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 (cont’d) 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 employee’s work environment or a student’s 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 (cont’d) 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 complainant’s 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 (cont’d) 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 reporter’s name, alone, appears as the School System’s 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 employee’s spouse, child, or parent who has a serious health condition. An employee’s 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 employee’s 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 (cont’d) 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- • CasesGoss 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. MRSD’s 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 student’s 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 student’s 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 Authority:603 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 victim’s 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.