Newton Public Schools Back to School Annual Training

1. Newton Public Schools Back to SchoolAnnual Training September 2013 If you need an accommodation to assist you with this training, please contact human resources for assistance.

2. Training Topics • 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 Allergies • Technology Acceptable Use Policy • Drug Free Workplace Policy • NPS Professional Behavior Practices • Ethics and Tutoring/Testing Conflict of Interest Policy • Field Trip Policy • ID Badges and Visitor Procedures Additional information on these policies and procedures may be located in the First Class: Policies and Procedures folder Newton Public Schools Department of Human Resources

3. NPS Anti-Discrimination Statement “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.” Newton Public Schools Department of Human Resources

4. NPS Anti-Discrimination Statement “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.” Newton Public Schools Department of Human Resources

5. 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 activities; • Has a record of such an impairment • Is regarded as having such impairment A disability: • Prohibits private employers, state and local governments, and labor unions from discriminating against students and qualified individuals with disabilities. For more information go to: • http://www.eeoc.gov/types/ada.html • http://www.ada.gov/regs2010/ADAregs2010.htm Newton Public Schools Department of Human Resources

6. 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 students. • For Employees: A reasonable accommodation is one that would allow the person to perform the “essential functions” of their position with the accommodation. Newton Public Schools Department of Human Resources

7. 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 process. Newton Public Schools Department of Human Resources

8. Special Education – IDEA 2004 • 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 student’s 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. Newton Public Schools Department of Human Resources

9. District Curriculum Accommodation Plan • 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 Departments. • 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 student’s record and provided to the building Special Education Team if the student is referred for a special education evaluation. Newton Public Schools Department of Human Resources

10. Title IX – Sex Discrimination or Sexual Harrassment • 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 status • 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 person’s 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. Newton Public Schools Department of Human Resources

11. Examples of Sexual Harassment or Discrimination: • Verbal Harassment • Sexual innuendo or other suggestive • comment, humor or jokes about sex • or gender-specific traits, offensive • written notes, name-calling/nick-names, sexual propositions, insults, threats, inquiries into one’s sexual experiences, sexual comments about a person’s body and/or • discussion of one’s sexual activities Nonverbal Harassment Written notes or photographs of a sexual nature, whistling, making suggestive or insulting sounds and/or gestures, suggestive leering, unwelcome touching/massaging, displaying suggestive reading materials, obscene sexual noises, and/or rude comments about a person’s gender or sexual preference Newton Public Schools Department of Human Resources

12. 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. Newton Public Schools Department of Human Resources

13. 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. Newton Public Schools Department of Human Resources

14. 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 Newton Public Schools Department of Human Resources

15. Definitions from An Act Relative to Bullying in Schools • Creates a hostile environment at school for the target; • Infringes on the rights of the target at school; or • Materially and substantially disrupts the education process or the orderly operation of a school 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 target’s property; • Places the target in reasonable fear of harm to himself or of damage to his property; Newton Public Schools Department of Human Resources

16. Definitions from An Act Relative to Bullying in Schools 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. 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.). Newton Public Schools Department of Human Resources

17. 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 bullying; • 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 cyberbullying. Newton Public Schools Department of Human Resources

18. 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 district Written notice of the Bullying Plan is located on First Class. Newton Public Schools Department of Human Resources

19. 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. Newton Public Schools Department of Human Resources

20. 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. Newton Public Schools Department of Human Resources

21. 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. Newton Public Schools Department of Human Resources

22. 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 Newton Public Schools Department of Human Resources

23. Student Physical Restraint • 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. Newton Public Schools Department of Human Resources

24. Physical Restraint: Proper Administration Administration of restraint shall discontinue as soon as possible • Use of physical restraint mustbe reported by staff: • 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 staff: • 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. Newton Public Schools Department of Human Resources

25. 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 Folder) • Copy of the record of all restraints administered within the 30 day period prior to reported restraint is sent to DESE Newton Public Schools Department of Human Resources

26. Student Records • 603 CMR 23.00 Student Records Regulations ensures parents’ and students’ rights of confidentiality, inspection, amendment, and destruction of student records. • 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 student’s name or in any manner that the student can be individually identified. Newton Public Schools Department of Human Resources

27. 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 older. • A Log of Access shall be maintained in each child’s 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. Newton Public Schools Department of Human Resources

28. Student Records • Non-custodial refers to physical custody, not legal. • 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 school Newton Public Schools Department of Human Resources

29. 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! Newton Public Schools Department of Human Resources

30. 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. Newton Public Schools Department of Human Resources

31. Life-Threatening Food Allergy Policy It is the School Committee’s 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 Class) 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. • Establish a building-based general Medical Emergency Plan and Life-Threatening Allergy Medical Emergency Plan.  • Develop and implement an Individual Health Care Plan (IHCP) for all students with diagnosed life-threatening allergies, based on medical documentation. • Implement annual life-threatening allergy and epi-pen training for all staff. • Minimize the use of food during the school day. Newton Public Schools Department of Human Resources

32. 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. Newton Public Schools Department of Human Resources

33. 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 personnel. • Any employee violating any section of the Drug-Free Schools Employee Policy will be subject to disciplinary action up to and including termination. Newton Public Schools Department of Human Resources

34. NPS Professional Behavior • The Newton Public Schools employs over 2,500 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. • Please be sure to familiarize yourself with the Student Rights and Responsibilities Handbook. All staff should be responsible for knowing these procedures. Located at: http://www3.newton.k12.ma.us/resources-families • Newton Public Schools expects all individuals – employees and students alike – to treat each other with dignity and respect. Newton Public Schools Department of Human Resources

35. 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-S17A&C 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 property. Newton Public Schools Department of Human Resources

36. 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 trip. Newton Public Schools Department of Human Resources

37. Field Trip Policy 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 work For more information and forms related to field trips consult the folder located on First Class. Newton Public Schools Department of Human Resources

38. ID Badges & Visitor Procedures • All staff are expected to wear ID badges with the photo showing while in NPS schools. Your ID badge will be your entry device for door access to the school(s) that you are assigned to. • All visitors to the Elementary and Middle schools are to obtain a visitor’s badge from the main office and will be required to sign the log-in book. • High Schools will continue to have an open-campus. • Once the school day begins, the doors at the Elementary and Middle Schools will lock and all visitors will be required to show this badge. • Building doors are not to be propped open at anytime. Newton Public Schools Department of Human Resources

39. Visitor Procedures Continued • If someone does not have a visitor’s badge, please approach the visitor and offer assistance, then escort them to the main office for a badge and to sign-in. • If you are uncomfortable approaching a visitor without a badge, you should ask one or two staff members to assist with confronting the visitor. • If a visitor refuses to cooperate, do not escalate the situation. If it can be done safely, monitor the direction that the intruder is going, then call the office and give a detailed description of the visitor(s). Adults should not send a student to the office to get an administrator. • The Newton Police Department may be contacted to address intruder violations. Newton Public Schools Department of Human Resources

40. Wrap Up 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 • Student Records and Confidentiality • Universal Precautions/Life Threatening Food Allergies • Technology Acceptable Use Policy • Drug-Free Workplace Policy • NPS Professional Behavior Practices • Ethics, Tutoring & Testing Policy, and Conflict of Interest • Field Trip Policy • ID Badges and Visitor Procedures • Yes • No Newton Public Schools Department of Human Resources

41. Wrap Up If you have any questions about the material contained in these slides, please contact your principal, school administrator, or the human resources department. A copy of this will be available on the district website under required trainings for your future reference. Thank you for your dedication to the students and community of Newton Public Schools. We wish you a fantastic 2013-2014 school year! Newton Public Schools Department of Human Resources