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Civil Rights Training. Rockport Public Schools 2011-2012. Why provide On-Line Training ?. Annual Civil Rights training is mandated by the Department of Elementary and Secondary Education (DESE, formerly the Department of Education, or DOE). All employees are required to participate.

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Civil Rights Training

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Civil Rights Training

Rockport Public Schools

2011-2012


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Why provide On-Line Training ?

Annual Civil Rights training is mandated by the Department of Elementary and Secondary Education (DESE, formerly the Department of Education, or DOE).

All employees are required to participate.

This training protects individuals, and the district, and ensures that all employees know their rights and responsibilities.

Rockport Public Schools - Civil Rights Training


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The Rockport Public Schools is committed to ensuring that all programs and facilities are accessible to all.

We actively seek to prevent discrimination or harassment on the basis of age, color, disability, national origin, religion, race, or sexual orientation.

Rockport Public Schools - Civil Rights Training

What is Non-discrimination?


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Rockport Public Schools – Civil Rights TrainingMGL (Massachusetts General Law)Chapter 76: Section 5

No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges, and courses of study of such public school on account of race, color, sex, religion, national origin, or sexual orientation.

Severe or pervasive harassment unlawfully denies a student the “advantages and privileges” of school, creating a hostile, humiliating, intimidating, and offensive educational environment.


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Rockport Public Schools – Civil Rights TrainingMassachusetts DESE RegulationsActive Efforts – (603 CMR 26:07)

All public schools shall strive to prevent harassment or discrimination and all public schools shall respond promptly to such discrimination or harassment when they have knowledge of its occurrence.

The school community and the Superintendent shall provide in-service training for all school personnel at least annually regarding the prevention of discrimination and harassment and the appropriate methods for responding to such discrimination in a school setting.

The Superintendent shall promote and direct effective procedures for the full implementation of 603 CMR 26.00


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Rockport Public Schools – Civil Rights TrainingFederal Law Mandates

Federal Civil Rights Laws Require Schools to:

Remedy discrimination and harassment.

Regularly notify students, parents, and employees that the District schools do not discriminate on the basis of sex or disability.

Implement and disseminate prompt and equitable complaint procedures for handling allegations of discrimination and harassment.

Designate an employee responsible for coordinating compliance with these federal civil rights laws.


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Rockport Public Schools – Civil Rights TrainingUnlawful and Prohibited Conduct Defined:

Discrimination occurs when an individual is treated differently and/or unfairly in an educational or employment context, solely on the basis of the individual’s sex/gender, race, color, national origin, ancestry, religion, age, disability, or sexual orientation. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.

Harassment based on a person’s sex/gender, race, color, national origin, ancestry, religion, age, disability or sexual orientation consists of conduct that: (1) has the purpose or effect of creating an intimidating, hostile, humiliating, or offensive work or educational environment; (b) has the purpose of substantially or unreasonably interfering with a person’s work, academic performance; and/or (c) otherwise adversely effects a person’s academic standing or employment opportunities.

In this school district, discrimination, sexual harassment, harassment, including teasing and bullying, is unacceptable and will not be tolerated. Discrimination and harassment are unlawful and hurt all people.


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Requires that no qualified disabled person shall be discriminated against or be excluded from participation in an activity.

A disability is a mental or physical impairment that limits a person's major life activities (self-care, walking, seeing, learning, breathing, speaking, working).

Reasonable accommodations/modifications must be made to provide access to programs and/or facilities.

Rockport Public Schools - Civil Rights Training

Federal Law: Section 504


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When a 504 Accommodation Plan exists for a student, it is the responsibility of all educators who work with that student to provide the accommodations - this is a legal requirement.

Recent case law indicates that educators who do not provide accommodations listed in 504 plans may be personally liable for failing to do so.

No discrimination against a person with a disability will be permitted in any of the programs of the Rockport Public Schools.

Questions about eligibility and enforcement should be directed to the building-based 504 coordinator.

Rockport Public Schools - Civil Rights Training

Federal Law: Section 504


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Prohibits discrimination against: access to programs and facilities; a free appropriate public education for elementary and secondary students; and employment discrimination.

Applies to special education services, evaluations, Individual Education Plans (IEPs), and student discipline.

When an IEP exists for a student, it is the responsibility of all educators who work with that student to provide the accommodations and/or modifications - this is a legal requirement.

Rockport Public Schools - Civil Rights Training

Federal Law: Title II (ADA)

Americans with Disabilities Act


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Protects against discrimination based on race, color, and national origin.

Applies to students, parents, and employees.

Prohibits discrimination in student class assignments or ability tracking and protects English language learners.

Manny DeCruz, Titles VI and IX Coordinator, handles inquires regarding Non-discrimination Policies.

Rockport Public Schools - Civil Rights Training

Federal Law: Title VI


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Rockport Public Schools – Civil Rights TrainingDefining the Term Harassment

Any unwelcome verbal, written, or physical contact in a school or school-related activity,

relating to a student’s race, color, religion, ethnicity, national origin, ancestry, gender, sexual orientation, or disability,

that is sufficiently severe, persistent, or pervasive to create a hostile, humiliating, intimidating, or offensive educational environment.

Bias-motivated harassment is a form of discrimination.


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Prohibits discrimination or harassment related to gender, including sexual harassment.

Refer to the District Sexual Harassment policy for specifics regarding steps taken to investigate and remediate. School personnel must contact an administrator or appropriate personnel if a complaint is made.

Refer all discrimination and/or harassment issues to Manny DeCruz, Title IX Coordinator.

Refer all sexual harassment concerns to a supervisor or an administrator as detailed in the Rockport Public Schools Sexual Harassment Policy (ACAB).

Rockport Public Schools - Civil Rights Training

Federal Law: Title IX


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Sexual harassment creates a hostile environment due to inappropriate sexual speech, materials, and/or actions.

Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, and/or any other conduct, physical or verbal, of a sexual nature.

Sexual harassment interferes with school or work performance and creates an intimidating, humiliating, and/or offensive environment.

Sexual harassment issues can involve student-to-student, student-to-staff, staff-to-student, or staff-to-staff behavior.

Rockport Public Schools - Civil Rights Training

Title IX: Understanding Sexual Harassment


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Sexual harassment may include, but is not limited to:

Unwelcome sexual advances or requests for sexual favors

Inappropriate touching; intentionally impeding movement; verbal comments; gestures; drawn, written, or electronic communication of a sexually derogatory nature; or intimidation based on gender or sexual preference

Continuing to express sexual interest after being informed that the interest is unwelcome (reciprocal attraction between peers is not considered sexual harassment)

Rockport Public Schools - Civil Rights Training

Title IX: Understanding Sexual Harassment (continued)


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Sexual harassment may include, but is not limited to:

Subtle pressure or requests for sexual activity

Leering or voyeurism

Displaying sexually suggestive pictures or objects anywhere in the workplace

Rockport Public Schools - Civil Rights Training

Title IX: Understanding Sexual Harassment (continued)


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Rockport Public Schools - Civil Rights TrainingTitle IX:Understanding Sexual Harassment (continued)

Examples of prohibited activities that may create a hostile school or work environment include:

Vulgar or explicit sexual-related epithets and/or abusive language;

Sexually explicit behavior and/or indecent exposure by students or employees;

Sexual-related graffiti, posters, or calendars.


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A crime motivated in whole or in part by hatred or bias, or where the victim is targeted or selected based on his/her actual or perceived:

race, color, religion, gender, sexual orientation, disability, national origin, ethnicity, or ancestry.

Rockport Public Schools - Civil Rights TrainingA Hate Crime Is…..


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Bullying

The repeated use by one or more students of a written, verbal, or electronic expression

OR

Physical act or gesture or any combination thereof directed at a victim.

Rockport Public Schools - Civil Rights TrainingDefinitions


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Any written or verbal expression or physical act or gesture to intimidate, frighten, ridicule, humiliate, or cause harm to another person (based on, for example, physical appearance, lack of athletic ability, clothing, neighborhood).

A bully has actual or perceived physical, social and/or psychological power over his/her target.

Bullying usually involves a pattern of behavior including:

Physical (hitting, kicking, pushing, intimidation, damaging, defacing, or taking personal property);

Verbal (verbal intimidation, name-calling, taunting, ridicule, jokes, insults, threats);

Emotional (stalking, spreading rumors, exclusion).

Rockport Public Schools - Civil Rights TrainingBullying Definition (continued)


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Cyberbullying

Bullying through the use of technology or any electronic communication, which shall include, but not be limited to:

any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to , electronic mail, internet communications, instant message or facsimile communications.

Rockport Public Schools - Civil Rights TrainingDefinitions (continued)


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Also 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 person as the author of posted content or messages if the impersonation created any of the above mentioned conditions of bullying

OR

The distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the impersonation created any of the above mentioned conditions of bullying

Rockport Public Schools - Civil Rights Training Cyberbullying (continued)


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Causes physical or emotional harm to the target or damage to target’s property.

Places target in reasonable fear of harm to himself or property.

Creates a hostile environment at school for target.

Infringes on the rights of the target.

Materially and substantially disrupts the education process or the orderly operation of a school.

Rockport Public Schools - Civil Rights Training It’s bullying or cyberbullying IF it:


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1. Many children are involved in bullying, and most are extremely concerned about it.

2. Bullying can seriously affect the mental health, academic work, and physical health of children who are targeted.

3. Children who bully are more likely than other children to be engaged in other antisocial, violent, or troubling behavior.

4. Bullying can negatively affect children who observe bullying going on around them-even if they aren’t targeted themselves.

5. Bullying is a form of victimization or abuse, and it is wrong. Children should be able to attend school or take part in community activities without fear of being harassed, assaulted, belittled, or excluded.

Rockport Public Schools - Civil Rights TrainingThere are a number of reasons why adults should be concerned about bullying among children and youth:


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Ignore it and it will go away.

If you only stood up for yourself.

It’s something the victim did.

Boys will be boys, girls will be girls.

Harassment and bullying toughens you up.

It’s a part of life, accept it.

Only wimps get bullied.

Children who get harassed or bullied are passive, loners, overly sensitive.

Rockport Public Schools - Civil Rights TrainingHarassment and Bullying Myths


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Indicates fear of walking in the halls unsupervised.

Shows signs of being intimidated when interacting with certain students in class, cafeteria, or halls.

Appears fearful of walking to or from school.

Seems withdrawn, disengaged in class; has noticeable drop in classroom participation.

No longer participates in school-related activities.

Is suddenly doing poorly in school.

Rockport Public Schools - Civil Rights TrainingSigns of Possible Harassment or Bullying


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Often arrives late for school or certain classes.

School absences dramatically increase.

Often “loses” his or her money.

Possessions are consistently “missing.”

Is the victim of repeated thefts.

Is the focus of jokes or graffiti.

Is the target of abuse or insults in chat rooms, websites, or social networking sites.

Explanations for above do not make sense.

Rockport Public Schools - Civil Rights TrainingSigns of Possible Harassment or Bullying (continued)


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Acts of bullying, which include cyber bullying, are prohibited:

On school grounds and property immediately adjacent to school grounds; at a school – sponsored or school – related activity, function, or program, whether on or off school grounds; at a school bus stop, on a school bus or other vehicle owned, leased, or used by a school district or school; or through the use of technology or an electric device owned, leased, or used by a school district.

Rockport Public Schools - Civil Rights TrainingParameters of the Law


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AND

At a location, activity, function, or program that is not school-related through the use of technology or electronic device that is not owned, leased, or used by a school district or school, if the acts create a hostile environment at school for the target or witnesses, infringe on their rights at school, or materially and substantially disrupt the education process or the orderly operation of a school.

Rockport Public Schools - Civil Rights TrainingParameters of the Law (continued)


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Be familiar with basic facts about harassment and hate crimes.

Recognize and identify bias indicators.

Report all harassment to appropriate authorities.

Don’t tolerate harassment and bullying.

Challenge biased or disrespectful attitudes of and behavior by students and staff.

Be alert to signs of student harassment and bullying.

Support victims and hold offenders accountable.

If a student mocks another’s appearance, mannerisms, or mobility, call the offender’s attention to the fundamental issues of respect.

Encourage student involvement.

Rockport Public Schools - Civil Rights TrainingResponsibilities of School Personnel


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Know your District’s Discrimination/Harassment Policy.

Promote a socially inclusive school environment for all.

Actively ensure school safety, report, and respond to all violations.

Who is Responsible? Everyone!!!!

Who is everyone? Administrators, Teachers, Secretaries, Teacher Assistants, Monitors, Counselors, Health Staff, Bus Drivers, Cafeteria Staff, Custodians, Parents, and Students.

Rockport Public Schools - Civil Rights TrainingResponsibilities of School Personnel (continued)


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Any employee or student who believes he/she has been the victim of harassment and/or discrimination should report it to his/her building Section 504 or Title IX Coordinator, or the District Section 504 Coordinator (the Superintendent), or the District Title IX and Civil Rights Coordinator (the Director of Special Education.)

Any employee who becomes aware of an incident of harassment or discrimination must promptly report the incident to his/her building Section 504 or Title IX Coordinator, or the District Section 504 Coordinator (the Superintendent), or the District Title IX and Civil Rights Coordinator (the Director of Special Education.)

Active investigations will result from the report, as applicable, and may result in sanctions up to suspension or dismissal.

If the conduct violates the law, the appropriate authorities will be notified.

Rockport Public Schools - Civil Rights Training

Reporting Requirements


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Be sensitive to religious holidays (see list of dates at http://www.doe.mass.edu/resources/holidays.html). Holidays that students might miss school for include: Rosh Hashanah, Yom Kippur, Eid al-Fitr, Divali, Good Friday, and Eastern Orthodox Good Friday.

Rockport School Committee policy and MA law require that students who miss school for religious observance must have the opportunity to make up the work without penalty.

Avoid major assessments or deadlines for projects on such dates, and provide reasonable accommodations for students who need to make up work missed due to religious obligations.

Rockport Public Schools - Civil Rights Training

Expectations for Addressing Harassment & Discrimination


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All school personnel are mandated reporters in cases of suspected abuse or neglect of a minor.

If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect of a student, this must be reported as soon as possible to a member of the school's Child Abuse Prevention (CAP) Team, which consists of the principal, psychologist and/or counselor, nurse, the reporting staff member, and any other staff, as deemed appropriate.

The school-based Child Abuse Prevention team will follow the reporting requirements of the Department of Children and Families (DCF, formerly known as the Department of Social Services, or DSS) and the policy of the Rockport Public Schools. The CAP team will determine whether a "reportable condition" exists and will act accordingly. This process must be confidential and only involve members of the CAP team.

Rockport Public Schools - Civil Rights Training

Responsibilities for the Care and Protection of Children Under 18


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It is not the responsibility of staff to prove that a child has been abused or neglected; a reasonable cause for concern should trigger the process.

As mandated reporters, school personnel who report with reasonable cause are presumed to be acting in good faith and are immune from any civil or criminal liability.

Failure to make a report when there is a reasonable cause for concern can result in a fine of not more than $1,000; more importantly, a child could suffer additional harm if a report is not made when there is reasonable suspicion of abuse or neglect.

Rockport Public Schools - Civil Rights Training

Responsibilities for the Care and Protection of Children Under 18


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All school staff should read and be familiar with physical restraint regulations, which can be viewed at http://www.doe.mass.edu/lawsregs/603cmr46.html?section=all.

603CMR 46.00 – These regulations apply to all public education programs including school events and school – sponsored activities.

Lack of knowledge of the law will not protect you or your students from the consequences of inappropriate actions.

Rockport Public Schools - Civil Rights Training

Overview of

Physical Restraint Guidelines

School Personnel Responsibilities


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Physical restraint: "The use of bodily force to limit a student's freedom of movement."

Not physical restraint: "Touching or holding a student without the use of force" -- including physical escort, touching to provide instructional assistance, and other forms of physical contact that do not include the use of force.

Rockport Public Schools - Civil Rights Training

What is Physical Restraint?


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Only staff trained in physical intervention should use physical restraints.

Whenever possible, staff trained in restraint should have a witness who does not participate in the hold.

Training requirements in 603 CMR 46.00 do not prevent a teacher, employee, or agent of a school from using reasonable force to protect students, other persons, or themselves from assault or imminent, serious, physical harm.

Rockport Public Schools - Civil Rights Training

Use of Physical Restraint


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Do not use physical restraint:

When non-physical interventions could be used to

de-escalate the situation or problem solving strategies could be implemented.

As a means of punishment.

As a response to property destruction, school disruption, refusal to comply, or verbal threats.

Rockport Public Schools - Civil Rights Training

Limitations On Use of Restraint


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Physical escort: Touching or holding a student without the use of force for the purpose of directing the student.

Extended restraint: A physical restraint, the duration of which is more than 20 minutes. Risk of injury is increased. Requirement of additional written documentation and report to the Department of Education

Non-seclusionary time-out: A time out where staff remains accessible.

Rockport Public Schools - Civil Rights Training

Understanding the Terms


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When other, non-physical, interventions have been tried and failed or are judged to be inadequate to the circumstancesAND

a student's behavior poses a threat of IMMINENT, SERIOUS, PHYSICAL HARM to self and/or others.

Rockport Public Schools - Civil Rights Training

When May Physical Restraint Be Necessary?


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Only the amount of force necessary to protect the student or others from physical harm or injury should be used.

The safest method available and appropriate to the situation and the individual should be used. Floor or prone holds are prohibited unless staff administering these has received in-depth training (16 hours minimum) in such procedures.

The hold should end as soon as possible. A hold of over 20 minutes is defined as an "extended restraint."

Rockport Public Schools - Civil Rights Training

Use of Physical Restraint


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A student's color and respiration during a hold must be monitored.

If there is any change in student's pallor, respiration, speech, or other signs of physiological distress, the hold must be released immediately.

If student experiences physical distress – release restraint and seek medical assistance immediately.

Physical holding should be implemented to prevent or minimize physical harm.

Rockport Public Schools - Civil Rights Training

Safety Requirements


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KNOW YOUR STUDENTS:

Be aware of medical or psychological issues and attempt to implement behavior interventions before considering utilization of physical restraint.

When a situation occurs where a student is demonstrating potentially harmful behaviors, seek assistance immediately.

Rockport Public Schools - Civil Rights Training

Safety Requirements (continued)


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Communicate during a crisis. State what type of assistance you need.

Post communication information in your classroom so that someone can contact help quickly.

Try to ensure a witness is present during any crisis.

Document the occurrence of each instance of aggression and/or use of physical restraint.

Rockport Public Schools - Civil Rights Training

Communicate with Other Staff


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Review the incident with student to address behavior.

Those staff members involved in the situation must debrief with an administrator regarding the situation.

Consider follow-up that may be necessary with students who may have witnessed the restraint.

Rockport Public Schools - Civil Rights Training

Follow-up Procedures After a Physical Restraint


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When to Report: Report only restraints over 5 minutes or in any case of an injury (to student or staff).

Notify School Administration: Notify school administration of any physical restraint as soon as possible, and provide written report by the next school working day.

Notify Parents: The principal or director of the program must notify the parent verbally as soon as possible, and by written report within three school working days.

Rockport Public Schools - Civil Rights Training

Document the Incident


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Rockport Public Schools - Civil Rights TrainingFor Your InformationFor Selected Staff: In-Depth Physical Restraint Training Contents

  • Prevention techniques

  • Identifying dangerous behaviors

  • Experience in restraining and being restrained

  • Demonstration of learned skills

  • Recommended 16 hours


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SECTION 504 and TITLE IX COORDINATORS

Rockport Public Schools

Section 504/ADA Coordinators

Homeless Coordinator

Title IX Coordinator

The Section 504/ADA District Coordinator:Susan M. King, Ed.D.

Homeless Student Coordinator:24 Jerden’s Lane

Rockport, MA 01966

978-546-1200

Title VI and IX District Coordinator:Manuel DeCruz

Civil Rights Coordinator:32 Jerden’s Lane

Rockport, MA 01966

978-546-1210

Section 504 BuildingTitle IX

CoordinatorsBuilding

Rockport Elementary School: Wanda VisnickJoann Riley

MarySue Nienstedt-SantosSimon Paddock

34 Jerden’s Lane34 Jerden’s Lane

Rockport, MA 01966Rockport, MA 01966

978-546-1220978-546-1220

Rockport Middle School: Howard KasperKaren O’Leary

26 Jerden’s LaneDavid Curley

Rockport, MA 0196626 Jerden’s Lane

978-546-1250Rockport, MA 01966

978-546-1250

Rockport High School:Tara Cowe-SpigaiMartha Cooney

24 Jerden’s LaneNeil Dineen

Rockport, MA 0196624 Jerden’s Lane

978-546-1234Rockport, MA 01966

978-546-1234


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Thank you for reviewing the information regarding our various legal obligations regarding civil rights and the protection of students, and thank you for your ongoing efforts to ensure that everyone's rights are honored and that all members of our school community are treated with respect.

Should you have any questions about anything in this material, please be sure to speak with your building representative, your building principal, or Manny DeCruz, who coordinates civil rights compliance for the District.

You have one more step…please print and sign the following page. (Remember to only print the signature page (Print: Current Page) or you will print the entire document.)

Rockport Public Schools - Civil Rights Training

Confirmation


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Please print “current page” only


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