sex, socioeconomic,
    status, homelessness, academic status, gender
    identity or expression, physical appearance, or
    sensory, disability, or by association with a
    person who has or is perceived to have one or
    more of these characteristics.
  • Monomoy must identify specific steps it will take
    to create a safe, supportive environment for
    vulnerable populations in the school community,
    and provide all students with the skills,
    knowledge, and strategies to prevent or respond
    to bullying, harassment, or teasing.

51
Mandated notices
  • Please see enclosed packet for the following
  • Coordinators chart of contact persons for Civil
    Rights and McKinney Vento.
  • Notice of Domestic Violence Law
  • Notice of Physical Restraint Law.
  • District Harassment Policy

52
Thank You
  • For your attention and your patience.
  • New employees hired after this information is
    disseminated will meet with Human Resources and
    Civil Rights Coordinator to review this
    information.

52
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