Framingham Public Schools

Back to School

Annual TrainingAugust 22, 2013

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Training Topics to be Covered

• Equal Education & Civil Rights• Americans with Disabilities

Act• Section 504 of the

Rehabilitation Act of 1973• District Curriculum

Accommodation Plan (DCAP)

• Sexual Harassment & Discrimination (Title IX & Title VI)

• An Act Relative to Bullying in Schools (M.G.L. Chapter 92)

• Child Abuse & Neglect Reporting Requirements

• Student Records and Confidentiality

• Universal Precautions/Life Threatening Food Allergies

• Technology Acceptable Use Policy

• Drug Free Workplace Policy

• Conflict of Interest Policy

Additional information on these policies and procedures may be located in the Essential Core Documents; online Policies

and Procedures folder

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Framingham Public Schools Anti-Discrimination Statement

“Framingham Public Schools is committed to equal opportunity in education and employment practices. The

Framingham Public Schools does not discriminate based on race, color, age, gender, sexual orientation, religion, ethnic or national origin, disability, veteran’s

status, or any other status protected by law.”

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Non-Discrimination Statement Continued

“Since Framingham 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 Framingham Public Schools to engage in sexual or bias-related harassment or to violate the civil rights of any student, teacher, or other school personnel. Framingham Public Schools will act to investigate all complaints, formal or informal, of sexual or bias-related harassment, violations of civil rights or the Act Related to Bullying and will take the appropriate action against any student, teacher, or school personnel, or person on business with the Framingham Public Schools who is found in violation of this statement.”

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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

• 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

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Accommodations under ADAAccommodations 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.

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Section 504 of the Rehabilitation Act:

A 504 Accommodation Plan may be written for eligible students who meet the 504 criteria. A 504 Accommodation Plan is developed to provide access to general education and school activities for up to one academic year. A 504 Accommodation Plan is a legally binding document. Decisions of accommodations should be made through a Team process.

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Section 504 Eligible Criteria

3-pronged approach

• Has a physical or mental impairment

• …that substantially limits…

• a major life activity.

• **Needs to be documented**

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Under Section 504, major life activities:

• 1.     caring for one's self

• 2.     performing manual tasks

• 3.     seeing

• 4.     hearing

• 5.     eating

• 6.     sleeping

• 7.     walking

• 8.     standing

• 9.     lifting

• 10. speaking

• 11. breathing

• 12. learning

• 13. reading

• 14. concentrating

• 15. thinking

• 16. communicating

• 17. working

• 18. bending

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Special Education – IDEA 2004Individuals with Disabilities Education Act

(Federal Law)603 CMR 28.00 (MA Regulations)

• Provides special education services to children, ages 3- 22, who are found eligible due to an educational disability that affects their ability to make effective progress without specialized instruction and/or related services.

• Entitles eligible students with disabilities to a free and appropriate public education (FAPE) in the Least Restrictive Environment (LRE).

• Each student in special education has an Individualized Educational Program (IEP) that is a legally binding contract between the families and the school district.

• All decisions are made by the 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.

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District Curriculum Accommodation Plan

DCAP• Each school district is required to have on record a District

Curriculum Accommodation Plan (DCAP). (M.G.L. Chapter 71, Section 38P)

• 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.

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Title IX – Sex Discrimination or Sexual Harassment

• Sex Discrimination = exclusion or denial of participation of benefits on the basis of sex.

• Sexual Harassment = any sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when:• Submission is either explicitly or implicitly a term or

condition of employment or academic status• Submission to or rejection of such conduct by a person is the

basis for an employment decision or 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.

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Types of Sexual Harassment

Verbal Harassment

Sexual innuendo or other suggestive comment, humor or jokes about sex or gender-specific traits, offensivewritten notes, sexual propositions,insults, threats, inquiries into one’s sexual experiences, sexual comments about a person’s body and/ordiscussion of one’s sexual activities.

Nonverbal Harassment

Written notes or photographs of a sexual nature, whistling, making suggestive or insulting sounds and/or gestures, exhibiting suggestive posters, displaying suggestive

reading materials, obscene sexual noises, and/or rude comments about a person’s gender or sexual preference.

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Liability for HarassmentYou may be personally liable for sexual

harassment issues between students or 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.

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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 SY2010

• **updated July 2013 to only apply to students**

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Definitions from An Act Relative to Bullying in Schools• 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;• 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

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Definitions from An Act Relative to Bullying in Schools• Cyberbullying: bullying through the use of

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

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The Bullying Prevention & Intervention Plan• Requires policies and procedures for:

• Reporting bullying, retaliation by students, parents/guardians, or other witnesses

• Responding to a report of bullying or retaliation • Notifying parents/guardians, other schools, and law enforcement• Investigation of reports, including determinations and responses

• The law requires that whenever the evaluation of the IEP Team indicates that a child is on the autism spectrum, has a disability that affects social skill development, or that the child maybe/is vulnerable to bullying, harassment, or teasing, the IEP shall address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing.

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Civil Rights Complaints/Grievances

The Title IX Coordinator is the responsible district employee who provides leadership and direction in expediting full compliance

with the provisions of Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Chapter 622 of Massachusetts

General Law and Title IX of the Educational Amendments of 1972, all of the above state and federal regulations require equal

opportunity regardless of race, color, national origin, age, sex, sexual orientation, gender identity, disability, and religion in curricular, co-curricular and extra-curricular activities. Any

student or employee who believes that he/she has been discriminated against or harassed should report their concern

promptly to the school principal or the Title IX Coordinator

Mark Prince, Assistant Superintendent, King Administration Building, 454 Water Street, Framingham, MA 01701, (508)

626-9118 or mprince@framingham.k12.ma.us

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Non-Discrimination Statement Continued

“Since Framingham 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 Framingham Public Schools to engage in sexual or bias-related harassment or to violate the civil rights of any student, teacher, or other school personnel. Framingham Public Schools will act to investigate all complaints, formal or informal, of sexual or bias-related harassment, violations of civil rights or Act Related to Bullying and will take the appropriate action against any student, teacher, or school personnel, or person on business with the Framingham Public Schools who is found in violation of this statement.”

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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.

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FPS 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 “?” team to determine if there is reasonable cause to believe a reportable condition exists.

• The “?” team consists of the Principal, nurse, psychologist and/or counselor, classroom teacher, and other staff as appropriate. 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 Health and Wellness will be notified immediately of the report. A copy of the written report will be forwarded to the Health and Wellness Director.

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FPS Guidelines for 51A Reporting

• The Principal may call DCF for consultation. When there is disagreement among the “?” Team, the Principal 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 good practice 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.

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It is not the responsibility of the school official to prove that the child has been abused or

neglected. The aim of the mandated reporting law in Massachusetts is to identify, report,

(DCF)investigate and intervene in families where there is suspected neglect or abuse. Please be

mindful, it is import to recognize the need to help both the child and the family.

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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.

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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.

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Student Records• Eligible students or parents shall have access to the

student record.

• No third party can have access to the record without specific, informed, written consent from the eligible student and/or parent.

• With notice, directory information can be released.

• A school may release records following a court order but must make reasonable efforts to inform parents prior to the release.

• Records may be released to the Department of Children and Families (DCF) without parent consent.

• Federal, state, and local education officials may have access to student records as part of an audit, evaluation, or enforcement of law.

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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

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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!

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Essential Practices Regarding Email Communication and Confidentiality

• When sending an email about a student, please use initials in the subject line.

•The body of the email can contain the student’s first name and last initial.

• If you are emailing about a group of students or listing student names, it is best practice to attach a separate document with the information.

• Be cautious when selecting “reply all” as parents and others could be attached to the emails. This also creates an email train that is a part of the student record.

• If a parent emails with concerns, it is best to let the parent know a time that they can contact you by phone.

• All communication with parents should be considered formal and not casual.

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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.

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Life-Threatening Food Allergy Practice• General expectation is 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 

• To minimize the risk of exposure to food allergens that pose a threat to Framingham students and to educate the school community about life-threatening food allergies.

• 1. Establish a building-based general Medical Emergency Plan and Life-Threatening Allergy Medical Emergency Plan. 

• 2. Develop and implement an Individual Health Care Plan (IHCP) for all students with diagnosed life-threatening allergies, based on medical documentation.

• 3. Implement annual life-threatening allergy and epi-pen training for all staff.

• 4. Minimize the use of food during the school day.

Please see your school nurse for additional information or guidance.

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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 Framingham 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 the district’s Acceptable Use Policy is 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 - Framingham Public Schools retains control, custody, and supervision of all school information technology owned, leased or paid for by it. Framingham 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.

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Drug-Free Workplace Policy

• It is the intent and obligation of the Framingham 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.

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Translations and Interpreters • All major documents must be translated into all major

languages (Spanish and Portuguese)

• All “official” documents/communications must be translated into all major languages

• If a parent requests that major/official documents be translated into a low incidence language, these requests must also be honored

• If a parent requests, or a school staff member feels the need for an interpreter for a face to face meeting, the interpreter should be scheduled

• Only interpreters on the approved list kept by the Translation Coordinator should be used

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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

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My signature below verifies that I have completed and understand the following training modules:

• Equal Education &Civil Rights: Discrimination, Harassment • ADA, 504 Plans, DCAP• An Act Relative to Bullying in Schools• 51A – Child Abuse and Neglect Reporting• Universal Precautions/Life Threatening Food Allergies• Technology Acceptable Use Policy• Drug-Free Workplace Policy• Conflict of Interest

Print Name______________________________

Sign Name______________________________Date_________________________ 

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On August, 27th__________________________completed the following training modules:

• Equal Education &Civil Rights: Discrimination, Harassment • ADA, 504 Plans, DCAP• An Act Relative to Bullying in Schools• 51A – Child Abuse and Neglect Reporting• Universal Precautions/Life Threatening Food Allergies• Technology Acceptable Use Policy• Drug-Free Workplace Policy• Conflict of Interest

Thus earning 2.5 professional development points

___________ ________________________________

Date Signature

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Best wishes for a wonderful school year!

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