Table of Contents
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Choose a policy from the list below.
File: AC
NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
The MSAD #11 Board is committed to-maintaining a workplace and learning environment that is free from illegal discrimination and harassment.
In accordance with applicable Federal and/or State laws and regulations, MSAD #11 prohibits discrimination against and harassment of employees, candidates for employment, students and others with rights to admission or access to school programs, activities or premises on the basis of race, color, sex, sexual orientation, religion, ancestry or national origin, age, genetic information or disability. For the purpose of this policy, "sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.
[NOTE: The Maine Human Rights Act (5 M.R.S.A.§ 4551 et seq.) prohibits discrimination on the basis of sexual orientation. This policy includes the definition of "sexual orientation" provided in 5 M.R.S.A. § 4553(9-C).)
The MSAD #11 Board delegates to the Superintendent the responsibility for implementing this policy. The MSAD #11 Affirmative Action Plan will include designation of an Affirmative Action Officer who will be responsible for ensuring compliance with all Federal and State requirements related to nondiscrimination. The Affirmative Action Officer will be appointed by the Superintendent and will be a person with direct access to the Superintendent.
The Superintendent/Affirmative Action Officer shall be responsible for ensuring that notice of compliance with Federal and State civil rights laws is provided to all applicants for employment, employees, students, parents and others, as appropriate.
Legal Reference:
Cross Reference:
• ! •
Equal Employment Opportunities Act of 1972 (P.L. 92-261)
amending Title- VII of the Civil Rights Act of 1964 (42-U.S.C.
§ 2000(e) et seq.)
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)
Equal Pay Act of 1963 (29 U.S.C. § 206)
Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.) Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) Maine Human Rights Act (5 MRSA § 4551, et seq.)
MSAD #11 Affirmative Action Plan
ACAA-Harassment and Sexual Harassment of Students
ACAB-Harassment and Sexual Harassment of School Employees
Adopted: October 2, 2008
Revised: December 3, 2009, September 11, 2011
File: ACA
GENDER NEUTRAL LANGUAGE
The RSU #11 School Board directs that all staff members be especially alert to and avoid the use of sexist or other discriminatory language in all communications, both oral and written.
Cross Reference: AC – Nondiscrimination/Equal Opportunity and Affirmative Action Program
Adopted: August 6, 1992
Revised: January 7, 1993; October 6, 2005; December 3, 2009
File: ACAA
HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS
Harassment of students because of race, color, sex, sexual orientation, religion, ancestry or national origin, or disability is prohibited. Such conduct is a violation of RSU #11 Board policy and may constitute illegal discrimination under state and federal laws.
Harassment
Harassment includes but is not limited to verbal abuse based on race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in the RSU #11 Board policy JICIA – Weapons, Violence and School Safety.
Sexual Harassment
Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student’s education. School employees, fellow students, volunteers and visitors to the school, and other persons with whom students may interact in order to pursue school activities are required to refrain from such conduct.
Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge. Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.
The Superintendent or Administrator/Supervisor/Affirmative Action Officer will investigate complaints of harassment in accordance with the Student Harassment Complaint Procedure. School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration.
Legal Reference: Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.)
Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d))
5 MRSA §§ 4602; 4681 et seq.
20-A MRSA § 6553
Cross Reference: ACAA-R - Student Harassment Complaint Procedure
AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAD – Hazing
JICIA - Weapons, Violence and School Safety
Adopted: November 2003
Revised: October 6, 2005; December 3, 2009
File: ACAA-R
STUDENT DISCRIMINATION AND HARASSMENT
COMPLAINT PROCEDURE
This procedure has been adopted by the RSU #11 Board in order to provide a method of prompt and equitable resolution of student complaints of discrimination or discriminatory harassment as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students.
Definitions
For purposes of this procedure:
A. A “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability; and
B. “Discrimination or harassment” means discrimination or harassment on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability.
How to Make a Complaint
A. Any student who believes he/she has been discriminated against or harassed should report his/her concern promptly to the Principal/Affirmative Action Officer. Students who are unsure whether discrimination or harassment has occurred are encouraged to discuss the situation with the Principal/Affirmative Action Officer.
B. School staff is expected to report possible incidents of discrimination or harassment of students to the administration. Parents and other adults are also encouraged to report any concerns about possible discrimination or harassment of students.
C. Students and others will not be retaliated against for making a complaint. Any retaliation by students or school staff will result in disciplinary measures, up to and including expulsion or dismissal.
D. Students are encouraged to utilize the school unit’s complaint procedure. However, students are hereby notified that they also have the right to report complaints to the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333 (telephone: 207-624-6050) and/or to the federal office for Civil Rights, Regional Director, U.S. Department of Education, SW McCormack POCH Room 222, Boston, MA 02109-4557 (telephone: 617-223-9622).
Complaint Handling and Investigation
A. The Principal/Affirmative Action Officer shall promptly inform the Superintendent and the person(s) who is the subject of the complaint that a complaint has been received.
B. The Principal/Affirmative Action Officer may pursue an informal resolution of the complaint with the agreement of the parties involved. The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of the school unit in light of the particular circumstances and applicable policies and laws.
C. The complaint will be investigated by the Affirmative Action Officer unless the Superintendent chooses to investigate the complaint or designates another person to investigate it on his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the RSU #11 School Board, who should consult with legal counsel concerning the handling and investigation of the complaint.
1. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
2. If the complaint is against an employee of the school unit, any applicable individual or collective bargaining contract provisions shall be followed.
3. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
4. The Principal/Affirmative Action Officer shall keep a written record of the investigation process.
5. The Principal/Affirmative Action Officer may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending.
6. The Affirmative Action Officer shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
7. The investigation shall be completed within 21 business days of receiving the complaint, if practicable.
D. If the Affirmative Action Officer determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:
1. Determine what remedial action is required, if any;
2. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and
3. Inform the student who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
E. If the student’s parents/legal guardians are dissatisfied with the resolution, an appeal may be made in writing to the Superintendent within 14 business days after receiving notice of the resolution. The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate. The Superintendent’s decision shall be final.
Legal Reference: Americans with Disabilities Act (28 CFR § 35.07)
Section 504 of the Vocational Rehabilitation Act (34 CFR § 104.7)
Title IX of the Education Amendments of 1972 (20 SC § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (PL 88-352)
20 USC § 1232g;
34 CFR Part 99
5 MRSA §§ 4571; 4602; 4681 et seq.
20-A MRSA §§ 6001 et seq.
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA - Harassment and Sexual Harassment of Students
Adopted: January 9, 1992
Revised: January 7, 1993; November 2003; December 3, 2009
File: ACAB
HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES
Harassment of school employees because of race, color, sex, sexual orientation, religion,
ancestry or national origin, age, genetic information. r disability is prohibited. Such conduct is a violation ofMSAD #11 Board policy and may constitute illegal discrimination under state and federal laws.
Harassment
Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, religion, ancestry or national origin, age, genetic information or disability. Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal.
Sexual Harassment
Unwelcome sexual advances, suggestive or lewd remarks, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute sexual harassment when:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of an employee's work environment or employee benefits;
B. Submission to or rejection of such conduct by an employee is used as the basis for decisions on employment benefits; and/or
C. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.
Any employee who engages in harassment or sexual harassment will be subject to disciplinary action, up to and including discharge.
All complaints of harassment will be investigated in accordance with the School Employee
Discrimination and Harassment Complaint Procedure.
Notice and Training
Annually, each employee shall receive a copy of this policy and the School Employee Discrimination and Harassment Complaint Procedure. 1bis may be accomplished by including the policy/procedure with employee paychecks or by using other appropriate means to ensure that each employee receives a copy. All newly hired employees shall be provided training about sexual harassment in accordance with Me law.
The Superintendent is responsible for ensuring that the school district complies with all legal requirements for posting, notification and training of employees regarding harassment and sexual harassment.
Legal Reference:
Cross Reference:
Title IX of the Education Amendments of 1972 (20 USC§ 1681 et seq.) Title VI of the Civil Rights Act of 1964 (42 USC§ 2000d)
Americans with Disabilities Act (42 USC§ 12101 et seq.)
Section 504 o(the Vocational Rehabilitation Act of 1973 (29 USC § 794 et seq.)
Title VII (42 USC§ 2000c-2; 29 CPR§ 1604.11)
Age Discrimination in Employment Act (29 USC § 623)
5 MRSA §§ 4602; 4681 et seq.
20-A MRSA § 6553
26 MRSA §§ 806-807
ACAB-R- School Employee Discrimination and Harassment Complaint
Procedure
AC- Nondiscrimination/Equal Opportunity and Affirmative Action
ACAD - Hazing
Adopted: Revised:
November 2003
October 6, 2005; December 3, 2009, September 11, 2011
.. J .
File: ACAB-R
EMPLOYEE DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE
This procedure has been adopted by the MSAD #11 Board in order to provide a method of prompt and equitable resolution of employee complaints of discrimination and harassment as described in policies AC-Nondiscrimination/Equal Opportunity and Affirmative Action and ACAB - Harassment and Sexual Harassment of School Employees.
Definitions
For purposes of this procedure:
A. "Complaint" is defined as an allegation that an employee has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, genetic information or disability; and
B. "Discrimination or harassment,means discrimination or harassment on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, genetic information or disability.
How to Make a Complaint
A. Any employee who believes he/she has been harassed or discriminated against is encouraged to try to resolve the problem by informing the individual(s) that the behavior is unwelcome or offensive and by requesting that the behavior stop. This shall not prevent the employee, however, from making an immediate formal complaint.
B. Any employee who believes he/she has been discriminated against or harassed should report their concern promptly to their supervisor/administrator. If the employee is uncomfortable reporting concerns to their supervisor/administrator, he/she may report the concern to the Affirmative Action Officer. The report should be made in writing.
Employees who are unsure as to whether unlawful discrimination or harassment has occurred are encouraged to discuss their concerns with their supervisor/administrator. Employees will not be retaliated against for reporting suspected discrimination or harassment.
C. Any employee who believes he/she has been discriminated against or harassed is encouraged to utilize the school district's complaint procedure. However, employees are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333 (telephone: 207-624-6050) and/or to the federal Office for Civil Rights, Regional Director, U.S. Department of Education, S.W. McCormack POCH Room 222, Boston, MA 02109-4557 (telephone: 617-223-9622).
Complaint Handling and Investigation
A. The Supervisor/Administrator will promptly inform the Superintendent and the person who is the subject of the complaint that a complaint has been received.
B. The Supervisor/Administrator may pursue an informal resolution of the complaint with the agreement of the parties involved. The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of the school district in light of applicable policies and law.
C. The complaint will be investigated by the Supervisor/Administrator, unless the Superintendent chooses to investigate the complaint or designates another person to investigate it on his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor's authority;, Any. complaint about the Superintendent should be submitted to the Chair- of the MSAD #11 School Board, who should consult with legal counsel concerning the handling and investigation of the complaint.
1. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
2. If the complaint is against an employee of the school district, any rights conferred under an applicable collective bargaining agreement shall be applied.
3. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
4. The Supervisor/Administrator shall keep a written record ofthe investigation process.
5. The Supervisor/Administrator may take interim remedial measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk of further harassment while the investigation is pending.
6. The Supervisor/Administrator shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
7. The investigation shall be completed within 21 days of receiving the complaint, if practicable.
D. If the Supervisor/Administrator determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:
1. Determine what remedial action is required, if any;
2. Determine what disciplinary action should be taken against the person(s)
who engaged in harassment, if any; and
3. Inform the employee who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
E. If the employee who made the complaint is dissatisfied with the resolution, he/she may appeal to the Superintendent within 14 calendar days after receiving notice of the resolution. The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate. The Superintendent's decision shall be final.
Legal Reference: Americans with Disabilities Act (28 CFR § 35.07)
Section 504 of the Vocational Rehabilitation Act (34 CFR § 104.7)
Title IX of the Educational Amendments of 1972 (34 CFR § 106.8(b) Age Discrimination in Employment Act (34•cFR § 110.25)
Maine Human Rights Act (5 MRSA § 4571 et seq., 4681 et seq.)
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAB - Harassment and Sexual Harassment of School Employees
Adopted: December 3, 2009, September 11, 2011
File: ACAD
HAZING
Maine statute defines injurious hazing as “any action or situation, including harassing behavior, that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in a public school.”
Injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with this school unit, are inconsistent with the educational process and shall be prohibited at all times.
“Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member.
“Acts of intimidation” include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and property damage or theft.
No administrator, faculty member, or other employee of the school unit shall encourage, permit, condone, or tolerate injurious hazing activities. No student, including leaders of students’ organizations, shall plan, encourage, or engage in injurious hazing activities.
Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures. Administrators, professional staff, and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal.
In the case of an organization affiliated with this school unit that authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with the school unit.
Persons not associated with this school unit who fail to abide by this policy may be subject to ejection from school property and/or other measures as may be available under the law.
These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject.
The Superintendent/designee shall be responsible for administering this policy. In the event that an individual or organization disagrees with an action—or lack of action—on
the part of the Superintendent/designee as he/she carries out the provisions of this policy, that individual or organization may appeal to the RSU #11 Board. The ruling of the RSU #11 Board with respect to the provisions of this policy shall be final.
This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements.
A copy of this policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students.
Legal Reference: 20-A MRSA § 6553
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
ACAB - Harassment and Sexual Harassment of Employees
JICIA - Weapons, Violence and School Safety
Adopted: October 19, 1994
Revised: April 12, 2001; October 6, 2005; December 3, 2009
File: ACE
ACCOMMODATING MEMBERS OF THE PUBLIC WITH DISABILITIES
It is the RSU #11 Board’s intent that no qualified individual with a disability, including qualified members of the public with disabilities, shall, on the basis of his/her disability, be excluded from participation in or be denied the benefits of the services, programs, or activities offered by the unit (including public meetings run by the unit), nor shall any such individual be subjected to discrimination by the unit
RSU #11 shall make reasonable modifications in policies, practices, or procedures to provide auxiliary aids and services (such as interpreters, note takers and other such assistance) and relocate or modify meeting facilities, when necessary, to avoid discrimination on the basis of disability, unless making the modifications or providing the assistance would fundamentally alter the nature of the service, program, or activity.
Individuals requesting a specific accommodation are asked to notify RSU #11’s Affirmative Action Officer or Superintendent of Schools sufficiently in advance of the meeting or program to enable the unit to evaluate the request and arrange those necessary accommodations.
This policy shall be interpreted consistent with state and federal law requiring nondiscrimination against qualified persons with disabilities and with RSU #11 Board Policy AC—Nondiscrimination/Equal Opportunity and Affirmative Action.
Adopted: December 1999
Revised: February 3, 2000; March 25, 2003; October 6, 2005; December 3, 2009
File: ACE-R
GRIEVANCE PROCEDURE FOR PERSONS WITH DISABILITIES
The RSU #11 School Board has adopted this grievance procedure to provide a local avenue for persons with disabilities to raise concerns about whether the school unit is fully meeting its obligations under state and federal laws to protect persons with disabilities. This procedure is intended to meet the requirements of the federal Rehabilitation Act (34 CFR § 104.7(b)) and the federal Americans with Disabilities Act (28 CFR § 35.107(b)).
Questions about this grievance procedure should be directed to the ADA/504 compliance coordinator, the Assistant Special Education Director, 150 Highland Ave., Gardiner, ME 04345, 207-582-7366
Step One
A person with an identifiable disability, or someone acting on that person’s behalf, may file a written grievance regarding compliance with state or federal disabilities laws with the building principal where the grievance arose, or with the ADA/504 compliance coordinator. If filed with the ADA/504 compliance coordinator, that person shall forward it to the appropriate building principal. No grievance will be heard if it involves actions that occurred more than 60 days prior to the filing of the grievance.
The building principal, after consultation with the ADA/504 compliance coordinator, shall respond in writing to the grievance within 15 working days of its receipt. Extensions of 15 working days may be allowed if necessary to address fully the issues in the grievance. The principal’s written response shall be forwarded to the grievant and to the ADA/504 compliance coordinator.
Step Two
If dissatisfied with the response, the grievant may obtain a review by the Superintendent of the principal’s decision.
The grievant must request that review within 15 working days of the decision by the principal. The Superintendent, after consultation with the ADA/504 compliance coordinator, shall respond in writing to the grievance within 15 working days. Extensions of 15 working days may be allowed when necessary to address fully the issues in the grievance. The Superintendent’s written response shall be forwarded to the grievant and to the ADA/504 compliance coordinator.
[NOTE: Except for grievances regarding physical alterations to school buildings or grounds, the decision of the Superintendent shall be final. In the case of grievances regarding physical alterations to school buildings or grounds, a dissatisfied grievant may obtain a review by the RSU #11 School Board of the Superintendent’s decision.
The grievant must request that review within 15 working days of the decision by the Superintendent. The RSU #11 School Board shall have a reasonable time to schedule a meeting on the grievance and to issue its decision.
Nothing in this grievance procedure in any way forecloses a person with a disability from seeking redress for their concerns at any time through other legal avenues, such as through the Office for Civil Rights, the Department of Justice, the Maine Human Rights Commission or the Maine Department of Education.
Questions about other legal avenues available for persons with disabilities to pursue compliance concerns under various disabilities laws should be directed to the ADA/504 compliance coordinator, the Assistant Special Education Director, 150 Highland Ave., Gardiner, ME 04345, 207-582-7366.
This notice is available in large print and on audio tape from the ADA/504 compliance coordinator.
Adopted: December 3, 2009
File: AD
EDUCATIONAL PHILOSOPHY
As advocates for children, the RSU #11 Board recognizes that the thorough and efficient education of children is its primary statutory-based responsibility. To this end, the RSU #11 Board considers proper and adequate support of schools to be a civic responsibility shared by all citizens.
The school unit will provide an educational environment designed to encourage each student to acquire the necessary skills and perspectives needed for a meaningful life and career. All schools will strive to encourage students to form desirable habits that are necessary for them to become responsible, informed citizens. In general, we aim to have students develop attitudes and practices necessary for satisfying, worthwhile lives.
We believe that all children must be provided equal but not identical opportunities to allow them to achieve at levels commensurate with their abilities. We believe that all students must learn in an environment which allows them to develop positive attitudes toward themselves and genuine respect for others.
A rigorous core curriculum designed to achieve specific learning outcomes will be provided. It will be planned with the goal of creating and maintaining standards which will furnish students with the skills necessary for success in a global society, while giving them a broad educational foundation compatible with their interests, aptitudes and aims. The curriculum and graduation requirements will be regularly evaluated to ensure their continued appropriateness.
In order to achieve our goals and to implement this philosophy, we believe that all schools must secure the involvement of the community, students, staff, parents and citizens. Educational responsibility must be shared with important community institutions. We strongly believe that our school system’s success depends on good rapport and cooperation with our communities and its institutions.
The RSU #11 Board recognizes the professional staff as the body that is legally charged with the responsibility of providing education to all children. In fulfilling this responsibility, the staff will seek to ensure the following.
A. All children will master basic skills in the areas of language arts, mathematics, science, history, technology, health/physical education, music and the arts.
B. Instruction will be provided which is appropriate to each individual with respect to goals, methodology and evaluation.
C. Students will be seen in their totality as physical, mental and social, and aesthetic beings, which requires knowledge of child growth and development.
D. Staff members, in order to effectively execute their responsibilities, will establish goals for themselves consistent with the philosophy of the RSU #11 Board and individual schools. Staff members will engage in a self-evaluation process for the purpose of self-improvement--the ultimate objective being an improved instructional program for all students.
E. The RSU #11 educational community recognizes that becoming a well prepared, productive citizen demands that students learn how to cope with change and realize that "learning" is a continuous process.
The RSU #11 Board fully accepts the responsibility of formulating policies and acquiring adequate funding to support the education process. The RSU #11 Board will always consider the welfare of students as the single most important factor in making decisions relative to educational policy.
Legal Reference: 20-A MRSA, §§ 1001(1-A); 4511(3)(A)
Adopted: October 6, 2005; December 3, 2009
File: ADA
SCHOOL UNIT GOALS AND OBJECTIVES
The RSU #11 Board recognizes its responsibility to set goals for the efficient operation of the school unit. In discharging this responsibility, the RSU #11 Board will strive to ensure that the resources of the unit are directed toward meeting the educational needs of each eligible student.
The RSU #11 Board will develop annual goals based on input solicited from a variety of sources. These goals will be shared with the community, the staff, and the students. The administration shall develop appropriate objectives designed to achieve the stated priorities.
The RSU #11 Board will regularly evaluate progress toward meeting the goals and will adopt appropriate policies designed to facilitate their accomplishment.
Legal Reference: 20-A MRSA § 4511(3)(A)
Adopted: August 6, 1992
Revised: October 6, 2005; December 3, 2009
File: ADAA
SCHOOL SYSTEM COMMITMENT TO STANDARDS
FOR ETHICAL AND RESPONSIBLE BEHAVIOR
The RSU #11 School Board believes that promoting ethical and responsible behavior is an essential part of the school unit’s educational mission. The RSU #11 Board recognizes that ethics, constructive attitudes, responsible behavior, and “character” are important if a student is to leave school as a “responsible and involved citizen,” as described in the Guiding Principles of the Maine Learning Results. The RSU #11 Board also recognizes that Maine law requires the adoption of a unit wide student code of conduct consistent with statewide standards for student behavior developed by the Commissioner of the Department of Education in compliance with 20-A MRSA § 254(11).
The RSU #11 Board seeks to create and maintain a school climate in which ethical and responsible behavior can flourish. The RSU #11 Board believes that instilling a sense of ethics and responsibility in students requires setting positive expectations for student behavior as well as establishing disciplinary consequences for behavior that violates RSU # Board policy or school rules. Further, the RSU #11 Board believes that in order to teach ethical and responsible behavior, adults who interact with students must strive to model and reinforce ethical and responsible behavior. To that end, the RSU #11 Board supports an active partnership between schools and parents.
Recognizing that collaboratively identified core values are the foundation for a school culture that encourages and reinforces ethical and responsible student behavior, the RSU #11 Board is committed to the establishment and implementation of a process for identifying shared values and setting and enforcing standards for behavior, including prescription of consequences for unacceptable behavior. The process for identifying such shared values will invite and include the participation of RSU #11 Board members, school administrators, staff, parents, students, and the community. Core values will be reviewed periodically, with opportunity for public participation. The RSU #11 Board will direct the Superintendent/designee to develop a process to assess school system progress toward achievement of an ethical and responsible school culture.
Following the identification of core values, the RSU #11 Board, with input from administrators, staff, parents, students, and members of the community, will adopt a Student Code of Conduct consistent with statewide standards for student behavior that shall, as required by law:
A. Define unacceptable student behavior;
B. Establish standards of student responsibility for behavior;
C. Prescribe consequences for violation of the Student Code of Conduct, including first-time violations, when appropriate;
D. Describe appropriate procedures for referring students in need of special services to those services;
E. Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on removal of the student from class;
F. Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and
G. Establish guidelines and criteria concerning the appropriate circumstances when the Superintendent/designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property.
The Student Code of Conduct will be reviewed periodically by the RSU #11 School Board, with input from administrators, staff, parents, students, and members of the community.
Students, parents, staff, and the community will be informed of the Student Code of Conduct through handbooks and/or other means selected by the Superintendent/designee.
Ethics and Curriculum
The RSU #11 Board encourages examination and discussion of ethical issues within content areas of the curriculum, as appropriate. The RSU #11 Board also encourages school administrators and staff to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities such as problem solving, service learning, peer mediation, and student government/leadership development.
Legal Reference: 20-A MRSA §§ 254; 1001 (15)
Adopted: January 8, 2004
Revised: October 6, 2005; December 3, 2009
File: ADC-R
TOBACCO USE AND POSSESSION ADMINISTRATIVE PROCEDURE
The purpose of the following administrative procedure is to effectuate the mandates imposed by the various federal and state laws in addition to this RSU #11 Board’s “Tobacco Use and Possession” policy.
I. PROHIBITED CONDUCT
A. Students
The use, possession, sale, dispensing or distribution of tobacco products by all students is prohibited in school buildings and facilities, during school-sponsored events, on school grounds and buses, and at all other times.
B. Employees and All Other Persons
The use of tobacco products by employees and all other persons is prohibited in school buildings, facilities, and on school buses during school-sponsored events and at all other times on school grounds. In addition, employees and all other persons are strictly prohibited, under law and this RSU #11 Board’s policy/administrative procedure, from selling, dispensing, or distributing tobacco products to students.
II. ENFORCEMENT
In order to enforce the tobacco products policy, the following guidelines shall be utilized by the Principal of a school in which prohibited conduct occurs. The Principal shall report any violations of this policy/procedure, as promptly as practicable, to the Superintendent.
A. Student Violations
1st Violation
1. Parents/legal guardians shall be sent written notice regarding the tobacco violation which shall be signed by the parent/legal guardian and returned to the school.
2. The student may be suspended for up to five days, depending on the situation and the age of the student.
3. The Superintendent/designee may refer students to the Law Enforcement Agency for use or possession of tobacco or tobacco products as he/she deems necessary. However, the Superintendent/designee shall refer to the Law Enforcement Agency any student reasonably suspected of selling, dispensing, or distributing tobacco products.
4. The student will not be allowed to participate in any extracurricular activities as outlined in the student/athletic handbooks. When applicable, the student must attend athletic practices but cannot compete in any events during the suspension/detention period as outlined in the respective handbooks.
2nd Violation
1. Parents/legal guardians shall be sent written notice regarding the tobacco violation which shall be signed by parent/legal guardian and returned to the school. A parent/legal guardian shall also be required to meet with the Principal within five days of the violation.
2. The student may be suspended for five to ten days, depending on the situation and the age of the student.
3. The Superintendent/designee may refer students to the Law Enforcement Agency for use or possession of tobacco or tobacco products as he/she deems necessary. However, the Superintendent/designee shall refer to the Law Enforcement Agency any student reasonably suspected of selling, dispensing, or distributing tobacco products.
4. Restrictions on extracurricular activities are as outlined above.
3rd Violation
In addition to the above identified sanctions, students may be removed from extracurricular activities for the remainder of the year and may be referred to the RSU #11 School Board for expulsion.
C. Other Persons in Violation
All other persons violating this policy (e.g., employees, visitors) shall be immediately directed to cease volatile behavior. In addition, all persons suspected of selling, distributing or in any way dispensing tobacco products to students shall be referred to a law enforcement agency.
Any employee violating this policy shall be subject to appropriate disciplinary measures.
III. NOTICES
This RSU #11 Board’s policy and corresponding disciplinary actions for infractions of this policy shall be printed in employee and student handbooks. Parents/guardians shall also be sent notification in writing of this RSU #11 Board’s tobacco policy and administrative procedures. A tobacco free campus statement shall be read at the beginning of each adult education course and at each athletic contest. Those adults using tobacco products at games or events will be asked by police or administration to extinguish any such products. Tobacco free signs will be posted at all entrances of school buildings, school playgrounds, and athletic fields.
IV. PROHIBITIONS AGAINST ADVERTISING
RSU #11 prohibits any form of tobacco advertising in school buildings, at school functions, and in school publications. Moreover, students are prohibited from wearing or displaying any type of tobacco promotion material. Students wearing such clothing will be asked to remove or change the inappropriate apparel.
Legal Reference: 20 USC § 6081-6084 (Pro-Children Act of 1999-Goals 2000)
22 MRSA 9 1578-B
ME IPL 470 (An Act to Reduce Tobacco Use by Minors)
Adopted: December 3, 2009
File: ADC
TOBACCO USE AND POSSESSION
In order to promote the health, welfare and safety of students, staff and visitors and to promote the cleanliness of RSU #11 facilities, the RSU #11 Board prohibits smoking and all other use of tobacco products in school buildings and other school unit facilities, on school buses, and on school grounds at all times by all persons.
In addition, students are further prohibited from possessing, selling, distributing or dispensing tobacco products in school buildings, facilities and on school grounds and buses during school-sponsored events and at all other times.
Employees and all other persons are also strictly prohibited, under law and RSU #11 Board policy, from selling, distributing or in any way dispensing tobacco products to students.
Legal Reference: 22 MRSA §§ 1578(B), 1580(A)(3)
Me. PL 470 (An Act to Reduce Tobacco Use By Minors) 20 USC 6081-6084 (Pro-Children Act of 1994)
Adopted: May 2, 2002
Revised: October 6, 2005
Reviewed: April 3, 2008; December 3, 2009
File: ADF
SCHOOL UNIT COMMITMENT TO LEARNING RESULTS
RSU #11 hereby adopts Maine’s system of Learning Results. The Learning Results system is intended to serve as a foundation for education reform and to promote and provide assessment of student learning, accountability and equity. The RSU #11 Board recognizes that the legislative intent of the learning results system is to provide children with schools that reflect high expectations and create conditions where these expectations can be met.
The RSU #11 Board understands that implementation of the Learning Results system and the mandate to provide all students with equitable opportunities to meet the content standards of the system of Learning Results have broad implications for the school unit, including curriculum, budget, professional development, student assessment, professional evaluation, and graduation requirements. Therefore, the RSU #11 Board is committed to examining its policies and school system practices to ensure that they are consistent with the intent and goals of the learning results system. This will require a concerted and coordinated effort involving the RSU #11 Board, the Superintendent, administrators, teachers, parents, students, and the community.
The RSU #11 Board directs the Superintendent to develop a plan and timeline for implementing the learning results system, and any appropriate administrative procedures. The RSU #11 Board further directs the Superintendent to report to the RSU #11 Board on a regular basis on progress toward implementing the Learning Results system.
Legal References: 20-A MRSA §§ 1001(6), 6208-6209
L.D. 1536, Chapter 51 Resolves
Ch. 127 § 3 (Me. Dept. of Ed. Rule)
Ch. 131 (Me. Dept. of Ed. Rule)
Adopted: June 3, 1999
Revised: October 6, 2005; December 3, 2009
File: AEC
ACCOMPLISHMENT REPORTING TO THE PUBLIC
The RSU #11 Board is conscious of its responsibility for making informed decisions that will impact student learning and school system operations. As an elected body, the RSU #11Board recognizes that it is accountable to the citizens of the school unit for its decisions and the educational achievement of its students. Basic to accountability is the reporting of data concerning student achievement and, in general, the operations of the schools.
The RSU #11Board directs the Superintendent to prepare appropriate reports that will provide the RSU #11 Board with the information it needs to make appropriate policy and planning decisions and to keep the public informed regarding the academic progress of its students, the effectiveness of school programs, and the needs of the school system. As practicable, the Superintendent may combine such reports into a single document and/or presentation or use multiple reporting processes, depending upon the nature of the information. Such reports shall be made available to the public pursuant to the Freedom of Access Law.
The Superintendent shall also be responsible for gathering and submitting data to the Maine Department of Education (DOE) and other agencies as required by law and/or regulations, and for preparing and disseminating reports to the RSU #11 Board and the public in compliance with applicable laws and/or regulations. Data collated by the State shall be incorporated into reports to the Board and/or public as mandated by law and/or regulations.
Unit Annual Report
Each year the Superintendent shall prepare and present to the RSU #11 Board an annual report addressing the activities of the school unit and his/her recommendations for improving student learning and school system operations. The report shall be made available to the public as a means of informing parents and citizens of the school system’s goals, plans, programs and operations.
Comprehensive Plan Report
Each school unit must develop and implement a comprehensive education plan that is aligned with Maine’s system of Learning Results, focused on the learning of all students and oriented to continuous improvement. The Superintendent shall make an annual report to the RSU #11 Board and public on the school system’s Comprehensive Education Plan and school improvement progress. The RSU #11 Board shall annually review and approve the Comprehensive Education Plan.
Local Assessment System
The Superintendent/designee, with the assistance of appropriate staff, will prepare for the RSU #11 Board’s review and for dissemination to the public on an annual basis the results of the Local Assessment System. The purpose is to enable the RSU #11 Board and public to monitor student progress in achieving the content standards of the system of Learning Results and to make informed decisions concerning the instructional program and allocation of resources.
Unit Report Cards
In compliance with federal law and regulations, and to provide relevant information concerning the academic performance of the school system and of its individual schools, the Superintendent shall be responsible for annually collecting and submitting required data and for preparing and making available to schools, the parents of children in those schools, and the public a “unit report card.”
As required by federal law, unit report cards shall contain the following information:
A. Aggregate data on student achievement at each proficiency level on state academic assessments and disaggregated data reflecting race, ethnicity, gender, disability, migrant status, English proficiency and status as economically disadvantaged;
B. Comparison of these student groups regarding achievement levels on each of the State assessments;
C. Percentage of students not tested, disaggregated by student groups;
D. Most recent two-year trend data in achievement by subject area and grade level in areas where assessments are required;
E. Aggregate data on state indicators to determine Adequate Yearly Progress (AYP), such as attendance rates for elementary schools;
F. Graduation rates for secondary schools, disaggregated by student groups;
G. Information on the school unit’s performance relevant to Adequate Yearly Progress (AYP) and the number, percentage and names of schools identified for improvement, including how long they have been so identified;
H. Professional qualifications of teachers and percentage of teachers with emergency or provisional qualification;
I. Percentage of classes not taught by highly qualified teachers, in the aggregate and disaggregated by high poverty and low poverty level schools; and
J. Comparison of the school unit’s student achievements on state
assessments and other indicators of Adequate Yearly Progress (AYP) to students in the state as a whole.
As applied to data for individual schools, the unit report card will include the following information:
A. The same information contained in the unit report card;
B. Whether the school has been identified for school improvement; and
C. Information that shows how the school’s students’ achievement on the statewide academic assessments and other indicators of Adequate Yearly Progress (AYP) compared to students in the school unit and the state as a whole. (20 U.S.C. § 6311(h)(2)(B)).
Responsibilities Associated with Unit
The Superintendent/designee shall be responsible for:
A. Updating and submitting required information;
B. Providing unit report cards to parents of students in the unit’s schools in an understandable and uniform format and, to the extent practicable, in a language the parents can understand; and
C. Making unit and school report cards widely available through public means, such as distribution to the media, posting on the Internet, and distribution through public agencies.
Financial Reports
The Superintendent/designee shall provide to the RSU #11 Board and public reports concerning the financial condition of the school system.
Other Reports
The RSU #11 Board may request, and the Superintendent/designee shall provide, to the RSU #11 Board and/or public other reports related to school system goals and objectives, the instructional program, and operations of the schools.
Legal References: 20 U.S.C. § 6311 (No Child Left Behind Act)
20-A M.R.S.A. §§ 4502(1), (6)
Ch. 125, 127 (Me. Dept. of Ed. Rules)
Cross References: KD/Public Information and Communications
Adopted: October 6, 2005; December 3, 2009
Choose a policy from the list below.
File: BB
SCHOOL BOARD LEGAL STATUS
Recognizing that“a general diffusion of the advantages of education is essential to the preservation of rights and liberties of the people," the Constitution of the State of Maine declares that the Legislature has the duty to require communities to provide for the support and maintenance of public schools in order to further this objective. Maine law establishes a State Department of Education to supervise a coordinated system of public education, a Commissioner to enforce regulatory requirements and to provide technical assistance and educational leadership, and a State Board of Education to act as a body with certain policymaking, administrative and advisory functions, but places the responsibility for control and management of public schools with locally elected School Committees, School Boards or Boards of Directors. Thus, M.S.A D. #11 derives its legal authority from the State's Constitution, state statutes, and regulations of the State Board of Education, as well as Federal laws and regulations.
By custom and tradition, local School Boards have responsibilities to the local citizenry they serve and which elect them to office. Recognizing this parallel concept of authority and responsibility, the Board becomes a policy-making body for the school district serving within the framework provided by law and responding to the will of the local citizenry.
M.S.A D. #11's certificate of organization was issued May 9, 1959. There are 12 members on the Board of Directors, six from Gardiner, two from West Gardiner, two from Pittston, and two from Randolph. Each Director serves for three years, and these terms overlap so that in each year some directorships are vacated and must be resupplied by election. Each director has one vote.
At the first regular board meeting in April of odd numbered years as a part of the Board reorganization procedure, one director is elected to serve as Chair and is the presiding officer at all its meetings.
One director is elected to serve as Vice-chair. In the absence of the Chair, the Vice-chair will assume the role of Acting Chair with all rights and responsibilities of the Chair contained therein.
Legal Reference: 20-A MRSA §§ 1001, 1251 et seq.
Cross Reference: BDB - Board Officers
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
MSAD #ll
File: BBA
SCHOOL BOARD POWERS AND RESPONSIBILITIES
The MSAD #11 School Board shall have general charge of all the public schools of this district and shall exercise such other responsibilities as specifically provided by law.
The MSAD #11 Board shall concern itself primarily with broad questions of policy rather than with administrative details. The application of policies is an administrative task to be performed by the Superintendent and his/her staff, who shall be held responsible for the effective administration and supervision of the entire school system.
The MSAD #11 Board, functioning within the framework of laws, court decisions, attorney generals' opinions, and similar mandates from the state and national levels of government, and recognizing the authority of the state, fulfills its mission as the governing body of a political subdivision by acting as follows in the execution of its duties:
A. Enacts policy;
B. Selects, employs and evaluates the Superintendent;
C. Provides for the planning, expansion, improvement, financing, construction and maintenance of the physical plant of the school system;
D. Prescribes the minimum standards needed for the efficient operation and improvement of the school system;
E. Requires the establishment and maintenance of records, accounts, archives, management methods and procedures incidental to the conduct of school business;
F. Approves the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business;
G. Estimates the funds necessary from taxes for the operation, support, maintenance and improvement of the school system;
H. Adopts courses of study;
I. Provides staff and instructional aids;
J. Evaluates the educational program to determine the effectiveness with which the schools are achieving the educational purposes of the school system;
K. Provides for the dissemination of information relating to the schools necessary for creating a well-informed public; and
L. Approves/disapproves personnel nominations from the Superintendent and determines (where appropriate via collective bargaining) compensation and working conditions of all staff.
Legal Reference: 20-A MRSA § 1001
Adopted: October 1, 1992
Revised: May 2003; June 15, 2006
File: BBAA
BOARD MEMBER AUTHORITY AND RESPONSIBILITIES
Members of the MSAD #11 Board have authority only when acting as a board legally in session. The MSAD #11 Board shall not be bound in any way by any action or statement on the part of any individual MSAD #11 Board member except when such statement or action is in pursuance of specific instructions from the MSAD #11 Board.
Legal Reference: 20-A MRSA §§ 1001-1003
Adopted: October 1, 1992
Revised: June 15, 2006
MSAD #ll
File: BBAB
MSAD #11 SCHOOL BOARD SELF-EVALUATION
As an elected body, the MSAD #11 Board is accountable to the public for the education of its children and the stewardship of the school district’s resources. The MSAD #11 Board recognizes that in order to be most effective in its governance role, it should continuously monitor and evaluate its own performance, processes, and practices. The MSAD #11 Board believes that periodic self-evaluation is essential to improved leadership, support of student achievement, and the attainment of the school district’s vision and goals.
The MSAD #11 Board will annually conduct a self-evaluation at a scheduled time and place. The MSAD #11 Board encourages all of its members to attend. MSAD #11 Board will strive to not take up any other business at this session. Consistent with the Freedom of Access Act, the MSAD #11 Board’s self-evaluation will be held in open session. The Superintendent is expected to participate in the process.
During self-evaluation, the MSAD #11 Board will evaluate itself as a whole. The self-evaluation should emphasize areas of strength as well as those identified for improvement. MSAD #11 Board members are encouraged to use the evaluation process as an opportunity to assess their own personal performance.
The MSAD #11 Board will determine the areas of competence and/or MSAD #11 Board responsibilities and relationships that will be used as the basis for the self-evaluation. The MSAD #11 Board will select an evaluation method or instrument that will include a reasonable number of criteria or performance indicators by which to appraise the MSAD #11 Board’s functioning and effectiveness. The MSAD #11 Board may also identify specific topics for discussion that are related to its meeting processes, communications, MSAD #11 Board-Superintendent relations, and “boardsmanship” skills.
The MSAD #11 Board may seek the assistance of the Superintendent in identifying standards for assessment and topics for discussion and/or in selecting an evaluation method or instrument that meets its needs.
If a self-evaluation instrument/form is used, a composite profile of responses may be tabulated to provide a more detailed analysis of MSAD #11 Board performance. As no single instrument or form may encompass all of the MSAD #11 Board’s responsibility or sufficiently address the relationship between responsibilities, the MSAD #11 Board need not limit itself to those items that appear on the instrument or form, but should use it as means of structuring and stimulating MSAD #11 Board discussion.
A different method or instrument may be used from year to year, but must be agreed upon by a majority of the MSAD #11 Board.
The areas of MSAD #11 Board responsibility and relationships that may be appropriate to consider during the self-evaluation may include but are not limited to:
A. MSAD #11 Board “visioning,” strategic planning, and long-range planning skills and processes;
B. MSAD #11 Board meeting management, conduct, and decision-making processes;
C. Policy development and implementation;
D. Fiscal oversight and resource allocation;
E. Oversight of curriculum and instruction;
F. Monitoring of student achievement;
G. MSAD #11 Board subcommittee structure, responsibilities, and processes;
H. MSAD #11 Board member development;
I. New MSAD #11Board member orientation;
J. MSAD #11 Board-Superintendent relations;
K. MSAD #11 Board-community relations and communications;
L. MSAD #11 Board relations with the media; and
M. MSAD #11 Board legislative involvement and advocacy.
Following a discussion of the evaluation results [OR: discussion of identified topics], the MSAD #11 Board will establish priorities and objectives for the following year’s self-evaluation.
The MSAD #11 Board may, as desired, schedule interim self-evaluation sessions to assess progress toward achieving identified priorities and objectives.
Adopted: April 2, 2009
File: BBBA
BOARD MEMBER QUALIFICATIONS
A person is legally qualified to become a member of the MSAD #11 Board if he/she is a United States citizen, a resident of the State of Maine, a qualified voter in the community or ward thereof by and from which he/she is elected and at least 18 years of age.
Elections shall be nonpartisan. Candidates' qualifications, residency requirements and proper nomination procedures shall be the same as for candidates for city or town council.
No member of the MSAD #11 Board or spouse shall be an employee in any public school within the system.
Legal Reference: 30-A MRSA § 2526
20-A MRSA § 1002(2)
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BBBDA
BOARD-DECLARED VACANCY CAUSED BY ABSENTEEISM
When a member must be absent from a regular and/or bimonthly meeting of the MSAD #11 School Board for any reason, that member shall contact the Board Chair and request to be excused from the meeting; if the Chair must be absent, he/she shall contact the Vice Chair. The Chair (or Vice Chair) shall determine whether or not the request shall be granted, unless otherwise ruled by a majority of the MSAD #11 Board. The minutes of each meeting shall reflect the names of the members present, those absent with excuse (if any) and those absent without excuse (if any).
The MSAD #11 Board shall take the following action when a member is absent without excuse.
A. After two consecutive unexcused absences from regular meetings, the member shall be notified in writing by certified mail by the MSAD #11 Board informing him/her that a third consecutive unexcused absence from a regular meeting will constitute cause for the MSAD #11 Board to consider declaring his/her seat on the Board vacant.
B. After three consecutive unexcused absences from regular and/or bimonthly meetings, the MSAD #11 Board shall notify said member in writing by certified mail that the MSAD #11 Board will consider declaring his/her seat vacant at the next regular meeting of the MSAD #11 Board or at a special meeting called for the purpose of considering this matter.
C. At the meeting where the declaration of a vacancy, in accordance with this policy, is being considered, the MSAD #11 Board member who is the subject of the action shall be provided the opportunity to present his/her reasons why the MSAD #11 Board should not declare a vacancy.
D. Following the deliberation outlined in sections B and C of this policy, the MSAD #11 Board shall vote whether or not to declare a vacancy.
E. Should a vacancy be declared in accordance with this policy, the vacancy shall be filled in accordance with the appropriate provisions of MRSA Title 20-A.
F. An absence for any of the following reasons shall be routinely considered an excused absence: Illness of the member or members of his/her immediate family, death in the member's family, a short-term family obligation, or an unavoidable commitment related to the member's employment (so long as such a commitment is not of the type which prevents the member from attending on a regular basis). Absences for reasons other than those identified above shall be considered by the MSAD #11 Board on an individual basis.
Legal Reference: 20-A MRSA § 1254
Adopted: October 1, 1992
Revised: June 15, 2006; December 6, 2007
File: BBBE
UNEXPIRED TERM FULFILLMENT/VACANCIES
A vacancy shall be declared when the term of office of an MSAD #11 school board member expires, when a MSAD #11 school board member changes residency from the municipality from which elected, upon the death of a MSAD #11 school board member, when a MSAD #11 school board member resigns, or, except in municipalities having a municipal charter, when a MSAD #11 school board member is absent without excuse for three (3) consecutive regular monthly board meetings. The MSAD #11 School Board shall notify the municipal officers of the municipalities within the district before the annual town meetings or before regular city elections of the vacancies. The municipal officers shall then select an interim MSAD #11 school board member to serve until the next election.
Legal Reference: 20-A MRSA § 1254
Adopted: October 1, 1992
Revised: June 15, 2006
File: BCA
BOARD MEMBER CODE OF ETHICS
Having accepted the challenge of service on the MSAD #11 School Board members also accept the principles set forth in the following Code of Ethics to guide them in helping to provide the best possible education for each child in the District.
Boards of education are more than a collection of individuals elected to represent a specific segment of the District. They function as a group. All policies and decisions are group decisions. Therefore, effective functioning requires an awareness on the part of each member of his/her responsibilities to the group. The MSAD #11 Board expects all of its members will:
A. Endeavor to attend every regular and special MSAD #11 Board meeting, recognizing that their presence means better discussions and decisions, as well as representation for their municipality;
B. Recognize that their responsibility is not to operate the schools but to see that they are well operated;
C. Confine their MSAD #11 Board action to policymaking, planning, and appraisal, leaving the administration of the schools to the school Superintendent;
D. Support MSAD #11 Board decisions graciously once they have been made by the majority of the MSAD #11 Board;
E. Make decisions only after all facts bearing on a question have been presented and discussed;
F. Refuse to make promises as to how they will vote on a matter that should properly come before the MSAD #11 Board as a whole;
G. Make no disparaging remarks, in or out of MSAD #11 Board meetings, about other members of the MSAD #11 Board or their opinions;
H. Not discuss the confidential business of the MSAD #11 Board in their homes, on the streets, or in their offices - the place for such discussion being the MSAD #11 School Board meeting;
I. Remember at all times that as individuals they have no legal authority outside the meetings of the MSAD #11 Board, and that they will conduct their relationships with the school staff, the local citizenry, and all media of communications on the basis of this fact;
J. At all times think of children first and base their decisions on how they will affect children, their education, and their training;
K. Endeavor at all times to see that schools have adequate financial support within the capabilities of the community and state, in order that every child may receive the best possible education;
L. Welcome and encourage cooperation and participation by teachers, administrators, and other personnel in developing policies that affect their welfare and that of the children they serve;
M. Listen to all citizens and handle all complaints in accordance with established MSAD #11 Board policies and publicly discuss such complaints only at a regular meeting;
N. Recognize and willingly accept their role as an advocate in the community for public education and provide leadership in communicating the importance of public education to the community's future growth;
O. Endeavor to participate in MSAD #11 Board-related programs of professional development that will help them to more effectively meet their responsibilities to the community and to the MSAD #11 Board;
P. Come to all meetings fully prepared to conduct the MSAD #11 Board's business by reading, studying, and gathering information relevant to that business; and
Q. Recognize that the nature of the business of the MSAD #11 Board is to seek different viewpoints and to legitimately and fairly represent these differences in setting policy. Therefore, members will respect the differing opinions and points of view represented by their fellow MSAD #11 board members and will work on preventing these differences from creating interpersonal conflicts.
Cross Reference: BCB - Board Member Conflicts of Interest
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BCB
BOARD MEMBER CONFLICT OF INTEREST
A MSAD #11 Board member shall not have any direct or indirect pecuniary interest (as defined by law) in a contract with the school unit, nor shall he/she furnish directly any labor, equipment, or supplies to the unit.
In the event that a MSAD #11 Board member is employed by a corporation or business, or has a secondary interest in a corporation or business which furnishes goods or services to the schools, the MSAD #11 Board member shall declare his/her secondary interest and refrain from debating or voting upon the question of contracting with the company.
It is not the intent of this policy to prevent the school district from contracting with corporations or businesses because a MSAD #11 Board member is an employee of the firm. The policy is designed to prevent the placing of MSAD #11 Board members in a position where their interest in public schools and their interest in their places of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist.
A MSAD #11 Board member may not, during the time the member serves on the MSAD #11 Board and for one year after the member ceases to serve on the MSAD #11 Board, be appointed to any civil office of profit or employment position which has been created or the compensation of which has been increased by the action of the MSAD #11 Board during the time the member serves on the MSAD #11 Board.
A member of the MSAD #11 Board or spouse of a member may not be an employee in a public school within the jurisdiction of the MSAD #11 Board to which the member is elected.
A member of the MSAD #11 Board, or spouse of a member, may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Superintendent, principal, athletic director or other school administrator in a public school within the jurisdiction of the MSAD #11 Board to which the member is elected.
Volunteer activities of a member of the MSAD #11 Board or member's spouse, other than in roles that are prohibited by this section, may be prescribed by policies developed and approved by the MSAD #11 Board.
For the purposes of this policy, the following statutory definitions apply:
A. “Employee" means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for a school administrative district.
B. “Volunteer" means a person who performs personal services for a school administrative district without monetary payments or benefits of any kind or amount.
Legal Reference: 17 MRSA § 3104
20-A MRSA §§ 1002 et seq.; 1051
30-A MRSA §§ 2251; 2604 et seq.
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BCC
NEPOTISM
It shall be the policy of the MSAD #11 Board not to employ personnel to the staff of the school unit when the candidate is a member of the immediate family of a MSAD #11 board member or of the Superintendent. Immediate family, except spouses, employed by the school unit as of the original date of policy adoption, will be excluded from this policy.
No person shall be employed in a position that is within the jurisdiction of an administrative officer who is a member of the immediate family of such person, nor shall any person be employed in a position where a member of the immediate family is responsible, in whole or in part, for the supervision and/or evaluation of the employee.
Whenever a member of the immediate family of any employee is hired, the MSAD #11 Board shall be notified of the relationship.
The MSAD #11 Board may approve an exception to this policy where the MSAD #11 Board determines that granting of such exception is in the best interest of the school system.
For the purpose of this section, the following definitions shall apply.
A. “Administrative Officer” shall mean any person who holds a supervisory position of principal or higher rank.
B. “Member of immediate family” shall mean spouse, brother, sister, parent, son or daughter.
Legal Reference: 20-A MRSA § 1002
Adopted: October 1, 1992
Revised: April 2, 1998; June 15, 2006
File: BDA
BOARD ORGANIZATIONAL MEETING
Reorganization shall be effected at the first regular MSAD #11 Board meeting in April of odd numbered years. At this meeting, the first order of business shall be the election of a Chair and Vice Chair. If more than one candidate is nominated for either position, vote shall be by a show of hands.
The Chair and Vice Chair shall serve until the next organizational meeting, at the pleasure of the MSAD #11 Board. Removal prior to the next organizational meeting shall require a 2/3 vote of the whole MSAD #11 Board.
The MSAD #11 Board Chair shall appoint, at the next regular meeting of the MSAD #11 Board following his/her election or prior to that meeting, five members to each of the MSAD #11 Board’s standing committees (Curriculum, Policy/Personnel, Finance/Facilities, Educational Plan and Negotiations). A member may request reassignment to another standing committee.
The Chair shall also appoint to any advisory committees members of the MSAD #11 Board who shall serve, until the expiration of his/her term, or until the dissolution of the committee, whichever is earliest. A member may request reassignment to another advisory committee after municipal elections or as vacancies occur.
All committees shall be comprised of less than a majority of the MSAD #11 Board.
Cross Reference: BDE – Board Standing Committees
BDF – Board Advisory Committees
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/2/98; 1/8/04; 6/15/2006, 3/1/2012, March 7, 2013
File: BDB
BOARD OFFICERS
Duties of the Chair
The Chair shall preside at all meetings of the MSAD #11 Board and shall perform other duties as directed by law, Maine Department of Education rules, and by this MSAD #11 Board. In carrying out these responsibilities, the Chair shall:
A. Sign the instruments, acts, and orders necessary to carry out state requirements and the will of the MSAD #11 Board;
B. Consult with the Superintendent in the planning of the MSAD #11 Board meeting agendas;
C. Confer with the Superintendent on crucial matters that may occur between MSAD #11 Board meetings;
D. Appoint subcommittees and serve as an ex-officio member of all such committees;
E. Call special meetings of the MSAD #11 Board as necessary;
F. Be the public spokesperson for the MSAD #11 Board at all times except as this responsibility is specifically delegated to others; and
G. Preside at and be responsible for the orderly conduct of all MSAD #11 Board meetings.
As presiding officer at all meetings of the MSAD #11 Board, the Chair shall:
A. Call the meeting to order at the appointed time;
B. Announce the business to come before the MSAD #11 Board in its proper order;
C. Enforce the MSAD #11 Board's policies relating to the order of business and the conduct of meetings;
D. Explain, as appropriate, what the effect of a motion would be;
E. Restrict discussion when a motion is before the MSAD #11 Board;
F. Put motions to a vote and announce the vote result.
The Chair shall have the right, as other MSAD #11 board members have, to offer motions, discuss questions, and vote.
Duties of the Vice-Chair
In the absence of the Chair, the Vice-Chair shall perform all the duties of the Chair and any other duties assigned by the Chair.
Duties of the Secretary
The Superintendent shall serve as Secretary of the MSAD #11 Board, with the right to speak on all questions and offer recommendations. The Secretary shall be responsible for ensuring that records are kept of all business transacted by the MSAD #11 Board at both regular and appropriately called special meetings, and shall perform such other functions as are ordinarily functions of this office.
Legal Reference: 20-A MRSA § 1251.5, 7
Cross Reference: BB - School Board Legal Status
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/10/95; 5/4/95; 6/15/2006
MSAD #ll
File: BDD
BOARD-SUPERINTENDENT RELATIONSHIP
The MSAD #11 Board believes that exercising its legislative function through policymaking is its most important responsibility. The MSAD #11 Board is also responsible for setting the direction for the school district and evaluating progress toward goals.
The management of the schools is the function of the Superintendent. The MSAD #11 Board holds the Superintendent responsible for complying with all applicable laws, rules and regulations; for administering MSAD #11 Board policies and decisions; for the operation of the schools and educational program; for the system of supervision and evaluation of staff; and for keeping the MSAD #11 Board informed about school operations, problems and opportunities. The MSAD #11 Board recognizes that the Superintendent may delegate certain responsibilities to other personnel. Such delegation does not relieve the Superintendent of the final responsibility for actions taken.
The MSAD #11 Board, collectively and as individual members, shall:
A. Recognize the Superintendent as the educational leader of the school district;
B. Provide direction for the Superintendent through written policies, objectives and goals for the school district;
C. Give the Superintendent full administrative authority and support for properly discharging his/her professional duties, while holding him/her responsible for acceptable results;
D. Hold all MSAD #11 Board meetings in the presence of the Superintendent, except as otherwise permitted by law or when the Superintendent voluntarily excuses him/herself at the request of the Board. The Superintendent will attend all meetings of standing and/or advisory meetings.
E. Refer complaints, criticisms, and requests to the Superintendent or other appropriate personnel and discuss them at MSAD #11 Board meetings only after administrative solutions have been exhausted; and
F. Evaluate the Superintendent and provide appropriate opportunities for the Superintendent to share his/her perceptions regarding the working relationship between the MSAD #11 Board and Superintendent.
Legal Reference: 1 MRSA § 401 et seq.
20-A MRSA §§ 1001 et seq.; 1051 et seq.; 13201; 13301
Cross Reference: BBA - School Board Powers and Responsibilities
BCA - Board Member Code of Ethics
CB - School Superintendent
CB-R - Superintendent Job Description
CBI - Evaluation of the Superintendent
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BDE
BOARD STANDING COMMITTEES
The MSAD #11 Board believes that standing committees can be useful to its decision-making process and in the transaction of MSAD #11 Board business. The MSAD #11 Board may establish such standing committees as it deems necessary to facilitate school unit governance and address ongoing school unit needs. A standing committee has only such authority as specified by the MSAD #11 Board.
All standing committees shall be comprised of less than a majority of the MSAD #11 Board.
All standing committee meetings are open to the public except as provided by the Freedom of Access Law and the Municipal Public Employees Labor Relations Law.
Establishment and Functions of Standing Committees
The following provisions apply to the establishment and functions of standing committees:
A. All standing committees shall be established by vote of the MSAD #11 Board. All standing committees shall be comprised of six members and a quorum for a committee meeting will be three (3) members. A motion to establish a standing committee shall state the purpose and responsibilities of the committee (the charge).
B. The MSAD #11 Board Chair will appoint members to a standing committee from among the membership of the MSAD #11 Board, with consideration given to equitable geographic representation. For existing standing committees, appointments will be made at or as soon as practicable after the MSAD #11 School Board’s bi-annual organizational meeting. The Chair will also appoint members to standing committees as vacancies occur on the MSAD #11 Board due to municipal elections.
C. Standing Committee members may request reassignment to standing committee vacancies on standing committees that occur prior to the MSAD #11 Board’s next organizational meeting. The MSAD #11 Board Chair may grant such requests but is not obligated to do so.
D. Each standing committee will elect its own chair, biannually after the MSAD #11 Board organizational meeting, or as needed.
E. The Superintendent shall be the ex officio (non-voting) member of all standing committees.
F. Any MSAD #11 Board member may attend standing committee meetings and participate in discussion, but only appointed members of the committee may vote.
G. Except as authorized by law or MSAD #11 Board action, a standing committee may research issues and make recommendations for MSAD #11 Board action, but may not act for the MSAD #11 Board.
H. A standing committee may be abolished at any time by a vote of the MSAD #11 Board.
I. The number of members on a standing committee and/or the responsibilities of a standing committee may be modified at any time by a vote of the MSAD #11 Board.
J. If there is not a quorum, the Chair or the Vice Chair can be a voting member of all standing committees, if not an appointed member of the Committee.
Authorization/Appointment of Standing Committees
The MSAD #11 Board shall have the following standing committees:
Policy & Personnel
Finance & Facilities
Negotiations
Curriculum
Educational Plan
The MSAD #11 Board may establish other standing committees it deems necessary in accordance with this policy.
Legal Reference: 1 M.R.S.A. § 401 et seq.
Adopted: Prior to 1985
Revised: 6/5/86; 1/1/90; 10/1/92; 3/5/04; 6/15/2006; 6/4/2009; 12/3/2009; 6/2/2011; 3/7/2013
File: BDE-R
BOARD COMMITTEES & STANDING COMMITTEE OPERATING PROCEDURES
Policy & Personnel
Any and all questions of District policy and revisions of District policy shall be referred to the Policy & Personnel Committee. Review of the District policy manual shall be conducted by the Committee periodically for the purpose of updating the manual. The Policy and Personnel Committee shall perform such other duties as may be assigned to it from time to time. The Policy & Personnel Committee shall make recommendations to the full MSAD #11 Board if appropriate.
Finance & Facilities
The responsibility of the Finance & Facilities Committee shall be to oversee the financial status of the school system as defined by the following: (1) the promotion and review of the District budget development process, (2) the quarterly review of the status of the District operating budget, and (3) all matters pertaining to District facilities, finance, and the auditing of bills. A majority of this Committee shall inspect and sign all warrants for expenditure. The Finance & Facilities Committee shall be responsible for the development of a Facilities plan to annually review the plan.
The Finance & Facilities Committee shall perform such other duties as may be assigned to it from time to time. The Finance & Facilities Committee shall make recommendations to the full
MSAD #11 Board if appropriate
Negotiations
It shall be the responsibility of this Committee to conduct, on behalf of the MSAD #11 Board, the negotiations of salary, fringe benefits and working conditions contracts with all recognized bargaining units within MSAD #11. This Committee may, as conditions warrant, recommend the hiring of an outside negotiator to assist with specific phases of the collective bargaining process. All proposed contracts negotiated are to come before the full MSAD #11 Board for approval.
The Negotiations Committee shall perform such other duties as may be assigned to it from time to time. The Negotiations Committee shall make recommendations to the full MSAD #11 Board if appropriate.
Curriculum
All matters pertaining to future educational programming needs of MSAD #11 shall be referred to this Committee. The Committee will have primary responsibility for assessing accomplishment of Board priority goals and objectives related to the PK-12 curriculum, student assessment/reporting, and teaching and learning needs and studying and recommending textbook usage and new courses. The Committee will annually review enrollment projections.
The Curriculum Committee shall perform such other duties as may be assigned to it from time to time. The Curriculum Committee shall make recommendations to the full MSAD #11 Board if appropriate.
Educational Plan
The Educational Plan Committee shall be made up of the chairs of each of the standing committees and will be charged with assessing accomplishment of Board goals and the development and ongoing maintenance of a strategic plan for the district. All issues pertaining to the strategic plan or issues that are future-state will be the responsibility of the Educational Plan Committee.
The Educational Plan Committee shall perform such other duties as may be assigned to it from time to time. The Educational Plan Committee shall make recommendations to the full MSAD #11 Board if appropriate.
STANDING COMMITTEE OPERATING PROCEDURES
A. Each standing committee shall meet at the call of its chair at a time and place to be designated in the call of the meeting. Standing committee meetings shall be held monthly, as needed. Additional meetings may be scheduled as needed.
B. The chair of a standing committee, in collaboration with the Superintendent/designee, will establish the agenda for each meeting to promote the orderly flow of information and the effective operations of the MSAD #11 Board and its standing committees.
C. Notice to the public of the date, time and place of a standing committee meeting and the agenda for the meeting shall be provided at least three days in advance and in a manner consistent with the MSAD #11 Board’s policy and practice concerning notification of MSAD #11 Board meetings.
D. The Superintendent may designate administrators or staff to serve in a liaison or advisory capacity and/or to provide information and/or resources.
E. Any member of the MSAD #11 Board, staff or public may attend a standing committee meeting, but may speak only at the discretion of the chair.
F. The presence of a majority of the members of a standing committee shall constitute a quorum for voting purposes. Only the members of the standing committee may vote on agenda items, as provided in Policy BDE, Paragraph F and J.
G. In the event the chair of a standing committee is unavailable for a scheduled committee meeting, the members of the standing committee will elect one of the members in attendance to act as chair for the duration of the meeting.
H. For any matter on its agenda, a standing committee may by majority vote of members present, or by consensus, agree to make recommendations to the full MSAD #11 Board. Recommendations may be in the form of a proposed motion and/or a report. A standing committee may also forward a matter under discussion to the full MSAD #11 Board with no recommendation.
I. Standing committee reports will be included as an agenda item for all regular MSAD #11 Board meetings.
J. Any item referred to a standing committee by the MSAD #11 Board shall be reported on at the next regular MSAD #11 Board meeting. The standing committee’s report should indicate work completed or progress made to date. The report may include the recommendation for continued standing committee study.
K. Standing committee minutes are public information subject to the Freedom of Access Law.
Legal Reference: 1 M.R.S.A. § 401 et seq.
Adopted: NOVEMBER 1, 1990
Revised: October 1, 1992; June 15, 2006; June 4, 2009; December 3, 2009; June 2, 2011; March 7, 2013
File: BDF
BOARD ADVISORY COMMITTEES
The MSAD #11 Board may establish advisory committees to perform specific functions. Advisory committees may study particular problems or issues and make reports and/or recommendations to the MSAD #11 Board, but may not act for the MSAD #11 Board.
Advisory committees may include individuals who are not elected members of the MSAD #11 Board but each advisory committee shall have at least one MSAD #11 Board representative.
The MSAD #11 Board will consult with the Superintendent before establishing or dissolving any advisory committee. The committees charge, number of members, the composition of each advisory committee, and the selection of members will be determined by the MSAD #11 Board Chair and Vice Chair in consultation with the Superintendent based upon the purpose of the committee, and subject to MSAD #11 Board approval.
The scope and authority of any advisory committee shall be limited to that assigned to it by the MSAD #11 Board. The MSAD #11 Board is in no way obligated to follow advisory committee recommendations.
Unless given a new assignment by the MSAD #11 Board, an advisory committee shall be dissolved promptly upon completion of its task. An advisory committee may be dissolved at any time by MSAD #11 Board action. No advisory committee shall continue for a prolonged period without a specific assignment.
Instructions to Board Advisory Committees:
So that the MSAD #11 Board's intent and expectations are clear, each advisory committee shall
be instructed in writing concerning:
A. The purpose of the committee, the specific issue(s) for study, and/or the scope of the committee's activity;
B. The composition of the committee, including designation of voting and non-voting members, if applicable;
C. The length of time each member is expected to serve;
D. The role of the committee as being advisory only;
E. The resources the MSAD #11 Board will provide to assist the committee in completing its task;
F. The expectations regarding the committee's relationship with the MSAD #11 Board, the Superintendent and school system personnel;
G. MSAD #11 School Board Chair and Superintendent will be responsible for providing information to the public concerning the committee and its work;
H. The time and place of the first meeting;
I. The timeline for progress reports to the MSAD #11 Board and/or other activities;
J. The date on which the MSAD #11 Board expects to receive a final report or recommendations and dissolve the committee.
All advisory committee meetings are open to the public except as may otherwise be provided by law. Committee reports and minutes of advisory committee meetings, if prepared, are public information subject to the Freedom of Access Law.
Notice of advisory committee meetings shall be provided in a manner consistent with the MSAD #11 Board's policy and practice concerning notification of MSAD #11 Board meetings.
The MSAD #11 Board recognizes that any advisory committee mandated by state law or Department of Education regulations may require deviation from any or all of the provisions of this policy. Any such deviations shall be identified when the MSAD #11 Board establishes such a committee and reflected in the MSAD #11 Board's instructions to the committee.
Legal Reference: 1 M.R.S.A. § 401 et seq.
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BDG
SCHOOL ATTORNEY/LEGAL SERVICES
The MSAD #11 Board recognizes that the increasing complexity of school unit operations frequently requires procurement of professional legal services. Therefore, the MSAD #11 Board shall designate an attorney and/or law firm to provide such services on an ongoing basis. The school attorney(s) shall be admitted to practice law in Maine. The MSAD #11 Board reserves the right to obtain legal services outside of its designated attorney/law firm as deemed appropriate.
A decision to seek legal advice or assistance on behalf of the school unit shall normally be made by the Superintendent or MSAD #11 Board Chair in accordance with MSAD #11 Board policy and when an obvious need exists. Such services may also be obtained as a consequence of a formal vote of the MSAD #11 Board.
Legal services required by the school unit may include, but not be limited to:
A. Providing general legal advice to the MSAD #11 Board and/or
administration;
B. Assisting with labor negotiations;
C. Assisting with personnel matters;
D. Assisting with expulsions and other student disciplinary matters;
E. Conduct and/or assist with pending or actual litigation involving the school district;
F. Other specialized legal services; and
G. Attendance at MSAD #11 Board meetings or other activities as appropriate.
Many types of legal services are considered routine and do not require specific Board approval. However, when the Superintendent concludes that the potential for significant legal expenditure exists or under other unusual circumstances, he/she shall inform the Board at an appropriate point in the process. The Board may take action on such matters as appropriate.
Adopted: October 1, 1992
Revised: June 15, 2006
File:BE
SCHOOL BOARD MEETINGS
Regular Meetings
The MSAD #11 Board will hold its regular business meetings at 7:00 p.m. on the first Thursday of each month. If this date falls on a holiday, the scheduled meeting will be held the following Thursday. The MSAD #11 Board reserves the third Thursday for each month for Bimonthly meetings.
Special Meetings
A meeting of the MSAD #11 Board is a meeting that is held to address important matters that arise between regular meetings and/or require MSAD #11 Board action before the time set for the next regular meeting, or to consider a single complex or controversial subject in one session.
A special meeting may be called at the discretion of the Chair or at the request of the Superintendent. A special meeting shall be called at the written request of a majority of members of the MSAD # 11 Board.
The Superintendent shall be responsible for providing notice of any special meeting to MSAD #11 Board members and the media at least 72 hours in advance of the meeting. The notice or agenda shall indicate the subject(s) of the meeting and action to be taken.
No business other than that stated in the notice of the meeting shall be transacted unless the Board agrees by a majority vote to consider other business.
Emergency Meetings
An emergency meeting of the MSAD #11 Board is a meeting that is called because a matter is so urgent that it must be addressed immediately and the advance notice required for a special meeting cannot reasonably be provided.
An emergency meeting may be called by the Chair or at the request of the Superintendent.
Whenever practicable, 24 hour advance notice will be provided. The Superintendent shall notify the media of an emergency meeting by the same or faster means as used to notify
MSAD #11 Board members. The notice shall indicate the purpose of the meeting.
No business may be transacted other than that related to the purpose for which the emergency meeting is called.
Executive Sessions
Executive sessions of the MSAD #11 Board shall be called and conducted in accordance with state law. Only the matter(s) stated in the motion to enter executive session shall be considered. No final action may be taken in executive session.
Workshops and Informational Meetings
The MSAD #11 Board, at its discretion, may schedule workshops and other meetings to discuss a particular subject or proposal or to gather input from staff, community, or other groups.
No formal action shall be taken by the MSAD #11 Board at any meeting other than a regular meeting, special meeting, or emergency meeting.
Legal References: 1 MRSA § 403 et seq. 20-A MRSA § 1001
Cross References: BEC-Executive Sessions
BEDA-Notification of Board Meetings BEDB-Agenda Preparation and Dissemination
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 11/4/93; 4/2/98; 6/15/06
File: BEA
SCHOOL BOARD USE OF ELECTRONIC MAIL (EMAIL)
Use of electronic mail (email) by MSAD #11 School Board members should conform to the same standards of judgment, propriety and ethics as other forms of school board-related communication. MSAD #11 Board members shall comply with the following guidelines when using email in the conduct of board responsibilities:
A. The MSAD #11 School Board shall not use email as a substitute for deliberations at MSAD #11 Board meetings or for other communications or business properly confined to MSAD #11 Board meetings.
B. MSAD #11 Board members should be aware that email and email attachments received or prepared for use in board business or containing information relating to board business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law.
C. MSAD #11 Board members shall avoid reference to confidential information about employees, students or other matters in email communications because of the risk of improper disclosure. MSAD #11 Board members should comply with the same standards as school employees with regard to confidential information.
Legal Reference: 1 MRSA § 401 et seq.
20-A MRSA § 6001-6002
20 USC § 1232g
Cross Reference: GBJ - Personnel Records and Files
JRA - Student Educational Records
Adopted: June 15, 2006
File: BEC-E
EXECUTIVE SESSION LAW
I. To Enter Executive Session, the MSAD #11 Board must:
A. Start with a public meeting;
B. Have a public recorded vote of 3/5 of members present and voting; and
C. State the precise nature of business in the motion to enter executive session, and include a citation of one or more sources of statutory or other authority that permits an executive session for that business. When labor contracts are the subject of an executive session, the parties must be named.
II. Restrictions During Executive Session
A. Only matters stated in the motion may be considered.
B. No official actions shall be finally approved.
C. No public record shall be kept.
III. Items Which May Be Discussed In Executive Session
A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:
1. Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual's right to privacy;
2. Person charged or investigated has right to be present;
3. Person charged or investigated may request in writing that the investigation be conducted in open session. Such requests must be honored; and
4. Any person bringing charges shall be permitted to be present (does not specify participation).
B. Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds. The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents or guardian so desire.
C. Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.
D. Board discussion of labor contracts and proposals and meetings may be held in executive session. (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.)
E. Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.
F. Discussion of records made, maintained or received by the body or agency, when access by the general public is prohibited by statute.
Legal Reference: 1 MRSA § 405
Cross Reference: BEC - Executive Sessions
Adopted: June 15, 2006
File: BEC
EXECUTIVE SESSIONS
Except as provided by law, all meetings of the MSAD #11 School Board shall be open to the public, and all persons shall be permitted to attend the meetings. The MSAD #11 Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting. Any motion to go into executive session shall indicate the precise nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session for that business. Deliberations may be conducted in executive sessions only on those matters defined in the law. No final action shall be taken in executive session.
By its very nature, the subject matter of executive sessions is highly confidential. It is expected that all parties to such discussions will respect the need for confidentiality.
Legal Reference: 1 MRSA § 401 et seq.
Cross Reference: BE - School Board Meetings
BEC-E - Executive Session Law
Adopted: October 1, 1992
Revised: June 15, 2006
File: BEDA
NOTIFICATION OF BOARD MEETINGS
It shall be the policy of the MSAD #11 Board to announce all meetings publicly. Except in the event of rare emergencies, such announcement will be made by the Superintendent/designee in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public.
Whenever possible, MSAD #11 Board members shall receive notice of special or emergency meetings at least 24 hours in advance. Such notice shall include the date, time, location and purpose of the meeting. The Superintendent/designee shall, whenever practical, notify local representatives of the media by the same or faster means as used to notify MSAD #11 Board members.
Legal Reference: 1 MRSA § 401 et seq.
Cross Reference: BE - School Board Meetings
Adopted: Prior to 1985
Revised: June 1, 1986; January 1, 1990; October 1, 1992; June 15, 2006
File: BEDB
AGENDA PREPARATION AND DISSEMINATION
Agenda Preparation and Dissemination
The Superintendent, in consultation with the Chair and Vice Chair, shall prepare an agenda for each meeting of the MSAD #11 Board. MSAD #11 Board members, school district staff, groups or organizations, and members of the public may submit written requests to the MSAD #11 Board through the Chair or the Superintendent for items to be placed on the agenda. The request must be received a minimum of seven days prior to the meeting at which the group or individual wishes the item to be addressed by the MSAD #11 Board in order for it to be considered for the agenda of that meeting. The Chair, Vice Chair and Superintendent shall make the final decision regarding placement of items on the agenda.
The agenda will be distributed to MSAD #11 Board members, the media, and to designated school-affiliated organizations no later than five days prior to a regular meeting of the MSAD #11 Board and no later than three days (72 hours) prior to a special meeting. Copies of the agenda will be posted and/or available at the Superintendent's Office, in each school, town hall, district website. Anyone desiring additional information regarding an agenda item should direct inquiries to the Office of the Superintendent. Copies of the agenda will also be available at the MSAD #11 Board meeting.
Additions and Adjustments to the Agenda
After the meeting has been called to order, the Superintendent or MSAD #11 Board Chair may recommend additions and/or adjustments to the agenda of a regular meeting or, unless otherwise prohibited by MSAD #11 Board policy, to the agenda of a special meeting.
Any MSAD #11 Board member who wishes to add an item to the agenda may offer a motion to that effect. Such a motion shall require a second to proceed to a vote.
All additions to the agenda must be approved by a majority vote of the members present and voting.
In order to facilitate its business or to accommodate groups in attendance, the MSAD #11 Board may adjust the agenda by changing the order of business. Such adjustments shall require the consent of the MSAD #11 Board by majority vote.
Cross Reference: BE-School Board Meetings
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/2/98; 6/15/2006
File: BEDC
QUORUM
Unless otherwise required by law or MSAD #11 Board policy, a majority of the MSAD #11 Board of Directors in number and voting power shall constitute a quorum for purposes of taking action.
Legal Reference: 20-A MRSA § 1257
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BEDD
RULES OF ORDER
Except as otherwise provided by law, by Maine Department of Education regulations, or by MSAD #11 Board policy, Robert's Rules of Order, Revised (latest edition available) shall be used to resolve procedural uncertainties.
The Superintendent, as Secretary to the Board, shall function as Parliamentarian and advise the Chair and Board, as necessary, regarding parliamentary procedure [or: interpretation of Robert's Rules].
The Chair will rule on all questions pertaining to rules of order/parliamentary procedure that may arise during a meeting of the Board.
The role of the Parliamentarian shall be advisory only.
The Chair will rule on all questions pertaining to rules of order/parliamentary procedure that may arise during a public meeting of the MSAD #11 Board.
Procedural rules may be suspended at any time for the duration of any one meeting by majority vote of the MSAD #11 Board members present.
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BEDF
VOTING METHOD
Voting shall ordinarily be by show of hands. Voting shall be done by roll call at the direction of the Chair, or at the request of any MSAD #11 Board member. When voting by roll call, the names of the members shall be called alphabetically, and each member shall respond "Yes" or "No"or "Not Voting". All votes shall be recorded in the minutes.
Maine public officials are obliged to vote openly; thus, secret ballots are not to be used by the MSAD #11 School Board.
A motion shall be declared "Carried" upon the affirmative vote of the majority of the members present, unless otherwise required by law or MSAD #11 Board policy.
Cross Reference: BEDFA -Abstentions
BEDG - Minutes
Adopted: Prior to 1986
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BEDFA
ABSTENTIONS
An abstention is a non-expression and cannot be considered a vote in favor of or against a motion.
Each member of a public body has the duty to express a choice or preference by voting on the issues, but can legally abstain from doing so when there is a statutory or ethical conflict of interest. Not to vote is to abstain.
Abstentions are intended for situations where a member may have a direct or indirect pecuniary interest in the matter being voted on.
Legal Reference: 30 MRSA § 2605 et seq.
Cross Reference: BCB - Board Member Conflict of Interest
BEDF - Voting Method
Adopted: June 15, 2006
File: BEDG
MINUTES
The Superintendent, in his/her role as MSAD #11 Board Secretary, shall prepare and maintain accurate minutes of all meetings of the MSAD #11 Board.
The minutes shall reflect the type of meeting (regular, special, or emergency), the date, time, and place of the meeting, and the names of the members present, those absent with excuse (if any), and those absent without excuse (if any).
The minutes shall include, at a minimum: the wording of motions and resolutions; the name of the MSAD #11 Board member making the motion; the name of the MSAD #11 Board member seconding the motion (if a second is required); the action taken; and the vote.
When a MSAD #11 Board member abstains from voting because of a conflict of interest as defined by law, his/her abstention and reason for doing so shall be recorded in the minutes.
Draft (unapproved) minutes of meetings will be distributed to all MSAD #11 Board members prior to the meeting at which they are to be presented for approval. Draft (unapproved) minutes will be made available to the media upon request and may be inspected and copied by members of the public at the Office of the Superintendent.
MSAD #11 Board meeting minutes shall be acted upon by the MSAD #11 Board at its next regular meeting. The MSAD #11 Board’s action on the minutes will be reflected in the minutes of the meeting at which they are approved.
Approved minutes shall be permanently filed in the Office of the Superintendent, where they shall be available to the public for inspection and copying during normal business hours.
Legal Reference: 1 MRSA §§ 402(3), 408
20-A MRSA §§ 1004, 1055
30-A MRSA § 2605
Cross Reference: BBBDA - Board Declared Vacancy Caused by Absenteeism
BEDI - Board Relations with the Media
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BEDH
PUBLIC PARTICIPATION AT BOARD MEETINGS
MSAD #11 Board meetings are conducted for the purpose of carrying on the official business of the school system. All regular, special, emergency, and committee meetings of the MSAD #11 Board are open to the public. The public is cordially invited to attend and participate in MSAD #11 Board meetings as provided in this policy.
Although MSAD #11 Board meetings are not public forums, the MSAD #11 Board will provide appropriate opportunities for citizens to express opinions and concerns related to the matters under consideration by the MSAD #11 Board. The intent is to allow a fair and adequate opportunity for the public to be heard and to provide adequate time for the MSAD #11 Board to obtain information and opinion on subjects before it, while ensuring that the time allowed for public discussion does not interfere with the fulfillment of the scheduled agenda.
The MSAD #11 Board may designate and indicate on its agenda for regular meetings a period for public participation. During this time period, members of the public may speak on any subject directly related to the operations of the schools, except for personal matters or complaints concerning specific employees or students, which shall be addressed through established policies and procedures. Speakers must adhere to the guidelines for public participation articulated in this policy.
The MSAD #11 Board will take no action at the same meeting on any issue brought forth by a member of the public. Such issues may be referred to the Superintendent for further study and recommendations to the MSAD #11 Board. Members of the public may request that an item be placed on the MSAD #11 Board's agenda in accordance with policy BEDB.
The MSAD #11 Board may, at its discretion, ask members of the public for comment prior to acting on particular items.
The MSAD #11 Board may allow public participation during special meetings. Any such participation will be limited to the purpose(s) for which the meeting was called.
Members of the public may address the MSAD #11Board within the guidelines provided in this policy. The Chair shall be responsible for maintaining proper order and compliance with these guidelines.
The following guidelines shall apply to public participation at MSAD #11 Board meetings.
A. Citizens and employees of the school district are welcome to participate as provided in this policy. Others may be recognized to speak at the Chair's discretion. Individual employees and/or employee groups will not be permitted to discuss matters for which complaint or grievance procedures are provided.
B. The Chair may limit the time allotted for comments on a particular topic as well as the time each individual may speak.
C. A speaker will not be recognized for a second time on a particular issue unless time remains after all speakers have been heard.
D. The Chair may require persons interested in speaking to sign up so they may be called on in a fair and efficient manner.
E. During the time set aside for public participation, the Chair will be responsible for recognizing all speakers, who must identify themselves as they begin talking.
F. Speakers are not permitted to share gossip, make defamatory comments, or use abusive or vulgar language.
G. All speakers are to address the Chair and direct questions or comments to particular MSAD #11 Board members or the Superintendent only with approval of the Chair. Requests for information or concerns that require further research may be referred to the Superintendent to be addressed at a later time.
H. Members of the MSAD #11Board and the Superintendent may ask questions of any person who addresses the MSAD #11 Board but are expected to refrain from arguing or debating issues. Questions must be addressed through the Chair.
I. No complaints or allegations will be allowed at MSAD #11 Board meetings concerning any person employed by the school system or against particular students.
Personal matters or complaints concerning student or staff issues will not be considered in a public meeting but will be referred through established policies and procedures
J. In order to make efficient use of meeting time, the MSAD #11 Board discourages duplication or repetition of comments to the MSAD #11 Board. The MSAD #11 Board requests that groups or organizations be represented by designated spokespersons.
K. The Chair has the authority to stop any presentation that violates these guidelines or the privacy rights of others.
L. Persons who disrupt the meeting may be asked to leave, and the Chair may request law enforcement assistance as necessary to restore order.
An agenda shall be published in advance of each meeting in accordance with MSAD #11 Board policy. Copies will be posted and/or available prior to regular meetings, at Superintendent's Office, in each school, town hall, website. Anyone desiring additional information about an agenda item should direct such inquiries to the Office of the Superintendent.
Legal Reference: 1 MRSA § 401 et seq.
Cross Reference: BEC Executive Session
BEDA Notification of Board Meetings
BEDB Agenda Preparation and Dissemination
BEDD Rules of Order
KE Public Concerns and Complaints
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 5/03; 6/15/2006
File: BEDI
BOARD RELATIONS WITH THE MEDIA
The MSAD #11 Board believes that it has a responsibility to keep the public informed about the operations, programs, progress, and problems of the public schools. Consequently, MSAD #11 Board meetings are open to the news media and public. In the event that representatives of the news media are unable to attend a meeting, upon request, the Superintendent shall provide a summary of important MSAD #11 Board actions.
Public documents, as defined by state statute, will be made available as provided by statute and the school unit's procedures. Requests should be made to the Office of the Superintendent.
When individual MSAD #11 Board members receive requests from news media representatives for information or comment, they shall refer such inquiries to the MSAD #11 Board Chair who shall be public spokesperson for the MSAD #11 Board.
Legal Reference: 1 MRSA § 402
Cross Reference: KI - Visitors to the Schools
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BEDJ
BROADCASTING/TAPING OF BOARD MEETINGS
The following guidelines will govern the public use of recording devices at the public meetings of the MSAD #11 Board of Directors and subcommittees of the school unit.
Any recording device may be used by members of the public so long as it does not:
A. Require the use of power cords and microphone cords that would interfere with the free movement of traffic into, out of, and within the meeting room;
B. Produce continuous or periodic sounds that interfere with speakers or with the ability of all persons present to hear the proceedings;
C. Require the occasional or frequent relocation of a microphone or microphones in such a manner as to be disruptive to speakers or other persons present; and/or;
D. Require excessive space in the meeting room so that any participants or observers at the meeting are displaced, excluded or cannot see because of the device.
Whenever a tape or film recording is to be made of a meeting or any part thereof, the person making the tape or film shall first notify the MSAD #11 Board Chair or the person conducting the meeting. The Chair will announce at the meeting that a member of the public is recording the meeting.
The Chair has the authority to request the operator to comply with the provisions of this policy when, in his/her judgment, the activity is interfering with the orderly conduct of the meeting and/or the ability of the public to observe the proceedings. If the problem persists, the Chair may direct that the recording be discontinued and, if necessary, that the recording device be removed from the meeting room.
Adopted: October 1, 1992
Revised: June 15, 2006
M.S.A.D. #11
File: BG-R
POLICY ADOPTION PROCESS
The following procedure shall be used to adopt, review, revise or delete MSAD #11 Board policies:
A. The Policy Committee is charged with reviewing and recommending all policies/policy changes to be considered by the MSAD #11 Board.
1. Individual MSAD #11 Board members, other standing committees, the Superintendent, and members of the public may submit policy suggestions and concerns directly to the Policy Committee. Policy suggestions that are submitted to [OR: received by] the MSAD #11 Board Chair or the Superintendent will be forwarded to the Policy Committee. School district employees should follow any and all applicable administrative procedures and/or collective bargaining agreement provisions for submitting policy suggestions.
2. The Policy Committee, together with the Superintendent, shall have the responsibility to review and research each suggestion for new policies and policy changes. The Policy Committee may seek or ask the Superintendent to provide information such as, but not limited to, the specific need for the policy; the fiscal consequences of the proposed policy; the potential effect of the policy on the instructional program, staff, students and the community; samples of policies on the same or similar subjects; applicable provisions of state and/or federal law and regulations; and the anticipated costs and benefits of implementing, enforcing and monitoring the proposed policy.
3. The Policy Committee may prepare draft policies or delegate the drafting of all or individual policies to the Superintendent
4. At an appropriate stage in the process, the Superintendent, on behalf of the Policy Committee and the MSAD #11 Board, shall notify the bargaining agent for MSAD #11 teachers of any proposed new educational policy or proposed modification of any existing educational policy.
The Policy Committee may also seek input or discuss the proposal with other groups affected by the policy.
5. The Policy Committee will make reports to the MSAD #11 Board regarding its activities and the status of policy development.
B. Upon recommendation by the Policy Committee, the first reading of a new policy, revision or deletion of policy shall be placed on the agenda of a regular MSAD #11 Board meeting. MSAD #11 Board members shall receive the policy, supporting material, if appropriate, and any written recommendations in advance of the meeting date.
C. At a subsequent regular meeting, more than two weeks and less than eight weeks after the first reading, the policy shall be placed on the agenda for second reading and action. Amendments may be introduced and acted upon. If a main motion to approve the policy is not passed at such a meeting by a majority vote of the whole MSAD #11 Board members present and voting, the process for that policy is ended unless the MSAD #11 Board, by vote, takes action to table further consideration of the policy or otherwise dispose of the policy (e.g., refer it back to the Policy Committee for further research)..
D. The Superintendent will be responsible for making new and revised policies available to MSAD #11 Board members, school district personnel, students and the public by sending copies to the schools, updating the school district’s website and/or other appropriate means as soon as practicable following adoption. MSAD #11 Board members should update their policy manuals when they receive copies of new or revised policies or notifications of deletions.
E. The Superintendent shall provide each MSAD #11 Board member with a policy manual, in print, on a CD, and/or by other means, as specified the MSAD #11 Board. If MSAD #11 Board members access to the policy manual
will be online, the Superintendent will provide each MSAD #11 Board member with instructions for accessing it. The Superintendent/designee may periodically recall all policy manuals for administrative updating to ensure that the content of all MSAD #11 Board manuals is current and consistent.
Legal Reference: 26 MRSA § 965(1)(C)
Cross Reference: BEDB – Agenda Preparation and Dissemination
BG - School Board Policy Process
CHD - Administration in the Absence of Policy
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006; March 3, 2011
File: BG
SCHOOL BOARD POLICY PROCESS
The MSAD #11 Board of Directors considers policy development essential to its governance of the District.
It is the intent of the MSAD #11 Board to develop written policies to serve as the framework for the successful and efficient functioning of the school district.
The MSAD #11 Board accepts the definition of policy set forth by the National School Boards Association:
MSAD #11 School Board policies are statements that set forth the purposes and prescribe in general terms the organization and program of a school system. They create a framework within which the Superintendent and the staff can discharge their assigned duties with positive direction. They tell what is wanted. They may also indicate why and how much. Policies should define clearly the goals and objectives of the school system, allow for the flexibility that is vital in day-to-day operations, reflect the board’s vision, define roles and responsibilities (who is supposed to do what), and include measurable outcomes.
The MSAD #11 Board’s policies are framed and meant to be interpreted in terms of federal laws and regulations, state statutes and the rules of the Maine Department of Education, State Board of Education, and other regulatory agencies at various levels of government. The MSAD #11 Board’s policies are also intended to reflect the MSAD #11 Board’s educational philosophy and instructional objectives and practices and procedures that are supported by research and generally accepted by leaders and authorities in the field of public education.
It is the MSAD #11 Board’s intent that its policies set goals and provide direction and guidance for
administrators, staff, and students and serve as sources of information for parents, community members and others who are interested in or connected with the schools.
The MSAD #11 Board regards policy development and review as an ongoing process. The need for a new policy or revision or deletion of an existing policy may arise from a change in law and/or regulations, modification of the school district’s vision or goals, educational research or trends, the occurrence of a significant incident or a recommendation or request from MSAD #11 Board members, school administrators, staff, parents, students or other interested persons.
Adoption of new or revised policies and repeal of existing policies is solely the responsibility of the MSAD#11 Board. Policies will be adopted, amended or repealed only by the affirmative vote of a majority of members present and voting.
Policies shall become effective upon MSAD #11 Board adoption or at a future date designed by the MSAD #11 Board at the time of adoption.
The Superintendent/designee will be responsible for distributing new or revised policies to MSAD #11 Board members and for making policies accessible to school personnel, students and the public.
Legal Reference: 20-A MRSA § 1001 (1)(A)
Cross Reference: BEDF- Voting Method
BG-R – Policy Adoption Procedure
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006; March 3, 2011
File: BEDL
ADJOURNMENT OF BOARD MEETINGS
Meetings of the MSAD #11 School Board shall be adjourned at 10:00 p.m. except when a motion to continue past this hour has been carried by a two-thirds (2/3) vote of the MSAD #11 Board members in attendance. It is also intended that a topic started before the 10:00 p.m. curfew may be continued beyond that point.
Adopted: October 1, 1992
Revised: June 15, 2006
File: BGBA
EMERGENCY POLICY ADOPTION
On matters of unusual urgency, the MSAD #11 Board may waive the two regular board meeting limitation and take immediate action to adopt new or to revise existing policies. When such immediate action is necessary, the superintendent shall inform concerned groups or individuals about the reasons for this necessity.
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; OCTOBER 1, 1992; June 15, 2006
MSAD #ll
File: BGCC
EMPLOYEE USE OF CELL PHONES
The purpose of this policy is to address employee use of cell phones and other electronic communication devices (except laptops), whether school district owned or personally owned, including those that send or receive text messages, allow retrieval or sending of email or provide Internet access.
The MSAD #11 Board recognizes that the use of cell phones and other electronic communication devices may be appropriate to the efficient operations of the school district and help to ensure the safety of students and staff and the security of school district property.
School district employees may not use cell phones or electronic communication devices, whether school district owned or personally owned, for non-school related business while they are engaged in instruction or supervision of students or of a school sponsored activity, or in any other manner that interferes with attending to and/or carrying out their job responsibilities. Employees are free to use their personal cell phones and other electronic communication devices during off-duty, lunch or break times.
Use of cell phones and electronic communication devices, whether school district owned or personally owned, in a manner that violates MSAD #11 Board policies, administrative procedures and/or state or federal laws will result in discipline and referral to law enforcement officials, as appropriate. School administrators may confiscate and search a device when there is reasonable suspicion that an employee has violated this policy and that the device contains evidence of the violation.
In the interest of safety, school district employees are prohibited from using hand-held cell phones and electronic communications devices while driving MSAD #11 owned motor vehicles, whether transporting students, other staff or driving alone. School district employees are also prohibited from using hand-held cell phones and electronic communications devices while transporting students in private vehicles.
MSAD #11 may provide cell phones or other electronic communication devices to some employees to assist them in carrying out their employment-related duties on or off school property. The Superintendent/designee shall have the discretion as to which employees will be provided school district owned cell phones and other electronic communication devices, based upon need and availability.
School district owned cell phones and other electronic communications devices are to be used for school-related business purposes and are not intended for personal use except in emergencies involving employee health or safety. Employees have no expectation of privacy in their use of school district owned cell phones/electronic communications devices or the information stored on them.
SCHOOL BUS DRIVERS
Employees operating a school bus or other school district vehicle transporting students are prohibited from operating the vehicle while using a cell phone or other electronic communications device, whether personally owned or issued by the school district, except during an emergency situation or to call for assistance in the event of a mechanical breakdown or other mechanical problem, and then only when the vehicle is stopped or parked.
Adopted: March 3, 2011
File: BHC
BOARD COMMUNICATIONS WITH STAFF
A clear understanding of responsibilities and relationships between and among the MSAD #11 Board and school personnel is essential for a smoothly running and efficient school system. It should be remembered that the MSAD #11 Board, school administrators, teachers and all others responsible for any phase of the work of the school system have a common and basic responsibility - the welfare of the children in the schools. This responsibility must guide all of the MSAD #11 Board's considerations and decisions.
Board and Superintendent
The relationship of the MSAD #11 Board and the Superintendent can best be described as one of teamwork. They must function cooperatively as some of their functions are not readily separable. However, the primary functions are separable and should be clearly understood by each. The MSAD #11 Board is the legislative body of the school unit district. It exercises its mandated management of the schools through the formation of policies.
The Superintendent is the executive officer of the Board and the chief administrative officer. The MSAD #11 Board recognizes this and wishes to make this clear to all staff members and to all citizens.
All communications or reports to the MSAD #11 Board, or to any committee of the MSAD #11 Board, from Principals, supervisors, teachers, or other employees shall be submitted through the Superintendent.
Board and Principal
The School Principal has no direct administrative relations with the MSAD #11 Board. His/her relations to the MSAD #11 Board are through the Superintendent, for the Board recognizes that the Superintendent is the person to whom it must look for professional leadership within the schools. A spirit of cooperation and mutual helpfulness must prevail between the Superintendent and the Principal if the best results are to be realized. For instance, the Principal and the Superintendent must cooperate in the selection of school staff because the Principal is in the best position to know the kind of person needed for a particular type of service in the school. However, the Principal must make recommendations to the Superintendent and not to the MSAD #11 Board. At all times the Principal must remember that all matters which require Board action must be presented to the MSAD #11 Board by the Superintendent.
Board and Teachers
The relationship of the teacher to the MSAD #11 Board is indirect. The teacher is directly responsible to the Principal and through him/her to the Superintendent, and then to the Board. However, this does not mean that the teacher does not have access to the Superintendent or to the MSAD #11 Board. Conditions may arise when direct access may be obtained through channels established for grievances.
Adopted: June 15, 2006
File: BIA
NEW BOARD MEMBER ORIENTATION
In order that newly elected MSAD #11 Board members may cast informed votes and function effectively as board members, the MSAD #11 Board and Superintendent will extend to them the fullest measures of courtesy and cooperation, and will make every reasonable effort to assist newly elected MSAD #11 Board members (OR: members-elect) in understanding the Board’s functions, policies, procedures and current issues.
A. In the interim between a new member’s election or appointment and his/her
assuming office, the MSAD #11 Board, through the Superintendent, will invite newly elected members (OR: members-elect) to attend meetings, except those held in executive session, and provide newly elected members (OR: members-elect) with agenda, minutes and reports applicable to those meetings. During the time between election or appointment and the assumption of office, the status of the future-member remains that of a private citizen and not that of an elected or appointment official.
B. The MSAD #11 Board through the Superintendent, will provide new members
with copies of appropriate publications, such as the MSAD #11 Board policy manual, student handbook(s), collective bargaining agreements, and current budget documents.
C. The MSAD #11 Board Chair or Superintendent will remind MSAD #11 Board
Members of their obligation to complete, not later than the 120th day after the date of taking the oath of office, training on the requirements of Maine’s Freedom of Access Law. The Chair or Superintendent will provide MSAD #11 Board members with information regarding available training options. Each MSAD #11 Board member shall attest by means of a written or electronic record that he/she has completed the training and provide a copy of such record to the Superintendent’s Office. To facilitate documentation of training, the Superintendent will make available to MSAD #11 Board members copies of the State’s sample Certification of Completion of Access Training form.
D. The MSAD #11 Board will encourage new members to attend appropriate in-district
and out-of-district orientation and/or boardsmanship workshops. Reimbursement
for such activities must be approved in advance by the MSAD #11 Board Chair, in
consultation with the Superintendent, and is subject to the availability of funds.
E. The MSAD #11 Chair and Superintendent will schedule and arrange for an
orientation session for new MSAD #11 Board members as soon as practicable
after election or appointment. A reasonable amount of time will be provided for
discussion of:
1. The roles and responsibilities of the MSAD #11 Board and individual members;
2. Basic operational procedures of the MSAD #11 Board;
3. Placement of items on the agenda;
4. The role of committees, subcommittees and advisory committees;
5. How and why executive sessions may be held;
6. What is considered confidential or privileged information;
7. Appropriate responses of an individual member when a request or complaint
is made directly to him/her by a student, parent or member of the community;
8. How the MSAD #11 Board responds to complaints involving personnel;
9. General information about the school system and its resources;
10. How MSAD #11 Board members, in fulfilling their duties, may request
information concerning schools and District operations, finances and personnel;
11. How MSAD #11 Board members may make arrangements to visit schools and
the protocol for such visits;
12. Protocol for dealing with the media; and
13. Other relevant topics.
All MSAD #11 Board members will be invited to the orientation session and encouraged to attend. The orientation is intended to serve as a useful review of basic boardsmanship concepts for experienced members, as well as an opportunity to provide information and counsel to new MSAD #11 Board members.
Legal reference: 1 MRSA § 412
Cross reference: BIC – Board Member Freedom of Access Law Training
Adopted: November 6, 2008
File: BIB
MSAD #11 BOARD MEMBER DEVELOPMENT OPPORTUNITIES
Recognizing the value of continuous and life-long learning, the MSAD #11 School Board places a high priority on the development of its members' "boardsmanship" skills and on supporting opportunities for in-service education. The purpose of board development is to enhance the quality of education in the school district and the effectiveness of school district governance.
MSAD #11 Board members need to be well informed and to expand their knowledge of trends and issues affecting education and school governance. In addition, MSAD #11 Board members need to develop and reinforce the skills required for effective policy-making, budget planning and communications.
MSAD #11 Board members are encouraged to participate in district-sponsored training sessions and/or workshops and in school board or related conferences, seminars, workshops and conventions sponsored by the Maine School Boards Association, the Maine School Management Association, the National School Boards Association and other recognized leaders in education. MSAD #11 Board members are also encouraged to be active in leadership opportunities that may be available within regional, state and national associations.
Adequate funds shall be budgeted annually to support MSAD #11 Board member development, including participation at meetings, subscriptions to publications that address the concerns of MSAD #11 Board members and memberships in school boards associations.
Upon MSAD #11 Board approval and within budgetary limitations, reimbursement for travel and necessary expenses will be provided to individual members for activities related to MSAD #11 Board development. The MSAD #11 Board, on a case-by-case basis, will determine the number of MSAD #11 Board members authorized to attend specific meetings, conferences, conventions or other events at the school district's expense, as warranted by budgetary limitations. MSAD #11 Board members may use their own discretion regarding attendance at meetings, conferences, conventions or other events where reimbursement will not be provided by the school district.
At a MSAD #11 Board meeting subsequent to attendance at an educational event, members are encouraged to report briefly to the MSAD #11 Board and to the public to share knowledge gained and thoughts on implications for local school governance. MSAD #11 Board members are also encouraged to study and share with the Board and Superintendent materials of interest they have collected.
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BIC
BOARD MEMBER FREEDOM OF ACCESS LAW TRAINING
In accordance with Maine law, beginning July 1, 2008, every MSAD #11 Board member must complete a course of training on the requirements of Maine’s Freedom of Access law as it relates to public records and proceedings not later than the 120th day after the date he/she takes the oath of office to assume his/her duties as an elected official. MSAD #11 Board members serving in office on July 1, 2008, must complete the training by November 1, 2008. Freedom of Access training must be repeated within 120 days of taking the oath of office each time a MSAD #11 Board member is elected to serve a new term.
At a minimum, the training course must include instruction in:
A. The general legal requirements of the Freedom of Access law regarding
Public records and public proceedings;
B. Procedures and requirements regarding complying with a request for a public
Record under the Freedom of Access law; and
C. Penalties and other consequences for failure to comply with the Freedom of
Access law.
A MSAD #11 Board member may meet the training requirement by conducting a thorough review of all the information made available by the State of Maine on the Frequently Asked Questions portion of its Freedom of Access website, or by completing any other training course that includes all of this information.
Each MSAD #11 Board member shall attest by means of a written or electronic record that he/she has completed the training and provide a copy of such record to the Superintendent’s Office. To facilitate documentation of training, the Superintendent will make available to MSAD #11 Board members copies of the State’s sample Certificate of Completion of Freedom of Access Training form.
[NOTE: The obligation to complete training is on the individual MSAD #11 Board member. 1 MRSA § 412(3) states, “The elected official shall keep the record or file it with the public entity to which the official was elected.” The law does not specifically require the MSAD #11 Board to collect documentation from MSAD #11 Board Members. However, MSMA recommends that training documentation be maintained at the Superintendent’s Office for ease of complying with “right to know” requests.]
Although 1 MRSA § 411(6)(D) states that the Right to Know Advisory Committee “shall recommend a process for collecting the training completion records required…and for making that information publicly available,” there is no process in place yet to enable the State to monitor compliance, nor are there any provisions in law providing consequences for a public official’s noncompliance with the training mandate.]
Legal Reference: 1 MRSA §§ 411, 412
Cross Reference: BID/New Board Member Orientation
KDB/Public’s Right to Know/Freedom of Access
Adopted: November 6, 2008
File: BIC-E
CERTIFICATION OF COMPLETION OF FREEDOM OF ACCESS TRAINING REQUIRED BY 1 MRSA § 412
I, ______________________________________________, hereby certify that I have met the
(Name of elected official)
Training requirements set forth in MRSA § 412 on ______________________________ by
(Date of training)
Completing the following training.
A thorough review of all of the information made available on the Frequently
Asked Questions portion of the State Freedom of Access website,
www.maine.gov/foaa/faq
Another training course that includes this information, identified as follows:
___________________________________________________________________________
(Title of course)
___________________________________________________________________________
(Name of course provider)
Dated this ______day of _______________________, 2008.
___________________________________________________________
(Signature)
____________________________________________________________
(Printed name)
____________________________________________________________
(Elected office)
NOTE: Training must be completed within 120 days after an elected official takes the
Oath of office or, for elected officials serving in office on July 1, 2008 by
Adopted: November 1, 2008.
File: BID
BOARD MEMBER COMPENSATION AND EXPENSES
A stipend of $25.00 per Regular Board and $15.00 for Bimonthly and Special Board meetings for each MSAD #11 Board member is authorized. This payment will be made for attendance at all regular meetings and for attendance at special meetings when minutes are prepared and subsequently accepted. For the school board members serving on the school board's Negotiations Committee, a stipend of $250.00 will be paid annually, when staff contracts are negotiated.
Legal Reference: 20-A MRSA § 1251(4)
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BIE
BOARD MEMBER INSURANCE/LIABILITY
The Board of Directors of MSAD #ll shall instruct the superintendent to secure a liability insurance policy covering the board collectively and individually against any and all claims for liability.
Cross Reference: EIB - LIABILITY INSURANCE
EIBA - LIABILITY PROTECTION
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; OCTOBER 1, 1992; June 15, 2006
File: BK
SCHOOL BOARD MEMBERSHIPS
The Board of Directors of MSAD #ll shall belong to the Maine School Boards Association and shall pay any and all required dues.
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; OCTOBER 1, 1992; JUNE 15, 2006
Choose a policy from the list below.
File: CB
SCHOOL SUPERINTENDENT
A primary function of the RSU #11 School Board is to select a Superintendent of Schools. To select a Superintendent, a majority vote of all members of the RSU #11 Board shall be required. He/she may be appointed to a contract of up to five years in accordance with the laws of the state of Maine.
The Superintendent shall be executive officer of the RSU #11 Board. In addition, under Maine Statutes he/she shall serve as secretary ex officio to the RSU #11 Board. He/she shall attend all meetings and have the right to speak on all subjects, but shall have no vote.
The Superintendent shall administer and supervise the public educational system of the Unit. He/she shall have discretionary authority, subject to later approval by the RSU #11 Board, to act upon all emergency matters and those as to which his/her power and duties are not specifically set forth or limited.
The Superintendent shall devote his/her entire working time to the duties of the position. He/she may, without violation of the provisions of this section, perform educational functions outside the town with the approval of the Commissioner of Education and the RSU #11 Board.
Legal Reference: 20-A MRSA §§ 1001, 1053
Cross Reference: CBI - Evaluation of the Superintendent
Adopted: November 6, 2008
Reviewed: April 1, 2010
File: CB-R
SUPERINTENDENT OF SCHOOLS JOB DESCRIPTION
JOB GOAL
To provide leadership in developing and maintaining the best possible educational programs and services for the students of our school system. To lead, guide, and direct every member of the administrative, instructional, and support services teams in setting and achieving the highest standards of excellence in educational programs and operating systems. To be responsible for a system of supervision and evaluation for all staff designed to meet the goals of the school system. To oversee and administer the use of all facilities, property, and funds in the best interests of students and the school system.
MINIMUM JOB REQUIREMENTS
A. Superintendent Certification (010) Maine Department of Education (or certifiable).
B. Local Unit Insert:
Minimum of Certificate of Advanced Study
C. Local Unit Insert:
Minimum of Five Years of Administrative Experience
D. Such alternatives to the qualifications listed in B. and C. as the RSU #11 Board may find appropriate and acceptable.
REPORTS TO: RSU #11 School Board
SUPERVISES:
All administrative and supervisory personnel of the school system.
PERFORMANCE RESPONSIBILITIES AND CRITERIA
The criteria for performing the job responsibilities of the Superintendent include the ability to function effectively in the following categories: A) Communication; B) Community Relations; C) Curriculum; 4D) School/Community Involvement;
E) Leadership; F) Organizational Management; G) Personnel Management; H) School Facility Management; I) School Finance/Budgeting; J) School Improvement; K) Staff Development; L) Superintendent/Board Relations; and M) Supervision/ Evaluation.
A. Communication—Able to communicate clearly with staff, parents, students and community, both verbally and in writing.
1. Keeps the public informed of the status of the schools.
2. Conducts meetings of administrators, teachers and other staff members as necessary for the discussion of matters concerning the improvement and welfare of the schools.
3. Communicates to all staff members, directly or through delegation, actions of the RSU #11 Board relating to personnel matters and receives from employees communications to be made to the RSU #11 Board.
4. Confers as appropriate with professional and lay groups concerning the school program and transmits suggestions to the RSU #11 Board and others, as appropriate.
B. Community Relations—Recognizes the importance of both stimulating and reflecting community needs/wants regarding education. Demonstrates ability to involve the community in developing and implementing goals. Views the community/school relationship as a partnership.
1. Establishes and maintains a program of public relations to keep the public well informed of the activities and needs of the school
system, effecting a wholesome and cooperative working relationship between the schools and the community.
2. Communicates with and understands the needs and perspectives of various community groups.
3. Attends, or delegates a representative to attend, meetings of municipal agencies at which matters pertaining to the school system appear on the agenda or are expected to be raised.
4. Keeps the public informed about current educational practices, educational trends, and the policies, practices, successes and challenges of the schools.
C. Curriculum—Strong commitment to leading the effort to define and deliver an effective, consistent curriculum PK-12.
1. Administers the development and maintenance of educational programs designed to meet the needs of the community and to carry out the policies of the RSU #11 Board.
2. Conducts reviews of the total school program, and advises the RSU #11 Board on recommendations for the educational advancement of the schools.
3. Recommends to the RSU #11 Board, through the use of appropriate personnel, adoption of courses of study, curriculum, teaching materials, etc.
4. Oversees timely revisions of curriculum and courses of study.
D. School/Community Involvement—Visible in the schools, aware of current issues and activities in the schools, and shows an interest in community affairs.
1. Visits schools and classrooms as appropriate. Attends a reasonable number of student/staff events.
2. Seeks to stay informed about issues and activities in the schools.
3. Has a reasonable level of knowledge of administrators, staff, and students.
4. Has a reasonable level of knowledge about community events, concerns, accomplishments, and direction.
E. Leadership—Able to motivate, lead, guide and direct people. Committed to implementing the Mission and Vision Statement of the school system.
1. Facilitates the development of and implements a collaborative educational vision and assists the RSU #11 Board in setting priorities for the school unit.
2. Serves as the educational leader of the school unit. Performs job responsibilities using the Mission and Vision Statement as a guide.
3. Communicates the educational vision and priorities effectively to staff, students, and community.
4. Attend conventions and conferences to keep abreast of latest educational trends.
5. Ensures that policies, procedures and school rules promote a safe, respectful, and healthy school environment.
F. Organizational Management—Uses a systematic approach to managing and improving the schools. Excellent organizational skills, working knowledge of school law, and proven ability to resolve organizational conflicts.
1. Administers, as chief school executive, the development, maintenance, and improvement of the educational program.
2. Maintains, directly or through delegation, such personnel records, pupil accounting records, business records and other records as required by law and/or RSU #11 Board policy.
3. Files, or causes to be filed, all reports required by state or federal laws/regulations.
4. Advises the RSU #11 Board of the need for new and revised policies, and ensures that all policies of the RSU #11 Board are implemented.
5. Makes administrative decisions necessary for the effective and efficient operations of the schools. Acts on own discretion when emergency action is necessary in matters not covered by RSU #11 Board policy. Reports such emergency actions to the RSU #11 Board and recommends policy for future guidance.
6. Develops and implements rules and procedures for staff and students as necessary to comply with RSU #11 Board policies, and state and federal laws/regulations.
7. Delegates to other staff, at own discretion, the exercise of any powers and duties, with the knowledge that such delegation does not relieve the Superintendent of final responsibility for any actions taken.
8. Recommends attendance boundaries for all schools and the transfer of students from one building to another in the interest of good administration of the instructional program. Implements RSU #11 Board policies and state laws/regulations for the promotion, retention and acceleration of students.
9. Makes recommendations to the RSU #11 Board concerning the transportation of students in accordance with RSU #11 Board policies, state laws/regulations, and student safety considerations.
G. Personnel Management—Excellent people skills. Ability to recruit and retain high quality staff. Strong personnel management practices and understanding of collective bargaining issues.
1. Develops and implements a hiring process that complies with applicable state and federal laws and attracts the most qualified candidates.
2. Nominates to the RSU #11 Board for employment the most qualified and competent teachers and administrators.
3. Employs the most qualified and competent support staff.
4. Develops job descriptions for all staff, subject to RSU #11 Board review and approval.
5. Assigns and transfers employees as the interests of the school system require, and reports such actions to the RSU #11 Board for information and record.
6. Participates, as deemed appropriate by the RSU #11 Board, in negotiations with recognized employee bargaining units.
7. Handles employee grievances or problems in accordance with applicable RSU #11 Board policies, collective bargaining agreements, and/or state/federal laws and regulations.
8. Establishes and implements personnel policies and procedures for non-union staff.
9. Ensures that the RSU #11 Board complies with meet and consult requirements on educational policy issues.
10. Establishes personnel procedures that provide information that may be used to advance the quality of the school unit, such as exit interviews for departing employees, employee focus group discussions on specific aspects of job performance and duties, questionnaires and/or other means of eliciting staff member feedback.
H. School Facility Management—Good understanding of facilities management, including development of long-term maintenance plans, and budgeting/planning for future building needs.
1. Makes recommendations to the RSU #11 Board on the location and size of new school sites and additions to existing sites; the location and size of new buildings on sites; plans for new school buildings; appropriates for sites and buildings; and improvements, alterations and changes in buildings and equipment.
2. Develops and implements short and long-term maintenance plans for school buildings and grounds, delegating particular duties as the Superintendent deems appropriate.
3. Includes maintenance and other facilities/equipment needs in budget planning.
4. Develops and implements guidelines and procedures governing the use and care of school facilities and property.
5. Recommends to the RSU #11 Board sales of surplus property no longer needed and authorizes the proper execution of such sales.
I. School Finance/Budgeting—Strong working knowledge of school finance, including budget development and management. Ability to effectively communicate with the Board, staff, community and local municipal officials. Clear understanding of federal, state, and local funding issues.
1. Demonstrates the ability to perform effective financial forecasting and long and short-term financial planning.
2. Supervises the preparation and presentation of the annual budget and recommends it to the RSU #11 Board for approval.
3. Establishes and maintains efficient procedures and effective controls for all expenditures of school funds in accordance with the adopted budget.
4. Clearly explains proposed budgets, needs and priorities to the RSU #11 Board, community and local municipal officials.
5. Conducts all financial operations and purchasing within RSU #11 Board policies and applicable state/federal laws/regulations.
6. Maintains appropriate financial accounts and ensures that audits are performed on an annual basis.
7. Provides prior notice to the RSU #11 Board when there is a need to depart from RSU #11 Board policy in any financial matter.
J. School Improvement—Commitment to supervise and evaluate school programs in the spirit of continuous improvement; understanding of educational practices, research, and national/state/local initiatives,
including Maine’s Learning Results; and ability to frame issues for discussion, reach timely decisions, and implement change.
1. Develops, implements, and monitors the change process to improve the educational program.
2. Is familiar with current research and educational issues.
3. Involves the staff and community in plans to improve the educational program.
4. Ensures that there is a comprehensive system of student assessment in place.
5. Informs and advises the RSU #11 Board about educational programs and instructional practices in the schools.
6. Communicates effectively with staff, students and the community about educational trends, curriculum needs and instructional programs.
7. Ensures that the educational program complies with RSU #11 Board policies and applicable state and federal laws/regulations.
8. Ensures that administrators and teachers communicate student progress and school curricula to parents on a regular basis.
K. Staff Development—Committed to and fosters continuous staff improvement. Emphasizes both systemwide and individual development.
1. Fosters an environment that encourages continuous learning and improvement on the part of school staff.
2. Develops and implements an effective system of staff development focused on improving the educational and operational programs of the schools, with appropriate input from the RSU #11 Board, administration and staff.
3. Provides reasonable opportunities for staff to participate in conferences, visitations and coursework within the framework of the school unit’s budget.
4. Ensures that all staff are involved in the school unit’s staff development opportunities.
5. Informs the RSU #11 Board of staff development priorities, needs, and activities.
L. Superintendent/Board Relations—Understands that the Superintendent is responsible for management of the schools under the RSU #11 Board’s policies and is accountable to the RSU #11 Board. Supports and facilitates the work of the RSU #11 Board. Maintains open communication with the Board.
1. Supervises and ensures compliance with all laws, regulations and RSU #11 Board policies.
2. Keeps the RSU #11 Board informed about programs, activities, accomplishments, problems, and needs of the schools.
3. Presents information and recommendations necessary to assist the RSU #11 Board in performing its duties effectively, including the need for policy on particular subjects.
4. Schedules and attends meetings of the RSU #11 Board.
5. Serves as Secretary to the RSU #11 Board as required by law.
6. Serves as an ex officio member of all school unit/RSU #11 Board committees, attending meetings as specified by the RSU #11 Board.
7. Advises and recommends action by the RSU #11 Board as appropriate concerning student and staff disciplinary issues.
8. Assists the RSU #11 Board in developing annual and long-range goals for the school system.
9. Represents the school unit with the media and other groups as deemed appropriate by the RSU #11 Board.
10. Performs such other tasks as may be assigned by the RSU #11 Board.
M. Supervision/Evaluation—Understands the importance of accountability for staff and self. Uses an evaluation process that establishes clear performance standards and follows through to resolve performance issues.
1. Develops and implements an effective system of supervision and evaluation for all staff, based on RSU #11 Board policies and with appropriate input from administration and staff.
2. Oversees methods of teaching, supervision, evaluation and administration in the schools.
3. Disciplines employees as necessary and reports such actions to the RSU #11 Board as appropriate.
4. Recommends salary changes or dismissal/nonrenewal of administrators and teachers to the RSU #11 Board for final action.
TERMS OF EMPLOYMENT
Work year shall be twelve (12) months. Length of contract, salary, and benefits shall be determined by the RSU #11 Board and Superintendent under the Superintendent’s individual contract.
EVALUATION
Performance shall be evaluated in accordance with the provisions of the RSU #11 Board’s policy on evaluation of the Superintendent.
Cross Reference: CBI - Evaluation of Superintendent
Adopted: November 6, 2008
Reviewed: April 1, 2010
File: CBD
SUPERINTENDENT'S CONTRACT
The employment of the Superintendent shall be made formal by means of a contract entered into by the RSU #11 School Board and the Superintendent. As provided by law, the term of the contract shall not exceed five years and shall end on the 30th day of June, whatever the year of expiration. The contract will state the term of employment, compensation, benefits and other conditions of employment.
Whenever a new Superintendent is chosen, the RSU #11 Board Chair and Secretary will certify, on forms provided by the Commissioner, the required information related to the school Unit’s selection. Certification of employment will be made annually. In addition, certification of employment will be made whenever the incumbent Superintendent’s contract is extended or when changes are made to the Superintendent’s compensation.
Upon notification by the Commissioner, the RSU #11 School Board shall meet during December of the year preceding the expiration of the Superintendent’s contract for the purpose of determining continuance of employment. If the contract is not extended and the Superintendent’s position will become vacant, the RSU #11 Board will act expeditiously to fill the vacancy (or: to select a new Superintendent). If the Superintendent’s position should become vacant during the term of employment specified in the contract, the RSU #11 Board will meet as soon as possible for the purpose of filling the vacancy.
Legal Reference: 20-A MRSA §§ 1051, 1055
Adopted: November 6, 2008
Reviewed: April 1, 2010
File: CBI
EVALUATION OF THE SUPERINTENDENT
The RSU #11 School Board will evaluate the performance of the Superintendent as a regular and scheduled activity. The primary purposes of the evaluation will be to continually improve administrative leadership, to strengthen the working relationship of the RSU #11 School Board and Superintendent governance team, and to assist the RSU #11 School Board in reviewing issues associated with the Superintendent’s employment.
Guidelines
A. The Superintendent should be involved in developing the evaluation form and standards or reviewing the existing evaluation form and standards.
B. The evaluation(s) should be at a regularly scheduled time and place, in an executive session in which all RSU #11 School Board members are present.
C. The Superintendent should prepare for the evaluation by conducting a self-evaluation.
D. The RSU #11 School Board should prepare for the evaluation as follows:
1. RSU #11 School Board members will submit individual written assessments to the Chair, using the evaluation form and standards, with supporting comments giving specific examples related to conduct and/or performance.
2. The Chair will develop a composite evaluation from members’ written opinions.
3. The RSU #11 School Board will meet in executive session to review the composite evaluation and materials related to the Superintendent’s performance. The Superintendent may be invited to, or excluded from, this session at the RSU #11 School Board’s discretion.
[Note: The Superintendent must be present for any discussion that
may lead to or result in allegations, charges or investigation of misconduct.]
E. The RSU #11 School Board will meet with the Superintendent in executive session to review the evaluation:
1. The RSU #11 School Board as a whole will meet with the Superintendent to discuss the evaluation, which should include the composite (or: summary) of individual RSU #11 School Board members’ written assessments as agreed upon by the RSU #11 School Board.
2. The evaluation should include a discussion of strengths as well as areas identified for improvement.
3. As no form or set of guidelines can encompass the totality of the Superintendent’s responsibilities, the evaluation discussion may include items not described in the evaluation form.
4. The RSU #11 School Board’s evaluation should be supported by specific examples of the Superintendent’s conduct/performance, and should represent the perspective of the majority of the RSU #11 School Board.
5. The Superintendent shall be given the opportunity to provide feedback to the RSU #11 School Board regarding his/her perceptions of the working relationship between the Superintendent and the RSU #11 School Board and other issues the Superintendent identifies as relevant to his/her job responsibilities and performance.
F. The RSU #11 School Board will meet in executive session to discuss issues such as compensation, benefits, and extension of contract which are directly related to the Superintendent’s evaluation and employment. The Superintendent may be invited to, or excluded from, this session at the RSU #11 School Board’s discretion.
G. The RSU #11 School Board will meet with the Superintendent in executive session to discuss compensation, benefits, extension of contract and other matters relevant to the Superintendent’s employment.
H. Following the completed evaluation process, the RSU #11 School Board Chair
shall provide the Superintendent with a written summary of the key elements of
the evaluation review.
Performance Objectives
Using the Superintendent’s evaluation(s) for the year and the priorities established by the RSU #11 School Board, the RSU #11 School Board and the Superintendent will establish mutually agreed upon and clearly understood performance goals for the ensuing year. Progress toward these goals will be included as part of the next RSU #11 School Board evaluation of the Superintendent.
Cross Reference: BDD - Board-Superintendent Relationship
CB - School Superintendent
CB-R - Superintendent Job Description
Adopted: August 6, 1992
Revised: November 6, 2008; April 1, 2010
File: CHA
DEVELOPMENT OF ADMINISTRATIVE PROCEDURES
The MSAD #11 Board delegates to the Superintendent the responsibility for promulgating [OR: developing and disseminating] such administrative procedures as may be necessary to carry out the policies adopted by the MSAD #11 Board.
“Administrative procedures” include procedures, directives, specification of actions to be taken, rules/regulations, protocols, and other detailed arrangements for the operation of the school district and the schools.]
The Superintendent may issue such administrative procedures without prior MSAD #11 Board approval unless MSAD #11 Board action is required by state or federal law or regulations, or the MSAD #11 Board has asked that certain individual procedures or types of procedures be presented for its approval.
The Superintendent may recommend a proposed administrative procedure for MSAD #11 Board approval if he/she believes MSAD #11 Board consideration [OR: action] is necessary or desirable.
Cross Reference: CB – School Superintendent
CB-R – Superintendent Job Description
CHD – Administration in the Absence of Policy
Adopted: November 6, 2008
Revised: April 1, 2010; March 3, 2011
File: CHCAA
STUDENT/STAFF HANDBOOKS
Student Handbooks
In order to inform students, parents and staff members of pertinent RSU #11 Board policies, regulations, and school rules and procedures, the administration shall publish and annually revise student handbooks containing information about the school district as a whole and the individual schools. The contents of student handbooks must conform to RSU #11 School Board policies, administrative procedures, and state and federal laws and regulations. The RSU #11 Board shall conduct an annual review of the student handbooks. All first editions of handbooks and any substantive revisions are to be reviewed by legal counsel and approved by the RSU #11 Board prior to publication.
Handbooks shall be distributed to all students the first week of each school year and to new students when they enroll.
Staff Handbooks
To inform staff of RSU #11 Board policies and administrative regulations and Unit and departmental administrative procedures, the Superintendent may develop employee handbooks. The content of any such handbooks must conform with RSU #11 Board policies, administrative regulations, state and federal laws and regulations, and applicable collective bargaining agreements.
The RSU #11 Board shall conduct an annual review of employee handbooks. All first editions and any substantive revisions are to be reviewed by legal counsel and approved by the RSU #11 Board prior to publications.
Handbooks will be distributed to all Unit employees and to new employees after they are hired.
Adopted: June 5, 1986
Revised: October 1, 1992; November 6, 2008; April 1, 2010
File: CHD
ADMINISTRATION IN THE ABSENCE OF POLICY
In cases when action must be taken within the school system and the RSU #11 Board has provided no guidelines for administrative action through policy, the Superintendent shall have the power to act.
The Superintendent shall inform the RSU #11 Board of the need for policy on such topics.
Cross Reference: CB - School Superintendent
CB-R - Superintendent Job Description
Adopted: Prior to 1985
Revised: 6/5/86; 10/1/92; November 6, 2008; April 1, 2010
Choose a policy from the list below.
File: DA
FISCAL MANAGEMENT GOALS/PRIORITY OBJECTIVES
The RSU #11 Board recognizes that money and money management comprise the foundational support of the whole school program. To make that support as effective as possible the Board intends:
A. To encourage advance planning through the best possible budget procedures;
B. To explore all practical and legal sources of revenues;
C. To guide the expenditure of funds so as to achieve the greatest educational returns;
D. To require maximum efficiency in accounting and reporting procedures; and
E. To maintain a level of per pupil expenditure needed to provide high quality education.
As trustee of local, state and federal funds allocated for use in education, the Board has the responsibility to protect the funds and to use them wisely.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DB
ANNUAL BUDGET
The RSU #11 Board recognizes that financial resources and the proper management of same are fundamental to the support of school programs and operations. With this in mind, the RSU #11 Board will develop and present an annual operating budget as directed by applicable laws.
The annual budget will be for a 12-month period covering the fiscal year July 1 through June 30.
The RSU #11 Board shall designate the Superintendent as its budget officer, but he/she may delegate portions of such responsibility as appropriate.
The three general areas of responsibility of the budget officer are budget preparation, budget presentation and budget administration.
Legal Reference: 20-A MRSA § 1301
20-A MRSA § 15617 et seq.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DBC
BUDGET PLANNING
In order that the proposed budget may be presented to the RSU #11 Board of Directors in sufficient time for publication, hearings, and final adoption prior to presentation to the voters, the Superintendent is charged with the responsibility for developing and implementing a budget calendar. The budget calendar will include deadlines and/or schedules, a summary of the procedures to be followed in developing the budget, and a description of the responsibilities of the administrators during the budget process.
Although RSU #11 is required to budget only for a 12-month period of time (the fiscal year beginning July 1 and ending June 30 of the following year), the RSU #11 Board encourages long-range planning for maintenance, capital improvements, bus replacement, equipment, and improvement of educational programming in order to make the most efficient use of available resources and anticipate future budgetary needs.
Legal Reference: 20-A MRSA §§ 1301, 15617
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DBD
DETERMINATION OF BUDGET PRIORITIES
The RSU #11 Board regards the budget as a means of achieving its goal of providing a quality educational program for the students in RSU #11. In keeping with that goal, the Board will seek to provide the necessary resources, but recognizes the need to strike a balance between an ideal educational program and the Unit’s fiscal resources.
The Superintendent, in consultation with the RSU #11 Board, will determine the budget priorities for the year. The following factors will be considered:
A. The health and safety of students and staff;
B. Instructional materials, equipment, and other resources directly related to the Unit’s goals, educational programming, and student achievement of Maine’s system of Learning Results;
C. Contractual, legal, and policy obligations;
D. Adequate staffing of programs and compensation of employees;
E. Maintenance of facilities and equipment;
F. Maintenance of adequate technology resources;
G. Compliance with Federal and State requirements, including those required for the funding of programs; and
H. Fiscal resources available from all sources.
The RSU #11 Board delegates to the Superintendent the responsibility for the preparation of an annual operating budget consistent with the determined priorities. The Superintendent will develop ways for administrators, department heads, and staff to participate in the initial stages of the budget planning process.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DBG
BUDGET ADOPTION PROCESS
Adoption of the annual budget is to be accomplished prior to June 30 for the fiscal year beginning July 1.
The Superintendent will be responsible for preparing the final draft of the budget document. The budget shall include, in addition to operating expenses and expected income for the ensuing year, the sums required for meeting bonds falling due, interest on the bonds and on other obligations, rentals and other fixed charges.
The budget meeting shall be called by a warrant signed by a majority of the Board of Directors in accordance with Maine law.
The budget will be made available for public inspection at the Office of the Superintendent at least seven days before the budget meeting.
At the budget meeting, the budget shall be thoroughly explained and voters shall have an opportunity to be heard. Only those amounts pertaining to operating expenses, appropriations for reserve or contingency funds, or school construction purposes shall be subject to change by the voters.
A majority vote of those voters voting on the school budget referendum shall be necessary for the approval of the annual budget.
Legal Reference: 20-A MRSA §§ 1304 et seq., 15617 et seq.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DBI
BUDGET IMPLEMENTATION/FUND TRANSFERS
The total amounts which may be expended during the fiscal year for the operation of the RSU #11 School System are set forth in the annual budget, adopted by the board, and approved by the voters. Overall responsibility for implementation of the budget shall rest with the Superintendent, who is authorized to approve operating and capital expenditures as specified in the budget.
The total amount budgeted for each major budget program shall be the maximum amount that may be expended for that program, unless a transfer of funds from one program to another is approved by the RSU #11 Board.
In keeping with the need for periodic reconciliation of the Unit’s budget, the RSU #11 Board authorizes the transfer of budget appropriations from one cost center to another by the Superintendent, with the approval of the Finance Committee for amounts of $7500 or higher.
In managing budgets set for individual schools, modifications of the school’s budget by the principal must be approved by the Superintendent.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 7, 1995; December 6, 2005;
May 6, 2010
File: DD
GRANTS
The MSAD #11 Board encourages the Superintendent/designees to pursue federal, state, foundation, corporate and other grants for the support of the schools and the enhancement of educational opportunities. The Superintendent is expected to be alert to potential sources of grant funding and to make recommendations for MSAD #11 Board action. All grant applications or proposals must be approved by the MSAD #11 Board prior to submission to the funding agency.
It is the policy of the MSAD #11 Board to comply with all Federal and State requirements that may be a condition of receipt of grant funds.
When a grant application or proposal is presented to the MSAD #11 Board for its approval, the Superintendent/designee will advise the MSAD #11 Board as to whether additional staff will be needed to support the implementation of the grant and to maintain records that may be required by the grating entity; the availability of resources if matching funds are required; whether additional resources will be needed for continuation of the program when the grant expires; and measures that will be used to evaluate whether the objectives of the grant are being achieved. Grant applications and proposals that apply to individual schools must be submitted to the building principal, who will make a recommendation to the Superintendent. The Superintendent may present the grant application or proposal to the MSAD #11 Board for its approval.
Requests from Parent Teacher Organization’s and other school affiliated groups for the schools to apply for grant monies must be submitted to the Superintendent, who will make a recommendation to the MSAD #11 Board.
All grant funds received will be deposited into District accounts. Applicable Federal and State regulations, MSAD #11 Board policies and school district administrative procedures regarding purchasing, contracting, expenditures, and accounting will be followed in the administration and monitoring of grant funds. Staff positions created through grant funding will be filled pursuant to MSAD #11 Board policy.
The Superintendent/designee may establish additional procedures for grant applicants, coordination of grant proposals, and for oversight and administration of grants received.
The Superintendent/designee will keep accurate records of all grant expenditures and will report annually on all grants received.
Teacher Classroom Grants (“mini-grants”)
Individual teachers may investigate eligibility requirements for foundation, corporate, and other grants that will benefit a single classroom. The building principal is authorized to approve applications/proposals for such “mini-grants” as long as they do not exceed $1000, require matching or non-budgeted funds, or impose a continuing obligation. Classroom grants exceeding $1000 require the Superintendent to approve applications/proposals.
Copies of all grants will be submitted to the Business Office and all mini-grants/classroom grant funds will be deposited into District accounts.
Awards of mini-grants/classroom grants will be reported to the building principal, who will inform the Superintendent. The Superintendent will report such awards to the MSAD #11 Board.
Cross Reference: KCD – Public Gifts/Donations to the Schools
Adopted: March 3, 2011
File: DDA
FUNDS FROM FEDERAL AND OTHER GRANT SOURCES
The Superintendent shall be responsible for informing the RSU #11 Board of potential sources of federal, state, and other funds for the support of the schools and enhancement of educational opportunities for students in RSU #11.
The RSU #11 Board authorizes the Superintendent to act as its agent for the purpose of making applications for federal and state funds. This authorization shall be continuous until revoked by the RSU #11 Board.
The RSU #11 Board recognizes that numerous foundations and organizations offer financial support in the form of grants to public school systems. The RSU #11 Board encourages the Superintendent, school administrators, and staff to seek appropriate grant resources. In order to provide for program continuity and to assist the RSU #11 Board in fiscal planning, acceptance of grants which would require an additional Unit financial commitment during the term of the grant or after the grant ends shall require RSU #11 Board approval.
The Superintendent will notify the RSU #11 Board in a timely manner of grants that have been applied for or accepted.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; June 22, 2000; December 6, 2005
May 6, 2010
File: DFA
REVENUES FROM INVESTMENTS
RSU #11 considers an investment program a critical ingredient of sound fiscal management. The Board authorizes an investment program for the purpose of securing a maximum yield of interest revenues to supplement other revenues for the support of the unit's educational program.
The investment program will be administered in a way that will ensure:
A. The continuous process of temporary investing of all fund balances and moneys available for investment purposes;
B. The maintenance (revised following each cash transaction) of a yearly cash flow chart that will provide data to assist proper planning and decision making regarding amount, duration and type of investments;
C. That all vendors using school district funds provide statements to the unit of their collateral in the form of a list of the securities pledged at market value; and
D. That all unit investments will be in compliance with the law.
Open Competition
At its discretion, the RSU #11 Board may use an open competition system of bid
and/or quotes to obtain the maximum yield possible on all investments from both
local community and beyond-community financial institutions.
Delegation of Authority
RSU #11 authorizes the Superintendent or designee to manage all activities associated with the investment program in such manner as to accomplish the objectives of this policy. Their responsibilities will also include annual review and assessment of the Unit’s investment program and filing a report and recommendations annually with the RSU #11 Board. The Superintendent or designee is further authorized to execute in the
RSU #11 Board’s name any and all documents relating to the investment program in a timely manner and to confer with reputable consultants regarding investment decisions when necessary.
A monthly progress report of investments will be made to the Board.
Legal Reference: 20-A MRSA § 1312
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DFF
STUDENT ACTIVITIES FUNDS
Revenues collected from admissions to school entertainment events, profits from school stores, club and class dues, and student organization fundraising activities shall be deposited and accounted for in a student activities fund maintained for each school. Within this fund, separate accounts will be maintained for accounting purposes. These revenues will be considered school district funds under the direct control of the Superintendent, who may develop and implement procedures relative to these funds, and delegate specific responsibility for deposits, expenditures, and record keeping to the building principals and/or appropriate staff. Procedures for management of student activities funds shall be consistent with sound business and accounting practices.
Student activity funds are to be used only for student activities that augment the school unit’s programs; they are not intended to replace school district funding for school unit programs and activities. Funds raised by approved student clubs or organizations or from classes shall be expended to benefit the specific club or organization or class. All expenditures from student activities funds must be approved in advance by the building principal.
The senior class may decide how to disburse funds remaining in its class account after graduation. Such disbursements may include gifts to the school, to a scholarship fund, or used for an activity approved in advance by the principal. All of the class's outstanding obligations must be paid before the class may expend its remaining funds. Unexpended funds remaining one year after the class has graduated and any interest earned on these funds will be transferred to the RSU #11 general fund.
Student activity funds are part of the total fiscal operation of the Unit and shall be audited as part of the Unit's annual audit.
Cross Reference: DI-Fiscal Accounting and Reporting
JJE-Student Fundraising Activities
Adopted: November 6, 2008
Revised: May 6, 2010
File: DH
BONDED EMPLOYEES AND OFFICERS
At its discretion, the RSU #11 Board may require bonding of any school employee who is responsible for at least $1,000,000 of school moneys annually. The amount of the bond and the method of payment shall be determined by the Superintendent. The Superintendent shall submit a list of all bonded employees to the RSU #11 Board each year.
Adopted: December 6, 2005
Revised: May 6, 2010
File: DI
FISCAL ACCOUNTING AND REPORTING
The RSU #11 Superintendent shall be ultimately responsible for properly accounting for all funds of the school unit.
The accounting used shall be in accordance with requirements of the Maine Department of Education and with good accounting practices, providing for the appropriate separation of accounts, funds, and special moneys.
The Finance Committee of the RSU #11 Board shall receive quarterly financial statements from the Superintendent showing the financial condition of the school system.
It shall be the duty of the Superintendent/designee to:
A. Direct and supervise the preparation of quarterly and annual reports to the Superintendent and the Board;
B. Provide the RSU #11 Board with other reports related to Unit finances as requested by the Board or as developed by the Superintendent for the Board’s information;
C. Advise Principals and other administrators periodically of expenditures related to budget appropriations; and
D. Prepare financial reports required by the Maine Department of Education or other agencies with jurisdiction.
Legal Reference: 20-A MRSA § 1055
Adopted: November 5, 1959
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DID
INVENTORIES
RSU #11 inventory of property and equipment shall be taken on an annual basis. The inventory system shall serve the functions of control and conservation.
Responsibility for this shall be with the Superintendent/designee, to whom Principals and supervisors shall be accountable for the maintenance of proper inventories in their schools.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
FILE: DIDA
FIXED ASSET POLICY
This RSU #11 Policy establishes the minimum cost value (capitalization amount) that shall be used to determine the capital assets, including infrastructure assets, that are to be recorded in the District’s annual financial statements in order to comply with the requirements of GASB Statement No. 34.
This Policy also addresses other considerations for recording and depreciating fixed assets in order to comply with the provisions of GASB Statement No. 34.
Capital Asset Definition
Capital assets will be defined as tangible and intangible assets that have initial useful lives that extend beyond a single reporting period or improvements or betterments that extend the useful life of the capital asset beyond a single reporting period.
Capitalization Method
All capital assets will be recorded at historical cost as of the date acquired or constructed. If historical cost information is not available, assets will be recorded at estimated historical cost by calculating current replacement cost and deflating the cost using the appropriate price-level index.
Capitalization Thresholds
The Unit establishes the following minimum capitalization thresholds for capitalizing fixed assets:
Land and improvements $ 25,000
Buildings and improvements $ 50,000
Machinery/equipment/vehicles $ 5,000
Infrastructure $150,000
Detailed depreciation records shall be maintained for all fixed assets above the established thresholds.
Infrastructure Assets
In accordance with GASB Statement 34, the Unit will record, at a minimum, “major” infrastructure assets as defined in Statement 34 that were acquired, constructed or significantly reconstructed, or that received significant improvements after June 30, 1980. Other infrastructure assets may be capitalized as deemed appropriate. The Unit does not intend to use the “modified approach” to record infrastructure.
Other Assets
Detailed records shall be maintained at the discretion of the Business Manager for all items below the capitalization thresholds that should be safeguarded from loss. These items will be part of the annual physical inventory discussed below. These items may include computer equipment that fall below the established thresholds and any other assets specified by the Business Manager.
Depreciation and Useful Life
The Business Manager will assign an estimated useful life to all assets for the purposes of recording depreciation. The attached “Suggested Useful Lives” schedule will be used to establish lives for most assets. Asset lives will be adjusted as necessary depending on the present condition and use of the asset and based on how long the asset is expected to meet current service demands. Adjustments should be properly documented. Depreciation will be recorded based on the straight line method using actual month convention and depreciated down to the assets salvage value.
Safeguarding and Controlling Fixed Assets
The Business Office will maintain a database of fixed asset and update on an ongoing basis for current additions and deletions. A physical inventory will be taken annually on or about June 30 and compared to the physical inventory records. The results will be forwarded to the Business Office where appropriate adjustments will be made to the fixed asset records.
Adopted: March 3, 2005
Revised: December 6, 2005; May 6, 2010
File: DIE
AUDITS/FINANCIAL MONITORING
RSU #11’s books shall be audited annually by the Maine Department of Auditors or by an outside auditor approved by the Board, based on the July 1 to June 30 fiscal year. The Superintendent/designee shall be responsible for working with auditors in their conduct of annual or other audits as required.
Legal Reference: 20-A MRSA § 6051 et seq.
Adopted: December 6, 2005
Revised: May 6, 2010
File: DJ
BIDDING/PURCHASING REQUIREMENTS
MSAD #11 expects all purchases made by the school unit to be consistent with applicable laws and sound business practices. The Superintendent shall be responsible for developing and implementing administrative procedures for bidding and purchasing consistent with this policy.
This policy is intended solely as an internal guide to purchasing by the school unit. It does not afford any vendor any property or contractual rights against the school unit. No vendor shall have any enforceable rights against the school district based upon this policy or alleged violations of this policy. No vendor shall have any rights against the school unit until such time as a written contract between the vendor and the school unit is executed by the vendor and an authorized representative of the school unit.
A. Bidding Required by Law
Maine law requires the Board to competitively bid property and casualty insurance; school bus and transportation contracts in excess of $4,000; school building construction, alterations and repairs over $25,000 (except contracts for professional architectural and engineering services); and bond anticipation notes for state-subsidized school construction projects.
B. Competitive Bidding of Other Purchases
Where bidding is not required by law, it shall be the policy of the school unit to competitively bid purchases of equipment, supplies, materials provided where the cost exceeds $5,000 or that it is practical and cost-effective to specify the materials or services with sufficient particularity to allow meaningful comparison of bids.
If competitive bidding is not utilized, the Superintendent may seek Requests for Proposals (RFP) for purchases. An RFP identifies the need the school district intends to meet, but permits the vendor to propose the manner in which the work is to be performed and the materials to be used.
The Superintendent may forego the competitive bid or RFP process only when he/she determines that quality, expertise, time factors, or other important considerations outweigh the possible benefits of bidding or requesting proposals. In each such case, the Board shall be informed of the
Superintendent’s decision and the reasons for it in advance of entering into a contract.
It shall be the policy of the MSAD #11 Board to purchase items locally, in-so-far as it is consistent with high quality and competitive pricing.
C. Procedures for Bidding and Requesting Proposals
The method of notification that the school unit uses to solicit bids and proposals shall be reasonably designed to attract qualified vendors. Depending upon the circumstances, such notification may include public advertising and/or mailing of notices to potential vendors.
Bid Procedures
A. The notification shall specify the deadline for submitting bids and the time and place of bid opening. Bid alternates shall be permitted at the discretion of the Superintendent. The notice shall reserve the right of the school unit to reject any or all bids, and to waive technical or immaterial non-conformities in bids if in the best interest of the school unit, and to exercise judgment in evaluating bids.
B. Written bids. Bids shall be in writing, sealed with outside envelope or wrapper plainly marked “Bid, not to be opened until (insert appropriate date),” and mailed or filed with the Superintendent of the unit.
C. Bids shall not be opened until the appointed time.
D. Public opening. At the time and place stated in the public notice, and open to the public, all bids shall be opened by the Superintendent or designee.
E. Bids shall, at that time, either be made available for examination or shall be read aloud in a manner to be heard plainly by those in attendance.
F. In general, the School Board will award contracts to the lowest bidder which the Superintendent and School Board deem can satisfactorily fulfill the contract.
RFP Procedures
A. Proposals should be submitted in plain envelopes clearly marked “Proposal, not to be opened until (state time and date).” The RFP shall state the time and date that proposals shall be opened, and no proposals shall be opened before that time. Public opening is not required.
B. Proposals are to be evaluated based on criteria appropriate for the project in question, and the contract will be awarded to the vendor whom the Superintendent and School Board deem best able to meet the requirements of the school unit.
Dispute Resolutions
[NOTE: Federal regulations require school units to have a process for dispute resolution, but do not specify any particular procedure. This section should be modified to reflect local practice.
A bidder or respondent to a request for a proposal (RFP) may protest a procurement or contract award if he/she believes that it was made in a manner inconsistent with MSAD #11 Board policy, specifications, law or regulations. A protest must be submitted to the Superintendent in writing within five business days after receipt of notification of the award being made, with all documents supporting the protest.
The Superintendent shall review the protest and supporting documents and render a decision in writing within 20 business days of receipt of the protest. The Superintendent may also convene a meeting with the bidder or respondent to attempt to resolve the problem.
If the bidder or respondent is not satisfied with the Superintendent’s decision, he/she may appeal to the MSAD #11 Board. The Superintendent will provide reasonable notice to the bidder or respondent of the time for the MSAD #11 Board’s consideration of the protest. The MSAD #11 Board’s decision shall be final.
Legal Reference: 5 MRSA § 1743-A
20-A MRSA §§ 1001(14), 5401(13)(D); 5402
20-A MRSA § 1314
§ 13 c (Maine State Board of Education Rules for School Construction Projects)
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; January 22, 1998; December 6, 2005
May 6, 2010; March 3, 2011
File: DJH
PURCHASING AND CONTRACTING: PROCUREMENT STAFF CODE OF CONDUCT
Conflict of Interest
All employees of MSAD #11 shall perform their duties in a manner free from conflict of interest to ensure that the school district’s business transactions are made in compliance with applicable laws and regulations and in a manner that maintain public confidence in the schools. No employee of MSAD #11 with a real or an apparent conflict of interest in a proposed transaction shall participate in the selection, award or administration of a contract pursuant to the transaction.
Conflict of interest is defined as when as interested party has a financial interest in the firm selected for the award. Interested party is defined as 1) the employee; 2) a member of the employee’s immediate family; 3) his/her partner; or 4) an organization that employs, or is about to employ a person described above.
Conflict of Interest Disclosure
All employees with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the superintendent of schools who will investigate the circumstances of the transaction. The superintendent of schools will exercise due diligence in investigating the circumstances of the transaction and if necessary, will make reasonable efforts to find alternatives to the proposed transaction or arrangement that would not give rise to a conflict of interest. If the superintendent of schools determines that the proposed transaction is in the best interest of MSAD #11 and is fair and reasonable, it may proceed with the transaction. In the event the superintendent of schools may have a conflict of interest, an adjunct committee of the school board will investigate and make a determination regarding the transaction.
Staff Gifts and Solicitations
MSAD #11 employees are prohibited from accepting money or things of material value from persons or entities doing business with, or desiring to do business with, the school district. Employees may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program.
Violations
Employees of MSAD #11 who violate this code of conduct may be subject to discipline, up to and including termination of employment, and if appropriate, referral to law enforcement.
Legal Reference: 34CFR 74.40 – 74.48; 80.36 (Education Department General
Administrative Regulations (EDGAR)
DOE Administrative Letter 6 – 9/18/2006 – NCLB Fiscal Compliance
Cross Reference: BCB - Board Member Conflict of Interest
DJ - Bidding/Purchasing Requirements
GBI - Staff Gifts and Solicitations
KCD - Public Gifts/Donations to the Schools
Adopted: May 6, 2010
Revised: March 3, 2011
File: DKC
EXPENSE AUTHORIZATION/REIMBURSEMENT
The same RSU #11 general policy shall apply to all school system personnel and to Unit officials (Board members) in regard to reimbursement of expenses.
A. Personnel and RSU #11 officials who incur expenses in carrying out their authorized duties shall be reimbursed by the Unit upon submission of a properly filled out and approved voucher and/or such supporting receipts as required by the Business Manager. Vouchers and/or receipts must be submitted within 60 days of the date expenses are incurred.
B. Such expenses shall be approved in advance and incurred within the budgetary allocations for the specific types of expenses.
C. When travel by a personally owned vehicle has been authorized, mileage payment will be made at the current rate approved by the Internal Revenue Service on January 1st and July 1st of each year.
D. Travel expenses, as authorized in the current school budget, may be advanced to representatives of the Unit. Reimbursement is expected to cover the necessary costs for attendance at the meeting/seminar/conference, but shall not include costs beyond those reasonably required.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DLB
TAX SHELTERED ANNUITIES
So that RSU #11 employees may obtain the benefit of tax sheltered annuities, the Board hereby authorizes the adoption of a Tax Sheltered Annuity Plan. The Superintendent is authorized to sign a written Tax Sheltered Annuity Plan (the “Plan”) on behalf of the Board. The Plan shall provide that:
A. Any employee may participate in the Tax Sheltered Annuity Plan, subject to the limitations of the Plan and the Internal Revenue Code.
B. Any agent or agency wishing to sell tax sheltered annuities to employees must file with the Superintendent evidence of its license to sell such annuities in the State of Maine.
C. Only those providers of annuities who agree to comply with the terms of the Plan shall be permitted to participate as an annuity provider under the Tax Sheltered Annuity Plan. In accordance with the Plan, the Board retains the right to limit the number of annuity providers authorized to sell annuities to employees. These shall include, but are not limited to, TSA’s and IRA’s, provided that no new TSA providers shall be permitted unless at least five (5) teachers have signed up with that provider.
D. At no time will solicitation by providers of tax sheltered annuities be permitted in school buildings or on school property during regular school hours.
Adopted: December 6, 2005
Revised: May 6, 2010
File: DM
CASH IN SCHOOL BUILDINGS
In RSU #11 no money shall be kept overnight in schools except in a locked depository that the Principal has made available for that purpose.
In the event that money is stolen from desks or cabinets or elsewhere in the school buildings, the RSU #11 School Board cannot be held liable for the loss. School funds left in designated depositories will be insured.
Adopted: Prior to 1985
Revised: June 5, 1986; January 7, 1993; December 6, 2005; May 6, 2010
File: DN
SCHOOL PROPERTIES DISPOSITION
The RSU #11 Superintendent is authorized to determine, through procedures he/she develops, when personal property (supplies, materials, equipment), as distinguished from real property, is obsolete or no longer of use to the school unit and to declare it surplus.
The Board is to be informed of any property declared surplus by the Superintendent prior to its disposal. Procedures for disposal of all surplus personal property shall be in accordance with the following:
A. All member municipalities are to be informed in writing of property declared surplus and are to have first option to purchase. The charges for municipal purchases shall be determined by the Superintendent after consultation with the Board (or “Board’s Finance Committee”).
B. Surplus property, including books, to be offered for sale shall be disposed of by sealed bid, public auction, or public sale. Public notice of any sale of surplus property shall be given at least one week in advance of an auction, sale or opening of sealed bids.
C. Library books, textbooks and instructional materials are to be disposed of by a means most likely to offer promise of continuing educational benefit, first to citizens of the school unit, then to others.
D. Any surplus property which is offered for public sale and is not sold may be disposed of in a manner deemed advisable by the superintendent, including donation to non-profit agencies.
E. Any property determined to be worthless, or for any reason is considered to be inappropriate for sale, shall be disposed of in a manner the Superintendent deems appropriate after so informing the Board, with recycling as a priority where feasible.
F. Any school unit identification that has been applied to the surplus property shall be removed or, if not possible to remove, be further identified to indicate the intended disposition and surplus nature (i.e., “SOLD BY”, “SURPLUS”).
All revenues which result from the sale of surplus property shall be credited as miscellaneous income except in any instance where law requires that it be credited to a specific account.
Legal Reference: 20-A MRSA § 7
Adopted: Prior to 1985
Revised: 1986; April 2, 1992; January 7, 1993; December 6, 2005; May 6, 2010
Choose a policy from the list below.
File: EBAA
CHEMICAL HAZARDS
RSU #11 is committed to providing a safe environment for students and employees. It is the policy of RSU #11 to follow safe practices in regard to the storage and handling of hazardous chemicals in its schools. The school unit will comply with all applicable Maine and federal laws and regulations concerning hazardous chemicals.
The Superintendent will be responsible for developing a Chemical Hygiene Plan that includes procedures relevant to the identification, purchase, storage, inventory, handling, and disposal of hazardous chemicals, maintenance of material safety data sheets (MSDS), and for ensuring that employees are provided required training and information concerning hazardous chemicals used in the schools. The Superintendent may delegate responsibilities associated with Plan development to school system staff (Director of Plant Operations).
The Superintendent/designee will appoint a Chemical Hygiene Officer (Director of Plant Operations) for the school unit. The chemical Hygiene Officer will have the primary responsibility for implementing the school unit’s Chemical Hygiene Plan. The person appointed Chemical Hygiene Officer should be familiar with State and federal regulations pertaining to laboratory and chemical safety and the chemicals used in the schools.
The chemical Hygiene Office shall achieve such certification and/or attend such training as may be mandated by the Maine Department of Education or other State agencies.
Legal Reference: 29 C.F.C. § 1910.1200
26 M.R.S.A. § 565
Ch.2 § 179 (Dept. of Prof. Regulation Rule)
Ch. 161 (Dept. of Educ. Rule)
Commissioner’s Administrative Letter No. 33, June 9, 2005
(Chemicals in Schools)
Cross Reference: EBCA-Crisis Response Plan
Adopted: October 6, 2005
Revised: December 7, 2006; June 3, 2010
File: EBCA
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
(FORMERLY: CRISIS RESPONSE PLAN)
The RSU #11 Board hereby adopts the RSU #11 Comprehensive Emergency Management Plan. The Superintendent and building administrators shall be responsible for developing, in consultation with staff and persons or agencies with expertise in planning for and responding to emergencies, a comprehensive emergency management plan that identifies and addresses all hazards and potential hazards that could reasonably be expected to affect the school unit and school facilities.
The Superintendent and building administrators shall be responsible for ensuring that the plan is implemented in each school and evaluated on an annual basis. It is understood that specific procedures may vary from school to school due to differences in school facilities and the ages of students.
As required by law, the RSU #11 Board will approve the plan annually. Any substantive changes in the plan shall be subject to the approval of the RSU #11 Board.
The following information pertaining to the RSU #11 Comprehensive Emergency Management Plan is considered public information:
A. A description of the scope and purpose of the Plan and the process used
for developing and updating it;
B. General information on auditing for safety and preparedness;
C. Roles and responsibilities of school administrators, teachers and staff and
the designated chain of command during an emergency; and
D. Strategies for conveying information to parents and the general public
during an emergency.
Except as specified in paragraphs A through D above, those portions of the Comprehensive Emergency Management Plan and any other records describing security plans, security procedures or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism shall not be considered public information under the Freedom of Access Act but only to the extent that the release of such information could reasonably be expected to jeopardize the physical safety of school unit personnel or the public. For the purpose of this policy, “terrorism” is defined as in 1 MRSA § 402(3)(L) as “conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.”
Legal Reference: 20-A MRSA § 1001(16)
Adopted: March 1999
Revised: December 7, 2006; April 3, 2008; June 3, 2010
File: EBCB
EMERGENCY EVACUATION DRILLS
In order to protect the health and safety of students and staff and in compliance with the Maine Department of Education regulations, schools at all levels, K-12 are required to hold two emergency evacuation drills during the first two weeks of school. MSAD #11 schools housing grades K-5 will hold an additional eight emergency drills during the school year; MSAD #11 schools housing grades 6-8 an additional six emergency drills; and MSAD #11 schools housing grades 9-12 an additional four emergency drills. MSAD #11 schools housing any combinations of these grade levels will hold the additional number of emergency drills required of the lowest grade level within the span, except that the local fire chief may increase the number of drills required. Results shall be recorded and deficiencies noted and corrected.
Emergency evacuation procedures will be incorporated into the school district’s emergency management plan. Building principals may seek the advice of local fire, emergency management and law enforcement officials to identify routes that will accomplish the evacuation of their individual school buildings as quickly and efficiently as possible.
Principals shall keep a record of all emergency evacuation drills held in their schools, stating the date and time the drill was held and the time required for evacuation of the building. This information will be reported to the Superintendent or his/her designee after each drill. Fire officials will be notified before each drill.
Written procedures for emergency evacuation drills shall be posted in each classroom and in the building principal’s office.
The Superintendent/designee will be responsible for ensuring that school personnel receive an annual orientation concerning emergency evacuation procedures. The building principal will be responsible for ensuring that teachers familiarize students with designated evacuation routes prior to the first emergency evacuation drill of the school year.
BUS EVACUATION DRILLS
Maine Department of Education regulations require that, at least twice a year, students who are transported in school buses be instructed in safe riding practices and participate in emergency evacuation drills. The Director of Operations will be responsible for arranging the times and locations of such drills. Bus evacuation drills must be conducted in the school parking lot or other safe location. The Director of Operations, in consultation with the Special Services Director and/or Section 504 Coordinator, will determine appropriate evacuation procedures for students with disabilities. The first bus evacuation drill will occur within the first two weeks of the school year.
LOCK DOWN DRILLS
Some high-risk situations (e.g., intruder with weapon) may result in a lock down or partial lock down of a school rather than an evacuation. A minimum of two lock down drills will occur annually with the first drill occurring within the first month of school.
Legal Reference: Ch. 125 § 10.2 (Me. Dept. of Ed. Rule)
Ch. 81 § 2(B) (Me. Dept. of Ed. Rule)
Cross Reference: EBCA – Comprehensive Emergency Management Plan (Crisis Response Plan)
Adopted: Prior to 1985
Revised: June 5, 1986; June 25, 1992; August 6, 1992; December 7, 2006; June 3, 2010;
March 3, 2011
File: EBCC
BOMB THREATS
The RSU #11 Board recognizes that bomb threats are a significant concern to the school unit. Whether real and carried out or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students and staff and to the integrity of school property. Bomb threats disrupt the instructional program and learning environment and also place significant demands on school financial resources and public safety services. These effects occur even when such threats prove to be false.
Any bomb threat will be regarded as an extremely serious matter and treated accordingly. The RSU #11 Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.
A. Conduct Prohibited
No person shall make, or communicate by any means, whether verbal or non-verbal, a threat that a bomb has been, or will be, placed on school premises. Because of the potential for evacuation of the schools and other disruption of school operations, placement of a bomb or of a “look-alike” bomb on school premises will be considered a threat for the purpose of this policy.
It is also a violation of RSU #11 Board policy to communicate by any means that any toxic or hazardous substance or material has been placed, or will be placed, on school premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the schools.
B. Definitions
1. A “bomb” means an explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, “Molotov cocktail” or other destructive device.
2. A “look-alike bomb” means any apparatus or object that conveys the appearance of a bomb or other destructive device.
3. A “bomb threat” is the communication, by any means, whether verbal or non-verbal, that a bomb has been, or will be, placed on school premises, including possession or placement of a bomb or look-alike bomb on school premises.
4. “School premises” means any school property and any location where any school activities may take place.
5. A “toxic or hazardous substance or material” means any material or substance, including biomedical materials or organisms, that, when placed as threatened, could be harmful to humans.
C. Development of Bomb Threat Procedures
The Superintendent/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of the school unit’s Crisis Response Plan. These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:
1. Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety);
2. Building evacuation and re-entry (including selection of potential alternative sites for those who are evacuated);
3. Incident “command and control” (who is in charge, and when);
4. Communications contacts and mandatory bomb threat reporting;
5. Parent notification process;
6. Training for staff members; and
7. Support services for students and staff.
The initial bomb threat procedure will be subject to approval by the RSU #11 Board. The Superintendent/designee will be responsible for overseeing a review or evaluation of bomb threat procedures prior to the Board’s
required annual approval of the school unit’s Crisis Response Plan, or following implementation of the procedure in response to a specific threat.
D. Reporting of Bomb Threats
A student who learns of a bomb threat or the existence of a bomb on school premises must immediately report such information to the building
principal, teacher, the School Resource Officer or other employee in a position of authority.
An employee of the school unit who learns of a bomb threat shall immediately inform the building administrator. The building administrator shall immediately take appropriate steps to protect the safety of students and staff in accordance with the school unit’s bomb threat procedure, as developed under Section C, and inform the Superintendent of the threat.
All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.
The Superintendent shall be responsible for reporting any bomb threat to the Department of Education within two business days of the incident. Reports will include the name of the school, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended.
E. Student Disciplinary Consequences
Making a bomb threat is a crime under Maine law. Any student suspected of making a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action by the school.
The administration may suspend and/or recommend for expulsion any student who makes a bomb threat. The making of a bomb threat will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A M.R.S.A. § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.
In addition, a student who is found after hearing by the RSU #11 Board to have brought a bomb to school shall be expelled from school for at least one year in accordance with 20-A M.R.S.A. § 1001(9-A) and Policy JICIA, except that the Superintendent may modify the requirement for expulsion based on individual circumstances.
A student who has been identified through the PET process as having a disability and whose conduct in violation of this policy is related to the disability shall be disciplined as provided in Policy JKF.
F. Aiding Other Students in Making Bomb Threats
A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of this policy.
G. Failure to Report a Bomb Threat
A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a school building or on school property may be subject to disciplinary consequences, which may include suspension and/or expulsion.
H. Staff Disciplinary Consequences
A school unit employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment. Disciplinary action taken shall be consistent with collective bargaining agreements, other employment agreements and RSU #11 Board policies.
A school unit employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on school premises will be subject to discipline up to and including termination of employment.
I. Civil Liability
The school unit reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law.
J. Lost Instructional Time
Instructional time lost as a result of a bomb threat may be rescheduled at the earliest appropriate opportunity, as determined by the Superintendent/ designee in consultation with the RSU #11 Board.
The Board and Superintendent/designee should take into consideration the terms of applicable collective bargaining or other employment agreements, potential conflicts with holiday or vacation periods, with planned school events, and school bus schedules in determining an appropriate make-up time.
K. Notification Through Student Handbook
All student handbooks shall address the school unit’s bomb threat policy and procedures and explain the educational consequences of bomb threats. In addition, student handbooks shall notify students and parents that bomb threats violate Board policy and civil and criminal law.
Legal References: 18 U.S.C. §§ 921; 8921
17-A M.R.S.A. § 210
20-A M.R.S.A. §§ 263; 1001(9); 1001(9-A); 1001(17); 1001(18)
Ch. 125 § 10.06 (Me. Dept. of Ed. Rules)
Cross References: EBCA – Crisis Response Plan
JKD – Suspension of Students
JKE – Expulsion of Students
JKF – Suspension/Expulsion of Students with Disabilities
JICIA – Weapons, Violence and School Safety
Student Code of Conduct
Adopted: February 2003
Revised: December 7, 2006; June 3, 2010
File: EBCE
SCHOOL CLOSINGS AND CANCELLATIONS
The RSU #11 School Board authorizes the Superintendent to cancel or close school(s) for the day, delay opening, or dismiss school(s) early in the event of severe weather, hazardous travel conditions, or other emergencies which present threats to the safety of students and staff. Decisions to close school for the day should be made no later than 6:00 A.M.
When school is closed for the day or dismissed early, all after-school and evening school-sponsored activities and community use of school facilities will be cancelled or postponed.
Notice of closing or cancellation shall be given to students and parents by means of media announcements or by other appropriate means. Such notice shall be given sufficiently in advance of the school session in order to avoid confusion and inconvenience.
When school is in session, it remains the responsibility of parents to decide whether or not their children shall attend school under the existing conditions.
Storm days lost in excess of the number provided for in the school year calendar will be made up as determined by the RSU #11 Board.
Adopted: December 7, 2006
Revised: June 3, 2010
File: ECA
ENERGY CONSERVATION/MANAGEMENT IN THE SCHOOLS
The RSU #11 Board recognizes the importance of energy conservation in effectively managing school district finances and in preserving the nation’s natural resources. RSU #11 will strive to use energy as efficiently as practicable while maintaining a safe and comfortable environment for students and staff.
The RSU #11 Board also believes that a conservation ethic and increased environmental awareness are essential elements of responsible citizenship. The instructional program should include age-appropriate activities designed to increase student understanding of the costs and benefits of recycling, energy use and the effects of energy production on the supply of natural resources.
Energy Conservation/Management
The Superintendent or Director of Operations shall be responsible for implementing procedures to encourage conservation and efficient energy management.
Such procedures may include but are not limited to:
A. Review of past and present energy consumption in school district facilities;
B. Review of current operational and maintenance practices;
C. Development of district-wide conservation guidelines with identified goals and objectives and recommendations for action;
D. Conducting “energy audits” of school district facilities;
E. Maintenance of equipment on a regular basis in order to secure maximum energy savings over the life of the equipment;
F. Implementation of no-cost or low-cost building maintenance, equipment, and appliance use procedures to reduce consumption of energy;
G. Implementation of “no idling” protocols for school buses;
H. Monitoring of conservation/energy management measures that are implemented;
I. Providing information related to energy consumption, the cost of energy, and results of efforts to reduce energy use to school administrators, the RSU #11 Board, and the community;
J. Taking into consideration budgetary restraints, making recommendations to the RSU #11 Board concerning long-range strategies, including preventive maintenance, equipment upgrades, and replacement and retrofitting alternatives for school facilities; and
K. Providing rewards or recognition to school facilities that effectively reduce energy consumption.]
Energy Conservation in the Curriculum
An understanding of energy use and its relationship to economics and natural resources and of the effects of energy production on the environment is essential to the development of a conservation ethic. Students should also be aware of the difference between sustainable and non-renewable resources.
The instructional program will include appropriate activities designed to foster energy and environmental awareness and promote conservation. The Superintendent [OR: Curriculum Director, OR: other designee] shall be responsible for leading the school district’s efforts in incorporating principles of resource conservation into the curriculum.
All school district personnel will be expected to contribute to the school district’s efforts to save energy. Success in achieving the goal of reduced energy consumption depends upon the commitment and cooperation of administrators, teachers, support staff, and students. Schools are encouraged to recognize responsible energy conservation actions and behavior on the part of students and staff.
Adopted: April 2, 2009
Revised: June 3, 2010
Page 2 of 2
File: ECB
PEST MANAGEMENT IN SCHOOL FACILITIES
AND ON SCHOOL GROUNDS
The RSU #11 Board recognizes that structural and landscape pests can pose significant problems for people and school unit property, but that use of some pesticides may raise concerns among parents, students, and staff. It is therefore the policy of RSU #11 to incorporate Integrated Pest Management (IPM) principles and procedures for the control of structural and landscape pests. A copy of this policy shall be kept in every school and made available upon request to staff, parents, students, and the public.
IPM is a systematic approach to pest management that combines a variety of methods for managing pests, including monitoring; improved horticultural, sanitation, and food storage practices; pest exclusion and removal; biological control; and pesticides.
For the purpose of this policy, “pests” are populations of living organisms (animals, plants or microorganisms) that interfere with use of school facilities and grounds. “Pesticide” is defined as any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
The objective of the school unit’s IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others.
The Superintendent and/or designee shall develop and implement a Pest Management Plan consistent with the following IPM principles and procedures:
A. Appointment of a Director of Plant Operations
The Superintendent/designee will appoint a Director of Plant Operations for the school unit. The Director of Plant Operations will be the primary contact for pest control matters and will be responsible for overseeing the implementation of the IPM plan, including making pest control decisions.
The Director of Plant Operations will consult with the building principal and/or Superintendent before a decision is made to do a pesticide application for which notice is required and before providing notification of the planned application.
The Director of Plant Operation’s responsibilities may include:
1. Recording and monitoring data and pest sightings by school staff and students;
2. Coordinating pest management with pest control contractors;
3. Recording and ensuring that maintenance and sanitation recommendations are carried out where feasible;
4. Ensuring that any pesticide use is done according to the school district’s Pest Management Plan and Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (“Standards for Pesticide Applications and Public Notification in Schools”);
5. Making the school unit’s pest management policy available in every school building;
6. Having available for parents and staff a copy of the Maine regulation pertaining to pesticide applications in schools (Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (“Standards for Pesticide Applications and Public Notification in Schools”) and a record of prior pesticide applications and information about the pesticides used.
7. Initiating and coordinating notification of parents and staff of pesticide applications according to the school unit’s notification procedure and posting notification signs as appropriate; and
8. Recording all pesticides used by either a professional applicator or school staff and maintaining other pest control data.
B. Identification of Specific Pest Thresholds
Routine inspection and accurate identification of pests are needed to recognize potential problems and determine when action should be taken.
Action thresholds for specific sites will be determined on a case-by-case basis by the Director of Plant Operations in consultation with the building principal and/or Superintendent, and if necessary, with the advice of a professional pest control expert.
As pest management objectives will differ from site to site (e.g., maintaining healthy turf and specific playing surfaces on athletic fields; carpenter ant control in buildings or maintenance of ornamental plants), differences should be considered before setting an action threshold.
C. Pesticide Applicators
Any person who applies pesticides in school buildings or on school grounds, including school personnel, must possess a Maine pesticide applicators license and should be trained in the principles and practices of IPM. All pesticide use must be approved by the school unit’s Director of Plant Operations. Applicators must follow state regulations and label precautions and must comply with the IPM policy and pest management plan.
[NOTE: School personnel do not need to be licensed for normal or routine cleaning practices, for emergency stinging insect control, or use of repellants for personal protection. However, school personnel do need to be licensed if they will be using pesticides in school facilities or on school grounds.]
D. Selection, Use, and Storage of Pesticides
Pesticides should be used only when needed. Non-chemical pest management methods will be implemented whenever possible to provide the desired control. The choice of using a pesticide will be based on a review of other available options (sanitation, exclusion, mechanical means, trapping, biological control) and a determination that these options have not worked or are not feasible. When it has been determined that a pesticide must be used to achieve pest management goals, the least hazardous effective pesticide should be selected. Application should be conducted in a manner that, to the extent practicable using currently available technology, minimizes human risk.
Decisions concerning the particular pesticide to be used and the timing of pesticide application should take into consideration the use of the buildings or grounds to be treated.
Pesticide purchases should be limited to the amount expected to be used for a specific application or during the year. Pesticides will be stored and disposed of in accordance with label directions and state and federal regulations. Pesticides must be stored in an appropriate, secured location not accessible to students or unauthorized personnel.
E. Notification of Students, Staff, and Parents of Use of Pesticides
A notice will be provided to staff, students, and parents within the first two weeks of the school year briefly explaining the school unit’s DPO/pesticide use policy including provisions for notification to parents and staff of specific planned pesticide applications in school buildings or on school grounds.
When required by regulations, the school will notify staff, students, and parents/guardians at least five days in advance of planned pesticide treatments in the school or on school grounds, including playgrounds and playing fields.
When required by regulations, signs will be posted at each point of access to the treated area and in a common area of the school at least two working days prior to the application and for at least 48 hours following the application in accordance with applicable Maine Board of Pesticides Control regulations.
F. Recordkeeping
When a pesticide has been used, records pertinent to the application including labels and material safety data sheets will be maintained at a designated central location for two years following application. Records are to be completed on the day the pesticide is applied. Pest surveillance records should be maintained to verify the need for pesticide treatments.
Legal Reference: 7 MRSA §§ 601-625
22 MRSA §§ 1471-A-1471-X
Ch. 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (Standards for Pesticide Applications and Public Notification in Schools)
Cross Reference: EBAA - Chemical Hazards
Adopted: December 7, 2006; June 3, 2010
File: EBCF
AUTOMATED EXTERNAL DEFIBRILLATORS (AED’S)
The RSU #11 School Board recognizes that from time to time medical emergencies may arise that warrant the use of an automated external defibrillator (AED). MSAD #11 may acquire one or more AED’s for use in its schools and at school athletic events.
The Superintendent shall be responsible for developing, in consultation with the school physician or other qualified experts, and in accordance with the manufacturers’ instructions, protocols for the use, storage, location, testing and maintenance of the school unit’s AED’s, and for the identification of school personnel who should be trained in the use of an AED.
Although the RSU #11 School Board authorizes the acquisition of AEDs, it cannot and does not guarantee that an AED or a person trained in its use will be available at any particular school site or school-sponsored event.
(NOTE: The AED law, 22 MRSA § 2150-C, as amended, provides immunity from civil liability for damages relating to the use, possession or purchase of an AED and arising out of acts or omissions relating to preparing for and responding to suspected sudden cardiac arrest emergencies absent gross negligence or willful or wanton misconduct for any person or entity acquiring, maintaining, using, prescribing, or providing instruction in the use of an AED.)
Legal Reference: 14 MRSA § 164
20-A MRSA § 4009
22 MRSA § 2150-C
Cross Reference: EBCA – Crisis Response Plan
Adopted: August 22, 2007
Revised: May 7, 2008; December 4, 2008; June 3, 2010
File: ECB-E1
PEST MANAGEMENT NOTIFICATION
RSU #11 uses an Integrated Pest Management (IPM) approach to the control of insects, rodents, microorganisms, weeds and other pests in school buildings and on school grounds. IPM combines a variety of methods for managing pests including monitoring, improved sanitation and food storage practices, pest exclusion and removal, biological control, and pesticides. The objective of the IPM program is to provide effective pest control while minimizing pesticide use.
Pesticides
Non-chemical pest management methods will be implemented whenever possible. However, sometimes pesticide use may be necessary to control a pest problem. When that happens, the school will use the least hazardous effective pesticide feasible.
Notification
When required by law, parents/guardians and school staff will be notified at least five days* in advance of specific pesticide applications. When required by law, pesticide application notices will be posted in school and on school grounds.
Notification need not be given for pesticide applications recognized by law or regulations to pose little or no risk of exposure to students or staff.
A copy of the school system’s IPM/Pest Management policy is available for review in the school office. The school also keeps records of prior pesticide applications and the pesticides used. You may review these records, a copy of the policy and Maine’s “Pesticides in Schools” regulation (Chapter 27 of the Department of Agriculture Board of Pesticides Control “Standards for Pesticide Applications and Public Notification in Schools”) by contacting our IPM Coordinator Jon Stonier at 207-582-5346.
Adopted: December 7, 2006
Revised: June 3, 2010
File: ECB-E2
PEST MANAGEMENT NOTIFICATION (REGISTRY)
RSU #11 uses an Integrated Pest Management (IPM) approach to the control of insects, rodents, microorganisms, weeds and other pests in school buildings and on school grounds. IPM combines a variety of methods for managing pests including monitoring, improved sanitation and food storage practices, pest exclusion and removal, biological control, and pesticides. The objective of the IPM program is to provide effective pest control while minimizing pesticide use.
Pesticides
Non-chemical pest management methods will be implemented whenever possible. However, sometimes pesticide use may be necessary to control a pest problem. When that happens, the school will use the least hazardous effective pesticide feasible.
Notification
When required by law, parents/guardians and school staff will be notified in advance of specific pesticide applications. In order to receive notification, you must request to be placed on the school’s notification registry. Notification will be given at least five days* before the planned pesticide application. When required by law, pesticide application notices will be posted in school and on school grounds.
Notification need not be given for pesticide applications recognized by law or regulations to pose little or no risk of exposure to students or staff.
A copy of the school system’s IPM/Pest Management policy is available for review in the school office. The school also keeps records of prior pesticide applications and the pesticides used. You may review these records, a copy of the policy and Maine’s “Pesticides in Schools” regulation (Chapter 27 of the Department of Agriculture Board of Pesticides Control “Standards for Pesticide Applications and Public Notification in Schools”) by contacting our Director of Plant Operations at 207-582-5346.
Adopted: December 7, 2006
Revised: June 3, 2010
File: ECB-E3
NOTICE OF PLANNED PESTICIDE APPLICATION
The following notice is provided in compliance with State regulations establishing standards for pesticide applications and notification in schools.
[Product name], EPA registration number [000000], containing [chemical name] will be applied by [name of pest control company or licensed applicator] to [area in building or on school property where pesticide will be applied] during [approximate time of day and date of application] for the purpose of controlling [type of pest].
For additional information regarding this application, you may contact the Director of Plant Operations at 207-582-5346.
This application is consistent with RSU #11 Integrated Pest Management (IPM) program. The objective of the IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others.
[NOTE: The regulation requires that the notice contain, at a minimum, the following information:
a. Trade name and EPA registration number of the pesticide to be applied;
b. Approximate date and time of the application;
c. Location of the application;
d. Reasons for the application; and
e. Name and phone number of the person to whom further inquiry regarding the application may be made.]
Legal Reference: Ch. 27 § 4, Department of Agriculture Board of Pesticides Control Rule (Standards for Pesticide Applications and Public Notification in Schools)
Adopted: December 7, 2006
Revised: June 3, 2010
File: EDC
AUTHORIZED USE OF SCHOOL EQUIPMENT
The RSU#11 Board will permit school equipment, including computers, to be loaned to staff when its use is related to their duties in RSU #11. School equipment, may be loaned to students when the equipment is necessary for instructional purposes or for co-curricular or extracurricular activities.
School furniture and equipment with the exception of technology and science resources may be loaned to community groups for educational, civic, or charitable purposes when such groups are meeting in school buildings or on school grounds as permitted by policy KF—Public Use of School Facilities under the following conditions:
A. The group borrowing the equipment agrees to accept responsibility for repairing or replacing any equipment damaged or lost; and
B. Use of equipment will not interfere with the school program.
Use of school equipment by individuals or groups for any other purpose is prohibited.
The Superintendent will be responsible for implementing procedures to ensure borrowers’ responsibility for and return of all such equipment.
Adopted: May 4, 1989
Revised: August 6, 1992; December 7, 2006; June 3, 2010
File: EEA
STUDENT TRANSPORTATION SERVICES
The RSU #11 Board will provide transportation for all students living beyond a reasonable distance from their school or from a scheduled bus stop as the Board has determined.
Exceptions to the above distance shall be made for the following reasons only:
A. Health
Exceptions to established walking distances may be made for students with disabilities as required by their IEP. Exceptions may also be made to accommodate a student’s need for transportation with written documentation for the student’s physician.
B. PK-Kindergarten Students
PK-Kindergarten bus service will include pick-up and delivery to the home, providing a suitable bus turn is available.
C. Hazardous Walking Conditions
Hazardous walking conditions shall be defined as those which would place a child of a given age in a situation of greater than normal or average danger.
Authorized bus stops will be located so as to load and unload students with the most safety allowed by road conditions. The distance between stops may vary according to safety factors. If possible, students will be loaded and unloaded so that it is not necessary for them to cross a main highway to reach their homes.
Requests for bus stops, inconsistent with this policy must be made in writing and submitted to the Superintendent.
Legal Reference: 20-A MRSA § 5401
Cross Reference: EEAC – School Bus Scheduling and Routing
JICC - Student Conduct on School Buses
Adopted: Prior to 1985
Revised: June 5, 1986; August 6, 1992; June 3, 2004; December 7, 2006;
June 3, 2010
File: EEAA
RIDERS
RSU #11 students are expected to ride the bus to which they are assigned.
Parents/guardians may request temporary changes in transportation arrangements. Such requests must be submitted in advance to the building principal. Approval is subject to available bus seating.
RSU #11 bus drivers shall not permit any person other than a student, teacher, school official, mechanic, police, or patrol officer to ride in his/her bus without written consent from the Superintendent’s Office or the Transportation Director.
Legal Reference: 20-A MRSA § 5401
Adopted: March 2, 1972
Revised: June 5, 1986; August 6, 1992; June 3, 2004; December 7, 2006;
June 3, 2010
File: EEAC
RSU #11 SCHOOL BUS SCHEDULING AND ROUTING
Regular bus stops will be established and all pupils assigned to each stop are expected to be at the bus stop at the designated time.
Requests to add service on RSU #11 Unit roads should be made in writing to the Superintendent of Schools who will make his/her decision following consultation with the transportation director.
Each summer, the transportation director will submit to the Superintendent the proposed bus routes for the upcoming school year. Once these routes have been approved, they may not be changed by any driver without consulting with the transportation director.
Each spring, drivers should be surveyed and routes checked by the transportation director to determine whether service should be dropped on any road in the Unit.
Legal Reference: 20-A MRSA § 5401
Cross Reference: EEAA—Riders
Adopted: September 3, 1959
Revised: June 5, 1986; August 6, 1992; June 3, 2004; December 7, 2006
June 3, 2010
File: EEAE
VIDEO CAMERAS ON SCHOOL PREMISES
The RSU #11 Board recognizes the school district’s continuing responsibility to maintain order in the schools and to ensure the safety of staff and students. This is particularly true after school hours, late evenings and weekends when there is diminished supervision of the facilities. After carefully balancing the need for discipline, safety, and security with students’ interests in privacy, the RSU #11 Board supports the limited use of video cameras to monitor activity in the halls, lobbies, and external areas adjacent to the buildings.
A video monitor may be used in the office area to improve the supervision of the areas identified above. Occasionally it may be necessary to videotape inappropriate behavior. When the resulting videotapes are used as a basis for discipline, parents/guardians will be notified and given the opportunity to view the tape of their child. Students in violation of school discipline/conduct codes shall be dealt with in accordance with established RSU #11 Board policy, administrative procedures, and established school practices. In the event that the behavior is unlawful (e.g., weekend breaking and entering) appropriate law enforcement may be called, and the videotape will be shared with them.
Notice of use of video cameras in the school will be provided to all students, parents, and staff in appropriate handbooks on an annual basis. Moreover, notice that video observation may take place will be posted in any school using such equipment.
Any recording used in a disciplinary proceeding may be retained as part of a student’s disciplinary record, being disposed of as other such documentation except when special circumstances warrant longer retention. In regard to such video recordings the school system will comply with all applicable provisions of state and federal law concerning student records.
The Superintendent will be responsible for the development of regulations regarding review of video recordings made on school premises. Such regulations will provide for procedures for review when significant violations of the student conduct code occur. Regulations will also address the retention of video tapes, the security of video cameras and recordings, specifying the school official(s) to be responsible for purchase, installation, maintenance, and replacement of equipment, scheduling and placement of cameras requests for viewing, and any necessary follow-up.
Adopted: March 13, 1997
Revised: December 7, 2006; June 3, 2010
File: EEAEA
RSU #11 STUDENT TRANSPORTATION EMPLOYEE REQUIREMENTS,
TRAINING, AND RESPONSIBILITIES
Part A—School Bus Drivers
The school bus driver is responsible for safeguarding the lives of children in performance of his/her duty. The work requires physical strength, mental poise, ability to cope effectively with emergencies, excellent driving skills and an ability to relate positively with students.
All school bus drivers must hold a valid school bus operator license endorsement issued by the Maine Secretary of State. All drivers are required to participate in any in-service training provided by the RSU #11 school district.
A. Annual Medical Examination
All drivers operating a vehicle designed to carry 10 or more passengers must undergo an annual physical examination as required by the Uniform School Bus Standards and submit the completed School Bus Driver Physical Examination Form to the Superintendent/designee. Physical examinations shall be conducted by a physician selected by the school unit and paid for by the school unit.
If a driver wishes to select a different physician, the physician selected by the driver must be approved in advance and the examination shall be conducted at the driver’s own expense.]
Annual examinations must be completed during the month preceding the start of the school year for regular drivers. New and substitute bus drivers must complete the examination before beginning their driving duties.
B. Drug and Alcohol Testing
School bus drivers will participate in drug and alcohol testing as required by applicable federal and state laws.
C. Annual Motor Vehicle Records Check
Each school bus driver operating a vehicle carrying 10 or more passengers shall undergo an annual state motor vehicle records check.
Part B - Other Employees with Student Driving Responsibilities
The Superintendent/designee is directed to obtain annual motor vehicle records checks for any school employee who transports students as part of their regular duties.
Legal Reference: 49 CFR Parts 40 and 382
26 MRSA §§ 681(8)(B); 685(2); 689
Uniform School Bus Standards, 081(6)
[Legal references current as of date of adoption]
Cross Reference: EEAEAA - Drug and Alcohol Testing of Bus Drivers
EEAEAA-R - Drug and Alcohol Testing of Bus Drivers—
Administrative Procedure
Adopted: December 7, 2006
Revised: June 3, 2010
File: EEAEAA
DRUG AND ALCOHOL TESTING OF RSU #11 SCHOOL BUS DRIVERS
In accordance with the federal Omnibus Transportation Employee Testing Act of 1991, in addition to other pertinent state and federal laws promulgated to effectuate a drug and alcohol free workplace, the RSU #11 School Board is committed to the establishment of an alcohol and controlled substance testing program for RSU #11 school bus drivers, in addition to any other RSU #11 employee who drive vehicles to transport 10 passengers, including the driver.
The purpose of the testing program shall be to help prevent accidents, injuries and deaths resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions. The Superintendent shall be responsible for the implementation of an alcohol and drug-testing program consistent with federal regulations and shall implement additional administrative procedures to assist and further the implementation of the federal mandates regarding alcohol and controlled substances testing as he/she deems necessary.
Legal References: 49 CFR Part 382
26 MRSA §§ 681(8)(B); 685(2); 689
Adopted: December 7, 1995
Revised: December 7, 2006; June 3, 2010
File: EEAEAA-R
DRUG AND ALCOHOL TESTING OF RSU #11 SCHOOL BUS DRIVERS
ADMINISTRATIVE PROCEDURE
The RSU #11 Board is committed to the establishment of an alcohol and controlled substance testing program that meets all applicable requirements of the federal Omnibus Transportation Employee Testing Act of 1991, in addition to pertinent state laws and regulations. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by RSU #11 drivers performing safety-sensitive functions.
The following administrative procedure represents a summary of the main provisions found in federal regulations promulgated to effectuate drug and alcohol testing of bus drivers. The following procedure in no way attempts to modify said regulations, which should always be referred to when questions as to implementation of this policy/procedure arise.
I. APPLICABILITY
All persons operating a commercial motor vehicle in commerce in any state and subject to the commercial driver’s license requirements mandated under both federal and state laws, including the Omnibus Transportation Employee Testing Act of 1991, shall be subject to the drug and alcohol testing provisions herein contained.
II. IMPLEMENTATION
The Superintendent shall be responsible for implementing a drug and alcohol testing program which complies with procedures set forth in Title 49 Parts 40, 382, 390 and 395 of the Federal Code of Regulations. Such testing program shall include pre-employment/pre-duty drug testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty and follow-up testing. This school unit shall provide parties subject to testing with written notice of materials and information available to them as required by Part 382.
III. CONTROLLED SUBSTANCES
Controlled substances in this policy/procedure refer to those covered by the Omnibus Transportation Employee Testing Act of 1991, including marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).
IV. SAFETY-SENSITIVE FUNCTION
Safety-sensitive function(s) in this policy/procedure refer to functions defined in 49 CFR §382.107 and §395.2 (On-Duty Time, paragraphs (1) through (6)).
V. PROHIBITIONS
All drivers subject to this policy shall be prohibited from:
A. Using any alcohol while on duty and four (4) hours prior to going on duty;
B. Possessing alcohol while on duty;
C. Reporting for duty or remaining on duty while having an alcohol concentration of 0.02 or greater;
D. Using any alcohol for eight (8) hours following an accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first;
E. Refusing to submit to a required alcohol or controlled substance test(s);
F. Reporting for duty or remaining on duty when using any controlled substance, except when use is pursuant to the instructions of a physician who advised the driver that the substance does not adversely affect the driver’s ability to safely operate the vehicle; and
G. Reporting for duty, remaining on duty, or performing a safety-sensitive function, if the driver tests positive for a controlled substance.
VI. REQUIRED TESTING
A. Pre-Employment Testing. Prior to the first time a driver performs a safety-sensitive function for the school unit, the driver shall undergo testing
for controlled substances. However, no driver shall be subjected to pre-employment controlled substance testing prior to having been offered a position. Employment is conditioned upon a verified negative controlled substance test result.
B. Post-Accident Testing. As soon as practicable following an accident, each surviving driver will be subject to alcohol and controlled substance testing as follows:
1. Any driver performing safety-sensitive functions with respect to the vehicle if the accident involved loss of human life;
2. Any driver who receives a citation under State or local law for a moving violation arising from the accident; and
a. Causes bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
b. Should one or more motor vehicles incurring disabling damage as a result of the accident, require a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
3. In addition, the following provisions will also apply.
a. Alcohol. If a test required under this section is not administered within two (2) hours following the accident, the school unit shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test is not administered within eight (8) hours following the accident, the school unit shall cease attempts to administer the test and shall prepare and maintain the same record. Records shall be submitted to the Federal Highway Administration (FHWA) upon request of the Associate Administrator.
b. Controlled Substances. If a test required by this section is not administered within thirty-two (32) hours following the accident, the school unit shall cease attempts to administer the test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator.
C. Random Testing. All drivers subject to this policy/procedure will be subject to random and unannounced alcohol and controlled substance testing throughout the year. The minimum annual percentage rate for testing of bus drivers is as follows:
1. Random alcohol testing shall be a minimum of 10 percent of the number of driver positions each selection period; and
2. Random controlled substance testing shall be a minimum of 50 percent of the number of driver positions each selection period.
D. Reasonable Suspicion Testing. All drivers subject to this policy/procedure shall submit to alcohol and controlled substance testing when the employer has reasonable suspicion to believe that the driver has violated the prohibitions found in Part V. of this procedure, with the exception of Part V. B. regarding alcohol possession. The school unit shall base its determination that reasonable suspicion exists requiring the driver to undergo such testing on observations concerning appearance, behavior, speech or body odors of the driver. When controlled substances are at issue, observations may include indications of the chronic and withdrawal effects of controlled substances.
In addition, the following provisions also apply.
1. Alcohol. Alcohol testing will be performed only if the aforementioned observations are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy/procedure. If a test required under this section is not administered within two (2) hours following the reasonable suspicion determination, the school unit shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required under this section is not administered within eight (8) hours following a determination that reasonable suspicion exists, the school unit shall cease attempts to administer an alcohol test and shall state in the record reasons for not administering the test. The school unit shall submit to the FHWA records of tests required by this section that were not completed within eight (8) hours according to the mandates of 49 CFR § 382.307 (3).
2. Controlled Substances. The school unit shall, within twenty-four (24) hours or before the results of the controlled substances test are released, whichever is earlier, create a written record of the observations leading to a controlled substances test which shall be signed by the supervisor or school district official making said observations.
E. Return-to-Duty Testing. Prior to returning to duty requiring the performance of safety-sensitive functions when a driver has engaged in conduct prohibited under this policy/procedure, the driver shall undergo a return-to-duty alcohol and/or controlled substances test(s) as appropriate.
Drivers found to have engaged in prohibited conduct under the alcohol provisions of this policy/procedure will not be permitted to return to duty unless the subsequent alcohol test reveals a result less than or consistent with federal and state standards. In cases involving controlled substances, a verified negative result is necessary before a driver may return to duty.
F. Follow-up Testing. In the event that a driver has been found to have been in violation of the prohibitions herein contained and is identified as requiring assistance in resolving problems associated with alcohol and/or controlled substances, the school unit shall require the driver to submit to at least six (6) unannounced follow-up alcohol and/or controlled substances tests during the first twelve (12) months after returning to duty. Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to duty. Follow-up alcohol testing shall be conducted only when the driver is performing, just before, or just after ceasing to perform safety-sensitive functions.
VII. REFUSAL TO SUBMIT TO TESTING
All drivers who are required by federal regulations to submit to drug/alcohol testing must do so immediately upon being directed to submit to the test(s). A driver’s refusal to submit to testing will subject the driver to immediate removal from the performance of safety-sensitive functions. In addition, failure to comply with Federal regulations or this procedure is grounds for disciplinary action up to and including dismissal. Any of the following actions on the part of a driver constitutes a refusal to submit to a test:
A. Failure to provide adequate specimens/samples of substance(s) undergoing testing, including but not limited to breath and urine, without a valid medical reason;
B. Engaging in conduct which obstructs the testing process; and
C. Refusal by an employee to complete and sign testing forms.
VIII. TRAINING FOR SUPERVISORS
This school unit will assign persons who will be designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Part 382, with at least sixty (60) minutes of training on alcohol misuse and receive at least an additional sixty (60) minutes of training on controlled substances. Training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
IX. ENFORCEMENT
This school unit, in its independent authority as an employer, shall subject any driver who violates this policy/administrative procedure or Federal regulations to potential disciplinary action up to and including dismissal, except to the extent that any state law or collective bargaining agreement requires otherwise.
In addition, any driver who refuses to submit to a post-accident, random, reasonable suspicion, return-to-duty or follow-up test(s) shall not perform or continue to perform safety-sensitive functions.
Furthermore, no driver tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions including driving a commercial motor vehicle until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours after the test was administered.
X. RECORDS
Employee drug and alcohol tests and results shall be maintained under strict confidentiality in a secure location with controlled access and released only in accordance with law. A driver, upon written request, shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug tests. Records shall be made available to subsequent employers or other identified persons only when expressly requested in writing by the driver.
XI. NOTIFICATIONS
Each driver shall receive educational materials prior to the school unit’s commencement of alcohol and controlled substances testing. Such material will explain the requirements of the Code of Federal Regulations, Title 49 Part 382, and contain a copy of the Board’s policy and administrative procedures for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this information. The school unit shall also include in the package of informational material submitted to each driver, a statement certifying that he/she has received the
informational material. The school unit shall maintain the original signed copy of the statement on file.
In addition to the aforementioned items, the school district shall also make available to drivers and representatives of employee organizations information which shall identify:
A. The person designated by the school unit to answer questions about the materials;
B. The procedures that will be used to test for the presence of alcohol and controlled substances; protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;
C. Information concerning the effects of alcohol and controlled substances on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substance(s) problem (the driver’s or co-worker’s); and available methods of intervening when an alcohol or controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and
D. Post-accident procedures that will make it possible for a driver to comply with post-accident testing before any driver operates a commercial vehicle.
This school unit shall also make available the following information:
A. The results of pre-employment controlled substance test(s) if the applicant requests such results within sixty (60) calendar days of being notified of the disposition of the employment application; and
B. The results of random, reasonable suspicion and post-accident drug tests if the results are verified positive. The school unit shall also tell the driver which controlled substance(s) was verified as positive.
XII. CONTROLLED SUBSTANCES
Drivers shall inform their supervisors if at any time they are using a controlled substance which their physician has prescribed for therapeutic purposes. Such substance may be used in conjunction with duty only if the physician has advised the driver that it will not adversely affect his/her ability to safely operate a commercial motor vehicle.]
XIII. REFERRAL, EVALUATION, AND TREATMENT
A. Referral. A driver who has engaged in conduct prohibited by this policy/procedure shall be advised by the school unit of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances. The information the bus driver receives will include: names, addresses, and telephone numbers of substance abuse professionals, counseling and treatment programs, in addition to information relating to his/her responsibility with regard to payment of such services.
B. Evaluation/Treatment. A driver who engages in such prohibited conduct shall be evaluated by a substance abuse professional who shall determine what assistance or treatment, if any, the employee needs in resolving controlled substance(s) use.
XIV. RETURN TO DUTY
If a school unit has not discharged a driver due to his/her engagement in prohibited conduct under this policy/procedure, the bus driver must, prior to returning to safety-sensitive duties:
A. Undergo return-to-duty testing and obtain an alcohol concentration level of less than 0.02 and/or a verified negative test for controlled substances;
B. Have been evaluated by a substance abuse professional; and
C. Have followed prescribed and/or recommended treatment.
XV. OTHER POLICIES/PROCEDURES
Nothing contained in this administrative procedure shall prevent the RSU #11 Board from establishing and enforcing independent policies/procedures relating to the possession, being under the influence of, distribution, sale or use of alcohol or controlled substances or any misconduct associated therewith and the penalties for violation of those policies/procedures, up to and including dismissal.
Legal References: 49 CFR Parts 40, 382, 390, 395
26 MRSA §§ 681(8)(B); 685(2); 689
Adopted: December 7, 2006
Revised: June 3, 2010
File: EEAEF
VIDEO CAMERAS ON TRANSPORTATION VEHICLES
The RSU #11 Board recognizes the school unit’s continuing responsibility to maintain order on school transportation vehicles to ensure the safety of staff and students. After carefully balancing the need for discipline and safety with students’ interests in privacy, the RSU #11 Board supports the use of video cameras on school transportation vehicles. In an effort to reduce student behavior violations, the cameras may be used to monitor student behavior during transport to and from school, extracurricular activities and field trips.
When the resulting video tapes are used as a basis for discipline, parents/guardians will be notified and given the opportunity to view the portion of the tape pertaining to the alleged violation. Students in violation of school discipline/conduct codes shall be dealt with in accordance with established RSU #11 Board policy, administrative procedures, and school practices.
Notice of use of video cameras for disciplinary purposes in school transportation vehicles will be provided all students, parents and staff in appropriate handbooks on an annual basis. Moreover, notice that video observation may take place will be posted in each transportation vehicle.
Any recording used in a disciplinary proceeding will be retained as part of a student’s disciplinary record, being disposed of as other such documentation except when special circumstances warrant longer retention. In regard to such video recordings, the school unit will comply with all applicable provisions of state and federal law concerning student records.
The Superintendent will be responsible for the development of administrative procedures regarding review of video recordings made on school transportation vehicles. Such procedures will provide a process for review when significant violations of the student discipline/conduct code occur. Procedures will also address the retention of video tapes, the security of video cameras and recordings, specifying the school official(s) to be responsible for purchase, installation, maintenance, and replacement of equipment, scheduling and placement of cameras on transportation vehicles, requests for viewing and any necessary follow-up.
Cross Reference: JRA - Student Records
Adopted: March 2, 1995
Revised: December 7, 2006; June 3, 2010
File: EFBA
MENU DEVELOPMENT/OPTIONS—OFFER VS. SERVE
LUNCH CONCEPT
The “Offer vs. Serve Option” is designed to be more economical for RSU #11 and result in less waste. All lunches offered must contain five food items, but students have the freedom of choice in selecting the three, four or five items they intend to consume. They may refuse up to two items. All breakfasts offered must contain four food items, but students have the freedom to refuse one food item.
The Offer vs. Serve concept shall be implemented in the RSU #11 schools. The Superintendent/designee shall be responsible for implementing appropriate administrative procedures and communications to carry out this policy in conformance with state and federal regulations and applicable RSU #11 Board policies.
Adopted: October 6, 2005
Revised: December 7, 2006; June 3, 2010
File: EFC
FREE AND REDUCED PRICE FOOD SERVICES
RSU #11 shall take part, as feasible, in the National School Lunch and other food programs that may become available to assure that all children for whom this RSU #11 School Board is responsible shall have the opportunity to receive proper nourishment.
Parents shall be advised that this program is available and eligibility criteria shall be made public.
In accordance with the guidelines for participation in these programs, and in accordance with the wishes of the RSU #11 Board, no child who a teacher believes is improperly nourished shall be denied a free lunch, or other food, simply because proper application has not been received from his/her parents or guardian.
It shall be the policy in our schools that when school lunch is desired, payment is expected on that day or in advance by/for pupils not eligible for free lunches. Should there be any difficulty in obtaining such payment, the matter is to be resolved by direct contact with the parent (or student, if emancipated). No student is to be denied food as a disciplinary measure.
The administration shall establish and publish, as appropriate, procedures which conform with state and federal requirements and the intent of this policy regarding participation in programs for free/reduced price meals and supplementary food.
Legal Reference: 20-A MRSA § 6601 et seq.
Adopted: October 6, 2005
Revised: December 7, 2006; June 3, 2010
File: EFCA
FOOD PROGRAM MILK OPTIONS
Skim, low-fat, whole plain milk and low-fat flavored milk shall be allowed as part of the federally/state subsidized school lunch and breakfast programs of RSU #11.
Adopted: October 6, 2005
Revised: December 7, 2006; June 3, 2010
File: EFE
COMPETITIVE FOOD SALES-SALES OF FOODS IN COMPETITION WITH THE SCHOOL FOOD SERVICE PROGRAM
RSU #11 supports good nutrition as part of a school environment that contributes to student health and encourages positive food choices and eating habits. The RSU #11 Board believes that nutrition influences a student’s ability to take full advantage of the school system’s educational program and is, therefore, related to student achievement.
The RSU #11 Board also recognizes that proceeds from the sale of foods and beverages outside of the School Lunch Program (“competitive foods”) are a significant source of funds for student activities that RSU #11 might not otherwise be able to provide.
The RSU #11 Board has adopted this policy to govern the sale of foods and beverages on school property.
[NOTE: This policy has been revised to assist boards and their school units in complying with the January 29, 2006 revision of Maine Department of Education (DOE) Rule Chapter 51, Child Nutrition Programs in Public Schools and Institutions. DOE guidance concerning interpretation of the rule may be found on the Department’s website at www.maine.gov/education/.... The format is “Frequently Asked Questions and Answers.”]
RESTRICTION ON SALE OF COMPETITIVE FOODS
Maine Department of Education Rule Chapter 51 mandates that any food or beverage sold at any time on school property of a school participating in the National School Lunch or School Breakfast Programs shall be a planned part of the total food service program* of the school and shall include only those items which contribute both to the nutritional needs of children and the development of desirable food habits, and shall not include foods of minimal nutritional value as defined in applicable federal regulations**, except as provided for by school board policy in certain circumstances.
___________________________
*According to DOE Rule Chapter 51 (1)(b), the “Total Food Service Program” includes the federal Milk Program as defined in 7 C.F.R. § 215; the federal Breakfast Program, which means the federal program under which a breakfast that meets the nutritional requirements set forth in 7 C.F.R. § 220 is offered; the National School Lunch Program (including the After School Snack), which means the federal program under which the school operates a nonprofit lunch program that meets the requirements of 7 C.F.C. §; or any combination of these programs.
**”Foods of minimal nutritional value” as defined in 7 C.F.R. § 210.11 means: (a) In the case of artificially sweetened foods, a food which provides less than 5 percent of the Reference Daily Intake (RDI) for each of the eight specified nutrients per serving; (b) in the case of all other foods, a food which provides less than 5 percent of the RDI for each of eight specified nutrients per 100 calories and less than 5 percent of the RDI for each of eight specified nutrients per serving. The eight nutrients to be assessed for this purpose are: protein, vitamin A, vitamin C, niacin, riboflavin, thiamin, calcium, and iron. This definition is applicable to foods that are part of the total food service program of the school, and foods and beverages sold at food sales, school stores, and in vending machines. A listing of “Categories of Foods of Minimal Nutritional Value” is in Appendix B to 7 C.F.R. Part 210 (National School Lunch Program).
As allowed by Rule Chapter 51, the RSU #11 Board permits the sale of food and beverages outside the total food program to:
1. To attendees at school-sponsored community events held on school property
(i.e., school-sponsored events that are open to the public)
2. To the public at community events held on school property in accordance with
with RSU #11 Board’s facilities use policy.
3. In State-approved instructional Career and Technical Education (CTE) Programs.
4. By a school approved student organization or program if consistent with the
requirement that such sales not include foods of minimal nutritional value as
defined in 7 C.F.C. § 210.11(a)(2).
This policy applies to sales of foods and beverages at any time on school property by any person, group or organization.
When foods and beverages are sold to raise funds for schools or student activities, students, staff, parents, or school-sponsored organizations involved in such sales are encouraged to include at least some healthy food choices.
FUNDS FROM SALES OF COMPETITIVE FOODS
Funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the school’s non-profit school food service program, except that funds raised through authorized sales outside the total food service program shall accrue to the sponsoring school or approved student organization in accordance with applicable policies, cash-management procedures and administrative directives.
[NOTE: The RSU #11 Board has broad discretion in determining when a sponsor of an event is an “approved student organization” and when an activity is a school-sponsored event.
DOE staff confirmed that it is the Department’s intent that funds raised by approved student organizations and by school affiliated booster groups through the sales of foods and beverages at events open to the public will accrue to the sponsoring organization, not to the school’s food service program, provided that the RSU #11 Board has adopted policy language that allows for this.
DOE staff also confirmed that foods of minimal nutritional value may be sold by approved student organizations when an event held on school property is open to the public. However, students may not sell foods of minimal nutritional value if an event is not open to the public. Boosters may also sell foods of minimal nutritional value if the event is open to the public, e.g., basketball games.
Community events that are sponsored by non-school groups (“outside organizations” such as Kiwanis, Boy Scouts, Girl Scouts, Little League, other community organizations) are events over which the school unit has no authority or responsibility other than through the RSU #11 Board’s facilities use policy and procedures that implement the facilities use policy. Funds raised by these groups will accrue to the organization, provided that the RSU #11 Board has adopted appropriate policy language. This will also apply to certain booster groups and booster activities that do fundraising activities in accordance with the facilities use policy.
We refer readers to the DOE website address provided in the note on page one of this policy for further information concerning interpretation of the rule.]
DELEGATION OF RESPONSIBILITY
The Superintendent/designee shall be responsible for enforcement of this policy. Permission for authorized food sales outside the total food service program shall be secured from the building principal and superintendent as specified in Policies JJE/Student Fund Raising Activities, KF/Community Use of School Facilities, KF-R/Community Use of School Facilities Administrative Procedure, and EFE-E/Child Nutrition Programs in Public Schools and Institutions Frequently Asked Questions.
Legal Reference: Ch. 51 (Dept. of Educ. Rule) (Child Nutrition Programs in Public
Schools and Institutions)
Cross Reference: DFD-Student Activities Fund
JJE-Student Fundraising Activities
KF-Community Use of School Facilities
KF-R-Community Use of School Facilities Administrative Procedure
EFE-E-Child Nutrition Programs in Public Schools and Institutions
Frequently Asked Question
Adopted: June 15, 2006
Reviewed: December 7, 2006; June 3, 2010
File: EFE -E
Chapter 51;
Child Nutrition Programs in Public Schools and Institutions
Frequently Asked Questions and Answers
Introduction
This rule; Chapter 51 Child Nutrition Programs in Public Schools and Institutions balances two important policy objectives. The rule is crafted to pertain to the sale of any foods or beverages that would compete with the school's total food service program. This limitation is to ensure that the foods available to students are primarily those that meet the nutritional guidelines of the United States Department of Agriculture.
This objective is balanced with a second objective- namely the furthering of community involvement through the use of the school as a community facility. The rule serves this objective by creating exceptions to the limitation of the sale of food and beverages to only nutritious foods, but does so in a manner that is aimed primarily at the public, not students, thus avoiding competition with students and the total food service program. The further limitation is the rule on the accrual of funds from all foods and beverages to only the school or an approved student organization supports this policy objective and provides additional needed support to the school's non-profit school food service program.
The rule also serves to influence a change in the culture of schools whereby children are constantly faced with abundant foods that exceed recommended caloric allowances, etc. Listed below are questions frequently asked surrounding interpretations of this rule, and responses which clarify the requirements put forth in the rule.
Q. Are sales of foods after school hours, to the public, considered sales to the public, or sales at a community event?
A. After school hours represents a time of day. This is not an event. An event is an occurrence or some type of activity that takes place.
Q. What can be sold in vending machines, before and after school'?
A. Only foods that are not considered foods of minimal nutritional value.
Q. What is the federal listing of specific foods considered to be of minimal nutritional value?
A. These foods appear on line in Federal Regulation 7CFR21O Appendix B: Soda Water, Water Ices. Chewing Gum, And Certain Candies Such As: Hard Candy, Jellies and Gums, Marshmallow Candies, Fondant, Licorice, Spun Candy, and Candy Coated Popcorn. This regulation can be accessed at: www/fns.usda.gov
Q. Can a student sell popcorn or bake sale items to classmates?
A. If the products are not considered foods of minimal nutritional value and the sale is permitted by school board policy.
Q. Are foods and beverages sold in school stores restricted in any way?
A. Yes, all foods and beverages sold in school stores must not be considered foods of minimal nutritional value. Exceptions would apply only if the school store is available to the public during an event and school board policy allows school store purchases by the public.
Q. Can the funds received from the sale of foods and beverages in a school store, vending machines, or from other food sales be retained by the sponsor of the sale? A. Yes, if there is a policy established by the school board.
Q. Can Girl Scout cookies be sold at school?
A. Yes, but only if the sale is to the public and during an event. Girl Scout cookies
may not be sold to students.
Q. Must funds from the sale of foods and beverages sold at any time on school property
revert to the food Service Program?
A. Yes, unless there is a written policy that meets exceptions 1, 2, 3, 4, or 5 of the
rule.
Q. Can a student organization sell foods of minimal nutritional value to the public
at a community event?
A. Yes, exception 2 would apply.
Q. Can the school board by policy allow soda to be sold in vending machines?
A. No, the policy would violate Regulation, Chapter 51.
Q. Must a food product contain more than 5% of all eight specified nutrients as
defined in federal regulation in order to be acceptable?
A. No, the definition for foods of minimal nutritional value means that if all of the
nutrients that are contained in given food product fail to meet the 5% rule, the
food is considered a food of minimal nutritional value. If, however, at least one
of the nutrients of those contained in a food product meets or exceeds the 5%
rule, the food is acceptable.
Q. What is the definition of “artificially sweetened foods”?
A. An artificially sweetened food is one that is sweetened with a non-nutritive
sweetener such as saccharin, aspartame, Acesulfame, Potassium, and Sucralase.
Q. Can the PTA sell apples to students after school and who benefits from the sale?
A. Yes. The funds received would revert to the Food Service Program, unless school
board policy allows for the sponsor of the sale to benefit from the sale.
Q. If a school dance that is open to students only and food is sold at the dance, who
would benefit from the sales and what foods can be sold.
A. If the dance is not a public event, the school approved student organization or
program sponsoring the dance could benefit from the funds by an approved policy
of the school board. Food items sold must be acceptable in accordance with
exception 5 of this rule.
Q. Does the rule prevent me from continuing to sell cookies, brownies, or cakes
as part of the a la carte offerings?
A. No. However, the cookies, brownies, and cakes that are sold must be acceptable
as defined in this rule.
Q. How does Chapter 51 affect current contracts with beverage companies that
specify that soda (only their beverages) can be sold in vending machines?
A. Such contracts should be renegotiated to specify that only acceptable products
will be supplied by the beverage company.
Q. Are carbonated waters acceptable beverage products?
A. Yes.
Q. Can a student organization sell candy as a fund raiser?
A. Yes. However, students may only sell candy off the school property or in
accordance with exceptions 2 and 3 of the rule.
Q. Can students sell non-food items for fundraising purposes?
A. the rule only applies to the sale of foods and/or beverages.
Q. Can foods of minimal nutritional value such as cupcakes or cookies be
provided to students for celebrations/parties?
A.. The rule only applies to the sale of foods and/or beverages. If foods are
provided not sold, the rule does not apply.
Q. If an after school Teen Center, sponsored by a community program, which is
open to students only, and held in a facility on school property sells food to the
students, must the foods that are sold meet the nutritional standards of this rule?
Who benefits from the sale of foods in this situation?
A. The foods and beverages that are sold to students at this Teen Center must meet
the nutritional standards of this rule. The sponsor of the Teen Center can benefit
from these sales, only in accordance with school board policy.
Q. Are cough drops and chewing gum defined as foods?
A. Yes. Federal Regulations consider cough drops and chewing gum foods of
Minimal Nutritional Value. This regulation can be accessed at www.fns.usda.gov
Q. Can soda, chips, and candy be sold to the school staff?
A. Yes. Exception 1 of the rule applies to such sales.
Q. Can school staff collect money from students to support a classroom pizza party?
A. No. The collection of money to pay for students’ participation in a classroom pizza
party represents a food sale.
Q. My High School does not participate in the National School Lunch Program; does
this rule apply to my school?
A. No. The rule only applies to schools participating in the National School Lunch
Program.
Q. Can a student bring foods of Minimal Nutritional Value from home?
A. Chapter 51 does not apply to foods and beverages brought to school by students.
Q. If a School Food Service Department is contracted to provide banquet catering
for a community or public event, must the food service program benefit from the
funds received?
A. Yes. However, exception 2 or 3 of the rule could apply to such situations.
Q. Can the Career and Technical Education Programs (CTE) sell lollipops to
students during school hours?
A. No. Lollipops are considered foods of Minimal Nutritional Value.
Q. Can nutritious foods and beverages be sold to students during the school day
through vending machines and school stores? If so, can the Board by policy
allow profits to accrue to approved student organizations, or must these funds to
to the Food Service Program?
A. Yes, with a policy in place the profits are allowed to go to the student organization
as long as you are not selling foods of minimal nutritional value.
Q. Can student groups sponsor sales of nutritious foods and beverages to students as
well as staff? If so, can the Board by policy allows the profits to accrue to
approved student organizations?
A. Yes.
Q. If vending machines with nutritious foods and beverages are available to students
after the school day; can the Board by policy allow funds from these vending
machines to accrue to approved student organizations?
A. yes.
Q. We believe that it is the DOE’s intent that outside groups (Lions Club) that sell
foods and beverages (nutritious or not) in accordance with the Boards facilities
use policy are allowed to keep their profits for their own use. Can you confirm
that this is correct?
A. Yes, if this is a public event with a policy in place.
JM/GL/aew
The complete rule can be viewed on the secretary of state page or by using this link
Chapter 051.
Adopted: June 15, 2006
Reviewed: December 7, 2006; June 3, 2010
File: EGAD
COPYRIGHT COMPLIANCE
It is the intent of the RSU #11 School Board that all employees and students in RSU #11 adhere to the provisions of federal copyright law. Employees and students who willfully disregard the law and the school unit’s copyright policy and administrative procedure(s) do so at their own risk. The school unit will not extend legal and/or insurance protection to employees or students for willful violations of this policy. Such violations may also result in disciplinary action.
The Superintendent is responsible for implementing this policy and the accompanying administrative procedure. The Superintendent may develop additional administrative procedures and/or delegate specific responsibilities to building principals and others as he/she deems appropriate.
At a minimum, the following steps shall be taken in an effort to discourage violation of the copyright law in the school unit.
A. Employees shall be informed of this policy/administrative procedure.
B. Notices shall be posted in reasonable proximity of equipment that may be used for copying materials.
C. Teachers and library media specialists shall be responsible for informing students about the legal, ethical and practical problems caused by copyright infringement and illegal use of materials.
Legal Reference: Public Law 94-553, The Copyright Act of 1976, 17 U.S.C.
§ 101 et seq.
Cross Reference: EGAD-R – Copyright Compliance Administrative Procedure
GCSA – Employee Computer and Internet Use
IJNDB – Student Computer and Internet Use
IJNDC – School System Website and Web Pages
Adopted: August 6, 1992
Revised: June 3, 2004; December 7, 2006; June 3, 2010
File: EGAD-R
COPYRIGHT COMPLIANCE ADMINISTRATIVE PROCEDURE
RSU #11 procedure contains a summary of the major provisions found in the federal copyright law and guidelines concerning reproduction of copyrighted works by educators. This summary is not intended to replace the law/guidelines, which should be referred to when questions regarding implementation arise. Copies of this procedure shall be furnished to all RSU #11 faculty members. Faculty teaching any form of distance learning or online course must carefully review and comply with Part III of the procedure in addition to all other parts.
“FAIR USE”
A copyright provides the owner with the exclusive rights of reproduction, adaptation, publication, performance and display of the covered work. The copyright law contains certain “fair use” provisions that permit limited reproduction of materials based on four criteria:
A. The purpose and character of the use, including whether such is of a commercial nature or is for nonprofit educational purposes;
B. The nature of the copyrighted work;
C. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
D. The effect of the use upon the potential market for or value of the copyrighted work.
“FACE-TO-FACE INSTRUCTION”
Performance or display of any copyrighted work by teachers or students without permission from the copyright holder is permissible under the following circumstances:
A. The work must be performed or displayed in a face-to-face setting by a teacher or by students; and
B. The performance or display must be in the course of teaching activities, in a classroom or a similar educational setting.
Examples of performances or displays falling under this exception include reading a play in the classroom, singing a song in a classroom or showing a filmstrip or video (provided that it has been purchased or lawfully copied).
The following sections summarize the permissible or “fair use” of different types of copyrighted works. Because the law and technological applications continue to evolve, school unit employees are responsible for ensuring that the intended use of materials does not conflict with copyright law/guidelines and for informing students of such issues as appropriate.
PRINT MATERIALS
A. Permissible Uses
1. A single copy of the following made for use in teaching or in preparation to teach a class:
a. A chapter from a book;
b. An article from a periodical or newspaper;
c. A short story, short essay or short poem, whether or not from a collective work; and
d. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
2. Multiple copies made for classroom use (not to exceed one copy per student in a course) from the following:
a. A complete poem, if it has fewer than 250 words and does not exceed two printed pages in length, or an excerpt of not more than 250 words from a longer poem;
b. A complete article, story or essay of less than 2,500 words;
c. Prose excerpts not exceeding 10 percent of the whole or 1,000 words, whichever is less;
d. One chart, graph, diagram, cartoon or picture per book or per issue of a periodical; and
e. An excerpt from a children’s book containing up to 10 percent of the words found in the text and not more than two printed pages of the published work.
3. One transparency for classroom instruction may be made from consumable materials such as workbooks, exercises, activity sheets, etc.
4. All permitted copying must include appropriate credits, including the author, title, date, copyright notice and any other pertinent information.
B. Prohibited Uses
1. More than one word or two excerpts from a single author copied during one class term;
2. More than three works from a collective work or periodical volume copied during one class term;
3. More than nine sets of multiple copies made for distribution to students in one class term;
4. Copies made to create, replace or substitute for purchasing anthologies or collective works;
5. Copies made of “consumable” works, such as workbooks, exercises, standardized tests and answer sheets (except as noted in A.3 above);
6. The same work copied from term to term;
7. The same material copied for more than one particular course, or copied every time a particular course is offered, unless permission is obtained from the copyright owner;
8. Copies made when there is sufficient time prior to the intended use to obtain permission from the copyright owner; and
9. No charges may be made to students beyond the actual cost of photocopying.
COMPUTER SOFTWARE
All software purchased for use in the school district must be approved by the Technology Director. Only the Superintendent and Technology Director may obtain and sign software licensing agreements and duplication rights agreements. All terms of such licensing/duplication agreements must be observed by all school unit employees and students.
Software purchased by the school unit for classroom, lab, media center and office use remains the property of the school unit and may be used only in school-sponsored programs and activities.
A. Permissible Uses
1. One archival (back-up) copy of copyrighted software may be made by authorized employees (unless a licensing agreement prohibits copying for any purpose);
2. Software may be used on a networked computer system if written permission is obtained or a version intended for network is used;
3. Software may be loaded on multiple equipment if it is specifically advertised as multi-load or written permission has been obtained; and
4. Preview software may be evaluated for a reasonable evaluation period before being purchased or returned.
B. Prohibited Uses
1. Illegal copies of copyrighted software programs made or used on school equipment;
2. Copies made of preview software;
3. Use of software on a networked computer system not intended for network use without written permission;
4. Multiple loading of software not specifically intended for multi-loading without written permission;
5. Multiple copies made of copyrighted software (beyond an authorized archival copy);
6. Multiple copies made of printed documentation accompanying copyrighted software;
7. Copies made of software for sale, loan, transmission or gift to other users; and
8. Copies made of locally produced adaptations or modifications of copyrighted software for any purpose.
INTERNET
The rights of the owner of copyrighted material on the Internet are the same as the rights of the owner of traditional materials. Unless there is a clear statement that art, photos, text and sounds are “public domain” and available for free use, it should be assumed that the material is copyrighted. All the criteria for “fair use” apply to works on the Internet just as they apply to other materials. The ease of copying materials from the Internet should not be used as an excuse for violating copyrights.
OFF-AIR TELEVISION RECORDING
A. Permissible Uses
1. Off-air recordings may be made only at the request of and used by individual teachers;
2. Off-air recording of broadcast programs available to the general public without charge may be made and retained for a period not to exceed 45 calendar days after the date of recording. The following additional requirements must also be met:
a. The recording may be used once by individual teachers in the
course of relevant teaching activities and repeated once
during the first ten consecutive school days in the 45-day
retention period.
b. Following the first 10 consecutive school days, the recording may only be used for teacher evaluation purposes (i.e., to determine whether the broadcast program should be included in the curriculum).
c. Following the 45-day retention period, the recording must be erased or destroyed immediately unless written permission is obtained from the copyright owner to keep and use the program in teaching/learning activities.
3. A limited number of copies may be reproduced from each off-air recording to meet the legitimate educational needs of teachers. Such copies are subject to the same guidelines as the original copy.
4. An off-air recording need not be used in its entirety, but the recording may not be altered, edited, combined or merged. All copies must include the copyright notice of the broadcast program.
B. Prohibited Uses
1. Recording broadcast programs in anticipation of requests;
2. Recording broadcast programs when there is sufficient time prior to the scheduled program to obtain permission from the copyright owner;
3. Recording programs from pay/satellite television channels (HBO, Cinemax, Disney, etc.);
4. Using or retaining recordings beyond the 45-day retention period without written permission;
5. Recording the same program more than once for the same teacher (regardless of how many times the program may be broadcast); and
6. Altering the program from the original content in any way (although the entire program need not be viewed).
USE OF PRE-RECORDED VIDEOS
Pre-recorded videos include commercially available videos marked “For Home Use Only” (such as feature films), including VHS tapes, DVD disks, filmstrips, etc.
A. Permissible Uses
Pre-recorded videos may be used in “face-to-face instruction” provided that the viewing utilizes a lawfully-made copy rented or purchased by the school unit.
B. Prohibited Uses
1. Videos may not be used for entertainment, filler, assemblies, fundraising, public viewing, or any other purpose without written permission of the copyright owner [and permission of the building principal].
2. Videos may not be used when a written contract specifically prohibits use in classroom or direct teaching situations.
3. Videos may not be borrowed from individuals or other schools.
4. Videos may not be copied.
MUSIC AND THEATER PERFORMANCES
Prior written permission must be obtained whenever copyrighted plays and musical numbers are to be performed or whenever copyrighted music is used as part of a performance.
EDUCATIONAL USES OF MUSIC
A. Permissible Uses
1. Emergency copies to replace purchased copies which for any reason are not available for an imminent performance provided that purchased replacement copies shall be substituted in due course.
2. For academic purposes other than performance, multiple copies of excerpts of works may be made provided that:
a. The excerpts do not constitute a performable unit (section, movement or aria) or more than ten percent of the entire work;
b. No more than one copy per student in the class is made; and
c. The copyright notice appears on the copies.
3. For academic purposes other than performance, a single copy of an entire performable unit (section, movement or aria) may be made by the teacher for scholarly research or in preparation to teach a class provided that:
a. The work is confirmed by the copyright owner to be out of print;
b. The work is unavailable except in a larger work; and
c. The copyright notice appears on the copy.
4. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted. Lyrics may not be altered or added, if none exist.
5. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the school unit or an individual teacher.
6. A single copy of a sound recording (album, tape, cassette or CD) or copyrighted music may be made from sound recordings owned by the school unit or an individual teacher for the purpose of constructing aural exercises or examinations. The copy may be retained by the school unit or an individual teacher.
a. This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.
B. Prohibited Uses
1. Copy to create, replace or substitute for purchasing anthologies, collective works and compilations;
2. Copy “consumable” works, such as workbooks, exercises, standardized tests and answer sheets;
3. Copy for the purpose of performance (except as noted in A.1); and
4. Copy to substitute for the purchase of music (except as noted in A.1-2).
Cross Reference: EGAD - Copyright Compliance
Adopted: June 3, 2004
Revised: December 7, 2006; June 3, 2010
Choose a policy from the list below.
File: FA
FACILITIES DEVELOPMENT GOALS/PRIORITY OBJECTIVES
As the MSAD #11 Board seeks to overcome deficiencies in its physical plant, it will strive to provide new and remodeled facilities that will offer the best possible physical environment for learning and teaching.
The MSAD #11 Board aims specifically toward:
A. New buildings and renovations that will accommodate and facilitate those new organizational and instructional patterns that support the school unit’s educational philosophy and instructional goals;
B. Meeting all safety requirements through the remodeling of older structures;
C. Providing such building renovations as needed to meet requirements on the availability of public school facilities to individuals with disabilities; and
D. Building design and construction that will lend to low maintenance costs and the conservation of energy. These two factors will also be given special consideration in the renovation of buildings.
Decisions pertaining to educational specifications of new buildings and those undergoing extensive remodeling will be developed only after the viewpoints of teachers, students and parents have been sought.
Adopted: December 7, 2006
Revised: November 4, 2010
File: FB
FACILITIES PLANNING
The MSAD #11 Board recognizes that educational programs are substantially influenced by the environment within which they function. The development of a quality educational program and school facilities, which help to implement it, go hand in hand.
It is the MSAD #11 Board’s goal to provide the appropriate facilities needed for the number of students in the unit and to provide the kind of facilities that will best support and accommodate the educational program. To this end, there should always be a five-year facilities plan on file with the MSAD #11 Board, which is updated every two years.
In planning facilities, the MSAD #11 Board recognizes that capital outlay funds are limited and that it must establish priorities in order to make the best use of the school building dollar.
Architects employed by the MSAD #11 Board are expected to plan for high educational utility and flexibility; access to and use by the disabled; sound economics; low long-range maintenance costs and energy efficiency; low insurance rates; and quality of design.
New buildings and/or renovations to existing buildings shall be in accordance with the organizational patterns established by the MSAD #11 Board and shall be designed to fit current as well as anticipated instructional programs.
For each building project, a School Building Committee will be appointed and charged with the responsibility of facilities planning. The authority and responsibilities of this Committee shall be detailed by the MDSAD #11 Board at the time of appointment.
Decisions pertaining to the construction of educational facilities will be made after consultation with professional staff, students, parents and citizens.
All plans and procedures shall be in compliance with federal and state law, and all regulations of the Maine Department of Education shall be complied with in all stages of facilities planning and construction.
Legal Reference: 20-A MRSA § 15902
Adopted: December 7, 2006
Revised: November 4, 2010
File: FD
FACILITIES FUNDING AND CONSTRUCTION
When there is a need for school construction, the MSAD #11 Board shall request the necessary state approval to begin planning. Upon determination of the cost of the construction, the MSAD #11 Board shall approve a bond issue for the amount needed and shall take the necessary steps for presenting the issue for public approval.
If the voters approve the bond issue, construction planning shall proceed. Award of the construction contract shall be made after advertisement for bids and shall be given to the low bidder who meets all requirements, including the state’s code of fair practices (equal opportunity employment).
During the construction period, the MSAD #11 Board shall determine who shall be its agent for approving changes in specifications and/or cost changes (an administrator, construction supervisor, Board committee, or other). The MSAD #11 Board shall itself retain final approval over all but minor decisions concerning construction.
Legal Reference: 20-A MRSA § 15909
Adopted: December 7, 2006
Revised: November 4, 2010
File: FE
EDUCATIONAL SPECIFICATIONS FOR CONSTRUCTION
To ensure that all new facilities and/or major renovations are designed and built to serve the MSAD #11 school unit’s educational program, the Superintendent shall be charged with detailing educational specifications for all new buildings. With MSAD #11 Board approval, specifications for use by the architect will be presented to the School Building Committee.
In developing specifications, the Superintendent shall draw on recommendations from citizens, professional and non-professional staff, students and community groups.
Specifications shall include but not be limited to:
A. Organization and estimated enrollment in the proposed building;
B. Description of students to be served;
C. Description of proposed teaching methods and curriculum;
D. Space requirements; and
E. Architect's floor plans and layouts of special areas and specifications for equipment needed in these areas.
Adopted: December 7, 2006
Revised: November 4, 2010
File: FFA
RENAMING/DEDICATING/MEMORIALIZING SCHOOL UNIT PROPERTY
I. Purpose
The purpose of this policy is to provide the framework and criteria for the special dedication of buildings, space(s) within a school building, or other facilities on school property.
II. General Statement of Policy
From time to time the School Board of MSAD/RSU #11 may choose to recognize
outstanding service to the learning community by dedicating or naming an appropriate
area (i.e., playground, library, gymnasium, auditorium, athletic field, etc.) in honor
of an individual.
Naming of school buildings, spaces within a school building, or other facilities on school
property is a means of honoring persons who have made significant, lasting contributions
to the students, staff, and community of MSAD/RSU #11. Personal prejudice,
favoritism, political pressure or temporary popularity should not be factors in
determining whether to honor someone by naming a building, space, or facility after
them.
The MSAD/RSU #11 School Board reserves unto itself the right and authority to approve the naming of school buildings, spaces within a school building, or other facilities on
School property. The Superintendent of Schools will develop and administer
Administrative procedures in support of this policy.
III. Guidelines and Criteria
A. This policy applies to the naming of school buildings, spaces within a school
building, or other facilities on school property.
B. Names which possess a potential for controversy should be avoided, such as
names of political parties. Names which might contain or imply prejudice
of a racial, religious, ethnic, and/or political philosophy should be avoided.
C. Honorees may not be an employee of the school district at the time of
School Board approval of the dedication.
D. Honorees may not be recognized under this policy more than once.
E. School buildings, spaces within school buildings, or other facilities on school
property generally should not be re-named or re-dedicated once they have been
dedicated to an honoree.
F. Recognized contributions and service
1. Honorees must have made significant, lasting contributions that are consistent
with the educational mission of MSAD/RSU #11 to the students, faculty, staff,
or school district community.
2. Contributions should be commensurately related to the building, space,
or facility proposed for naming.
3. Contributions or service may have been through employment, volunteer
service, board service, or through significant gifts or money or property to
MSAD/RSU #11.
IV. Procedures
A. Proposals or petitions to name a building, space within a building or other
school facility may be made by faculty, staff, students, parents, or community
members. Nominations will be submitted in writing to the Superintendent at
least three (3) months in advance of the naming of the facility. Written nominations
for the naming of a facility or portion of a facility must provide evidence of
significant community input and must outline the justifications for the name being
suggested, The Superintendent will convene an ad hoc committee made up of
school staff, a School Board member, parents, a student, and community members
to review the nomination and make recommendations to the School Board. The
committee’s review will include an analysis of any opportunity cost that would
result from approving the request.
B. At the request of the Superintendent, the MSAD/RSU #11 School Board Chairperson shall place a dedication request on the agenda of a regular school board meeting for discussion and consideration. The MSAD/RSU #11 School Board will allow for public comment on the recommendations of the committee during at least two consecutive School Board meetings before acting on the recommendations. MSAD/RSU #11 School Board Members must vote in favor of the proposal to gain approval and move forward with the naming.
C. If the MSAD/RSU #11 School Board approves a dedication, this will be followed as soon as possible by a formal dedication ceremony. The ceremony should encompass a presentation of an official proclamation and the placement of an appropriate plaque to commemorate the honoree’s contributions to MSAD/RSU #11. Sensitivity and common sense must be reflected in the timing of any public recognition. No unit funds are to be used for the purchase or installation of plaques for dedications without approval of the MSAD/RSU #11 School Board.
D. Alterations of buildings, spaces within buildings, or other facilities must be approved in advance by the MSAD/RSU #11 School Board (including sources of funding), and be in accordance with applicable local laws and regulations.
E. No dedicatory ceremony for any facility is to take place before formal approval by the MSAD/RSU #11 School Board.
Adopted: June 3, 2010
Choose a policy from the list below.
File: GAB
JOB DESCRIPTIONS
In order for MSAD #11 to function most efficiently and effectively, the duties and responsibilities for each position, along with the criteria (skills, knowledge and abilities) required to perform those duties, shall be set forth in written job descriptions.
The Superintendent is responsible for job description development, as well as review/revision as warranted, but not less often than every five years. Development, reassessment and revision of job descriptions shall include input from people affected by the position to ensure that the information contained is relevant to the position.
Legal Reference: 20-A MRSA § 1001(13)
Adopted: January 7, 1993
Revised: February 1, 2007
MSAD #11
File: GBB
STAFF INVOLVEMENT IN DECISION MAKING
The formulation of policy involving the curriculum, instruction and the overall school program is one of the primary responsibilities of the MSAD #11 School Board, and the MSAD #11 Board reserves the right to make the final decision regarding such policies. The MSAD #11 Board believes that the best interests of the district's students should be the principle guiding the adoption of all educational policy. The MSAD #11 Board further believes that appropriate input from the professional staff is important to the decision-making process.
The Superintendent shall ensure that there is a process in place to encourage meaningful professional staff input prior to making recommendations regarding curriculum, instruction and the school program to the MSAD #11 Board. The process should be conducted in a spirit of cooperation, with a clear focus on student learning as the most important function of the schools, and with the understanding that the staff is collectively responsible for student performance.
Participation in the decision-making process is accompanied with an expectation of accountability by the professional staff. All proposals for changes to the curriculum, instruction or the district's educational goals should incorporate evaluation procedures linked to student outcomes. The MSAD #11 Board encourages the use of professional development activities specifically directed to improving staff research, analytical and decision-making abilities.
The Superintendent shall ensure that the administrative team has the appropriate support to lead an effective instructional program with a consistent focus on student learning and outcomes.
Legal Reference: 26 MRSA § 965
Cross Reference: BHC - Communications with Staff
GCI - Professional Staff Development Opportunities
GCOA - Supervision and Evaluation of Professional Staff
Adopted: June 5, 1986
Revised: June 25, 1992; August 6, 1992; February 1, 2007
File: GBEA
STAFF ETHICS/CONFLICT OF INTEREST
Relationship to Supervisors
No person shall be employed in a position that is within the jurisdiction of an administrative officer who is a member of the immediate family of such person, nor shall any person be employed in a position where a member of the immediate family is responsible, in whole or in part, for the supervision and/or evaluation of the employee.
Notification
Whenever a member of the immediate family of any employee is hired, the MSAD #11 Board shall be notified of the relationship.
Exceptions
The MSAD #11 Board may approve an exception to this policy where the MSAD #11 Board determines that granting of such exception is in the best interest of the school system.
Definitions
For the purpose of this section, the following definitions shall apply:
A. "Administrative Officer" shall mean any person who holds any supervisory position of Assistant Principal or similar or higher rank; and
B. "Member of the immediate family" shall mean spouse, brother, sister, parent, son or daughter (including in-laws).
Legal Reference: 17 MRSA § 3104
Adopted: June 5, 1986
Revised: January 7, 1993; February 1, 2007
MSAD #ll
File: GBEB
STAFF CONDUCT WITH STUDENTS/STAFF-STUDENT RELATIONS
The relationship between the MSAD #11 staff and students must be one of cooperation, understanding and mutual respect. Staff members have a responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to his/her capacity.
Staff members should strive to secure individual and group discipline, and should be treated with respect by students at all times. By the same token, staff members should extend to students the same respect and courtesy that they, as staff members, have a right to demand.
Although it is desired that staff members have a sincere interest in students as individuals, partiality and the appearance of impropriety must be avoided. Excessive informal and/or social involvement with individual students is prohibited. Such conduct is not compatible with professional ethics and, as such, will not be tolerated.
Staff members are expected to use good judgment in their relationships with students both inside and outside the school context including, but not limited to, the following guidelines.
A. Staff members shall not make derogatory comments to students regarding the school and/or its staff.
B. The exchange of purchased gifts between staff members and students is discouraged.
C. Staff-sponsored parties at which students are in attendance are prohibited unless they are a part of the school's extracurricular program and are properly supervised.
D. Staff members shall not associate with students at any time in any situation or activity which could be considered sexually suggestive or involve the presence or use of tobacco, alcohol, or drugs.
E. Dating between staff members and students is prohibited.
F. Staff members shall not use insults or sarcasm against students as a method of forcing compliance with requirements or expectations.
G. Students shall be supervised at all times during the school day.
H. Staff members shall not send students on personal errands.
I. Staff members shall, pursuant to law and MSAD #11 Board policy, immediately report any suspected signs of child abuse or neglect.
J. Staff members shall not attempt to counsel, assess, diagnose, or treat a student's personal problem relating to sexual behavior, substance abuse, mental or physical health, and/or family relationships but, instead, should refer the student to the appropriate individual or agency for assistance, e.g., guidance counselors, social workers, and/or nurses.
K. Staff members shall not disclose information concerning a student, other than directory information, to any person not authorized to receive such information. This includes but is not limited to information concerning assessments, ability scores, grades, behavior, mental or physical health, and/or family background.
L. Transporting a student(s) for other than school related events requires the pre-approval of the school principal or assistant principal.
Staff members are encouraged to discuss issues with their building principal or supervisor when they are unsure whether particular conduct may constitute a violation of this policy.
Students and/or parents are encouraged and staff members are required to notify the principal if they believe a staff member may be engaging in conduct that violates this policy.
Staff violations of this policy may result in disciplinary action up to and including dismissal. Violations including sexual or other abuse will be referred to the Department of Human Services and/or law enforcement authorities in accordance with MSAD #11 Board policy JLF.
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
JLF - Reporting Child Abuse and Neglect
JRA - Student Educational Records
Adopted: March 5, 2004
Revised: February 1, 2007
File: GBEC
DRUG-FREE WORKPLACE
The MSAD #11 School Board recognizes that alcoholism and drug dependency are treatable diseases. Left untreated, they may result in serious personal and family problems. At the same time, the MSAD #11 Board is also seriously concerned about the effects of alcohol and drug dependency upon an employee's job performance and ability to serve as a role model for our students.
The MSAD #11 Board believes strongly that all employees and students should be able to work and learn in an environment free from alcohol and drug abuse. Accordingly, the MSAD #11 Board expects all employees to report for work and to perform their duties in a manner which does not jeopardize the health, safety and well-being of co-workers and students.
No employee shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, bath salts (examples include synthetic stimulants like mephedrone, MDPV (methylenedioxypyrovalerone), and Methylone) or any other controlled substance (as defined in schedules I through V of section 202 of the federal Controlled Substance Act [21 USC § 812]; by regulation at 21 CFR, § 1300.11 through 1300.15; and in 17-A MRSA, § 1101). This applies before, during and after school hours, at school or in any other school system location, defined as follows:
"School system location" means in any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transports students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school system or otherwise engaged in school district business.
Any employee who suspects that he/she may have an alcohol or drug dependency problem is strongly encouraged to contact his/her supervisor to seek voluntary diagnosis and treatment. The employee will be provided confidential referral services to an outside agency upon request and assisted in determining the extent to which insurance coverage to help pay for such services is available. All voluntary referrals shall be kept confidential.
Any illegal use, possession, furnishing, selling or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph may, depending upon the circumstances, constitute sufficient grounds for discipline, up to and including dismissal. Referrals under foregoing paragraphs of this policy will not preclude disciplinary action under this paragraph, depending on the circumstances.
As provided in the Drug-Free Workplace Act of 1988, any employee is required to notify the school district of a criminal or civil conviction for a drug violation occurring in the workplace no later than five calendar days after such conviction. In turn, the Superintendent, within 10 calendar days of learning of such a conviction, is to give written notification to the U.S. Department of Education and to any other federal agency from which the district receives grant funds.
Appropriate disciplinary sanctions shall be taken against any employee who violates the terms of this school district's drug and alcohol policy, up to and including dismissal. Any employee who violates the terms of this policy may be allowed to participate in a drug abuse assistance or rehabilitation program approved by the MSAD #11 Board. If such employee fails to satisfactorily participate in and complete such program, the employee shall have appropriate disciplinary sanctions taken against him/her, up to and including dismissal.
Implementation
The Superintendent shall be responsible for developing and administering appropriate procedures to implement this policy.
Communication
A copy of this policy is to be given or mailed to all current employees and to new employees at the time of their employment and is to be posted in appropriate locations throughout the school system.
Legal Reference: 21 U.S.C. § 812 (Controlled Substances Act)
21 C.F.R. §§ 1300.11-1300.15
Fed. P.L. 101-226
17-A MRSA § 1101
Cross Reference: JICH - Drug and Alcohol Use by Students
Adopted: August 14, 1997
Revised: June 3, 1999; March 7, 2002; February 1, 2007
File: GBGAA
BLOODBORNE PATHOGENS
The MSAD #11 School Board acknowledges the risk of infection from bloodborne pathogens that employees may incur when they handle or participate in procedures that involve blood, other body fluids or other potentially infectious materials.
The MSAD #11 Board directs the Superintendent to implement the mandated Occupational Safety and Health Administration (OSHA) standard to eliminate or minimize occupational exposure to potentially infectious material for employees who have a reasonable anticipation of exposure to blood and other body fluids.
The Superintendent shall prepare for MSAD #11 Board consideration and approval an initial Occupational Exposure Control Plan with updates on at least an annual basis. The adopted plan shall be distributed to all employees. The following issues shall be addressed in the plan:
A. Exposure determination;
B. Preventive measures including training, universal precautions, Hepatitis B vaccination, engineering controls, work practice controls, and personal protective equipment;
C. Post-exposure evaluation and follow-up; and
D. Recordkeeping.
Adopted: February 1, 2007
File: GBGAA-R
EXPOSURE CONTROL PLAN FOR BLOODBORNE PATHOGENS
In the interest of protecting employee health and safety, M.S.A.D. #11 hereby adopts the Occupational Safety and Health Administration's 29 CFR Part 1910.1030, "Occupational Exposure to Bloodborne Pathogens; Final Rule" as part of its safety program.
The Superintendent/designee shall comply with Federal Occupational Safety and Health Administration (OSHA) Standard (Title 29, Part 1910.1030) to prevent the spread of bloodborne pathogens and other potentially infectious materials in the workplace. The Superintendent/designee shall develop a written Exposure Control Plan designed to protect employees from possible infection caused by contact with bloodborne pathogens as a result of performing job duties. The bloodborne pathogens include but are not limited to human immunodeficiency virus (HIV) and hepatitis B virus (HBV).
As part of the Exposure Control Plan, the Superintendent/designee shall determine which employees could reasonably be expected to have exposure to bloodborne pathogens and other potentially infectious materials contaminated with blood as a result of performance of job duties. Employees determined to have occupational exposure shall participate in in-service education during their work hours and be offered hepatitis B vaccine at no cost.
Any employee not identified as having risk for occupational exposure in the school district's exposure determination may petition to be included in the in-service education and/or hepatitis B vaccination program. Any such petition shall be submitted to the Superintendent/designee who will evaluate the request and notify the petitioner of the decision.
The Superintendent/designee may deny a request when there is no reasonable anticipation of contact with blood or contaminated materials as a result of job duties except when acting as a Good Samaritan in giving first aid.
If an employee is exposed to the blood or other potentially infectious material contaminated with blood of another person as a result of performing his/her job duties, the Superintendent/designee shall, as part of the Exposure Control Plan, put in place a system for immediate reporting of the exposure incident by an employee. Within 24 hours of the report, the employee will seek medical attention by a licensed health care provider or agency for which the school district will provide payment at no cost to the employee. In addition, the school district will pay for a confidential medical evaluation and follow-up by a licensed health care provider or agency at no cost to the employee.
Medical records will be maintained by the school district for thirty years after the employment of those employees who report exposure to bloodborne pathogens as a result of performance of job duties. Further, the medical records will be stored in compliance with federal, state and local laws regarding privacy and confidentiality of all medical records and any additional legal protection for information related to HIV infection and AIDS. Records of participation in in-service programs provided by the school district for employees will be compiled and maintained for three years.
I. PURPOSE
In accordance with the OSHA Bloodborne Pathogens Standard, 29 CFR 1910.1030, the following exposure control plan has been developed.
II. SCOPE
This plan is to cover all M.S.A.D. #11 employees who could be "reasonably anticipated," as the result of performing their job duties, to be exposed to blood and other potentially infectious materials.
Infectious materials include semen, vaginal secretions, cerebrospinal fluid, pleural fluid, pericardial fluid, amniotic fluid, saliva in dental procedures, and body fluid visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. They also include any unfixed tissue or organ other than intact skin from a human (living or dead) and human immunodeficiency virus (HIV) containing culture medium or other solutions as well as blood, organs or other tissues from experimental animals infected with HIV or HBV.
III. EXPOSURE CONTROL PLAN
A. Identify job classifications for M.S.A.D. #11 faculty, staff and administration where occupational exposure to blood occurs without regard to personal protective clothing or equipment.
B. Identify tasks associated with the above classifications. Task defined: Any activity which involves the handling of or possibility of handling of blood or other potentially infectious materials as described above.
IV. EXPOSURE DETERMINATION
OSHA requires employers to perform an exposure determination identifying which employees may incur occupational exposure to blood or other potentially infectious materials. The exposure determination is made without regard to the use of personal protective equipment (i.e., employees are considered to be exposed even if they wear personal protective equipment). This exposure determination is required to list all job classifications in which all employees may be expected to incur such occupational exposure, regardless of frequency. Within this school district, the following job classifications are in this category.
A. Classification I/Tasks and Procedures
1. School Nurses/First Aid, Care of the sick, Decontamination of the environment, Activities for Daily Living.
In addition, OSHA requires a listing of job classifications in which some employees may have occupational exposure. Since not all the employees in these categories would be expected to incur exposure to blood or other potentially infections materials, tasks or procedures that would cause these employees to have occupational exposure are also required to be listed.
B. Classification II/Tasks and Procedures
1. Principals/First Aid, Care of the sick;
2. Assistant Principals/First Aid, Care of the sick;
3. Bus Drivers/First Aid, Care of the sick, Decontamination of the environment;
4. Secretaries/First Aid, Care of the sick;
5. Self-contained Special Education Techs/First Aid, Care of the sick, ADLs;
6. Self-contained Special Ed Teachers/First Aid, Care of the Sick, ADLs;
7. Family and Consumer Science Teachers/First Aid;
8. Technology Ed Teachers/First Aid;
9. Physical Ed Teachers/First Aid; and
10. Custodians/First Aid, Care of the sick, Decontamination of the environment.
V. EMPLOYEE AWARENESS
This plan will be accessible to M.S.A.D. #11 employees through the following means:
A. Copies of the plan are to be posted in all school facilities where there are employees in the identified classifications.
B. Copies of the plan will be sent to all administrative personnel for insertion into the policy book.
C. Training of employees will be done on a yearly basis.
VI. ANNUAL REVIEW AND UPDATE
At the end of each school year, the policy/plan is to be analyzed and updated. The review will be conducted by M.S.A.D. #11 health personnel, a representative from personnel, the Superintendent and the Occupational Safety and Health Team. The updated plan will be distributed to those indicated in the previous section.
VII. IMPLEMENTATION SCHEDULE AND METHODOLOGY
OSHA requires that this plan also include a schedule and method of implementation for the various requirements of the standard. The following complies with this requirement.
A. Compliance Methods
Universal precautions will be observed in this school district to prevent contact with blood or other potentially infectious materials. "Universal Precautions" is an approach of infection control. The concept of universal precautions is that all human blood and body fluids are treated as if known to contain disease-causing germs (pathogens). It is not always possible to know when blood or body fluids are infectious; therefore, all body fluids shall be handled as if infectious. All employees shall routinely observe the following universal precautions to prevent and reduce spread of infectious disease.
B. Personal Protective Equipment
All personal protective equipment used in the school district will be provided without cost to employees. Personal protective equipment will be considered appropriate only if it does not permit blood and other potentially infectious materials to pass through or reach the employee's clothing, skin, eyes, mouth or other mucous membranes.
Gloves shall be worn where it is reasonably anticipated that employees will have hand contact with blood, other potentially infectious material, non-intact skin and mucous membranes. Gloves will be used for the following procedures: administering first aid, housekeeping tasks, nursing procedures (e.g., catheterization, suctioning, assisting an incontinent student, etc.). Gloves will be available from health/nurse's offices and custodial areas.
Wear disposable waterproof gloves whenever you expect to come into direct contact with blood, other body fluids containing blood, or contaminated items and surfaces. This applies to incidents including, but not limited to, caring for nose bleeds or cuts, cleaning up spills, or handling clothing soiled by blood or body fluids containing blood. Do not reuse gloves. After each use, remove gloves without touching the outside and dispose of them in a lined waste container.
C. Engineering Controls
1. Sharps containers -located in appropriate health/nurse's offices. These containers will be examined and maintained on a regular schedule. When sharps containers are full, the school nurse will be responsible for making arrangements to having them transported to a licensed biomedical waste facility. School nurses will inspect sharps containers with each use. Contaminated needles and other contaminated sharps will not be bent, recapped or removed.
2. Hand washing facilities are available to employees who incur exposure to blood or other potential infectious materials. OSHA requires that these facilities be readily accessible after incurring exposure. Within this school district hand washing facilities are located in most bathrooms, in most custodial areas, in kitchen areas, in some classrooms and in the nurse's offices.
After removal of personal protective gloves, employees shall wash hands and any other potentially contaminated skin area with soap and water immediately or as soon as feasible. All staff should routinely observe the following universal precautions to prevent and reduce spread of infectious disease:
a. Wash hands and any other contacted skin surfaces thoroughly for 15 to 30 seconds with dispensable soap and warm running water, rinse under running water and dry thoroughly with disposable paper towel.
1) Immediately after any accidental contact with blood, body fluids or drainage from wounds with soiled garments, objects or surfaces;
2) Immediately after removing gloves or other protective equipment or clothing;
3) Before assisting others with eating and drinking as well as eating or drinking yourself;
4) Before handling food, cleaning utensils or kitchen equipment; and
5) Before and after diapering and assisting with toileting, as well as toileting yourself.
When running water is not available, use antiseptic hand cleanser and clean towels or antiseptic towelettes and use soap and running water as soon as feasible.
b. Clean surfaces and equipment contaminated with blood with soap and water and disinfect them promptly with a fresh germicide (ten parts water to one part bleach) or other disinfectant. While cleaning, wear disposable gloves and use disposable towels whenever possible. Rinse mops or other reusable items in the disinfectant and dry thoroughly.
c. Properly dispose of contaminated material and label them as biohazards.
1) Place blood, body fluids, gloves, bloody dressings and other materials soaked with blood into appropriately labeled plastic bags or lined waste container. Sharp disposable objects shall be disposed of in leak-proof, puncture-proof containers.
2) Bag soiled towels and other laundry and send home.
3) Dispose of urine, vomit, or feces in the sewer system.
d. Do not care for others - injuries if you have any bleeding or oozing wounds or skin conditions yourself.
e. Use a mouthpiece, resuscitation bag or other ventilation device when readily available when it is necessary to provide mouth-to-mouth resuscitation.
f. Immediately report any incident of accidental exposure to blood or first-aid incident that involved direct contact with blood in accordance with school district policies about accident reporting and exposure.
D. Housekeeping/Decontamination of Environment
The following school facilities will be cleaned daily and after each body fluid spill: all bathrooms, all health/nurse's offices, all administrative areas, all daily use sink areas, and all water fountains.
Decontamination will be accomplished by utilizing the following materials:
A bleach solution of 1 part bleach to 10 parts water (1:10 mixed when needed and not allowed to stand longer than 24 hours) or a germicide.
All contaminated work surfaces will be decontaminated after completion of procedures, immediately after any spill of blood or other potentially infectious materials, and at the end of the work shift. All equipment (e.g., mops, brushes, dust pans) used in cleaning up potentially contaminated materials will be decontaminated immediately. All mops, brushes, bins, pails, cans and similar receptacles shall be inspected regularly and by custodians on a daily basis. Plastic bags in waste receptacles located in health/nurse's offices and all bathrooms will be changed daily.
Any broken glassware which may be contaminated will not be picked up directly with the hands. The following procedures will be used: brush and dustpan will be used to assist picking up contaminated glass. Potentially contaminated glass will be placed in a puncture-proof biohazard container.
Handle contaminated laundry in areas of use. Always use appropriate personal protective equipment when handling contaminated laundry. Before transporting, place contaminated laundry in leak-proof plastic bag and send home.
E. Hepatitis B Vaccine
All employees who have been identified as having occupational exposure to blood or other potentially infectious material (Classification I and II) will be offered the Hepatitis B vaccine, at no cost to the employee, within 10 working days of their initial assignment. Employees must sign the Bloodborne Pathogen Mandatory Declination Statement indicating their consent, declination, or provide previous proof of vaccination. Employees who initially decline the vaccine but who later wish to have it may have the vaccine provided at no cost. The vaccine will be offered yearly if refused. Employees who consent to the vaccine will be given the Hepatitis B instruction sheet. It is the employee's responsibility to complete the series and notify the Personnel Department of vaccination dates. All vaccines will be provided under the supervision of a licensed physician.
Adopted: February 1, 2007
File: GBI
STAFF GIFTS AND SOLICITATIONS
This policy is intended to maintain the integrity of MSAD #11 and reduce the potential for any appearance that its employees have been improperly influenced in their decisions or professional judgment.
Gifts From Businesses
Employees of MSAD #11 are prohibited from accepting things of material value from companies, organizations or individuals desiring to do business with the school district. The exception is the acceptance of token items [OR: items of nominal value] that are generally distributed by the company or organization at conventions or conferences or through their public relations programs.
Gifts From Parents and Students
Teachers and other employees are not permitted to accept gifts from parents or students that exceed nominal value (ordinarily $10 or less. The MSAD #11 Board encourages the writing of letters by parents and students to teachers and other staff members as a more meaningful and appropriate way of expressing gratitude and appreciation.
Solicitation of Staff
In-school solicitation of staff by sales people or other business representatives is prohibited. Such solicitation should be reported to the building principal.
No organization, including charitable or humanitarian organizations, may solicit funds from staff at school or through school electronic communications systems or distribute flyers at school or on school property except as allowed by MSAD #11 Board policy.
Generally, the solicitation of money from staff for group gifts is discouraged except in special circumstances such as serious illness, bereavement, disasters, and mementos at retirement.
Cross Reference: DJ – Bidding and Purchasing
KHB – Advertising in the Schools
KI – Visitors to the Schools
Adopted: March 3, 2011
File: GBJ
PERSONNEL RECORDS AND FILES
MSAD #11 shall maintain records of current and former employees in the Office of the Superintendent in accordance with state and federal laws and regulations.
Directory Information
As required by law, a record of directory information for each employee shall be open to inspection and copying by any person. Directory information shall contain:
A. Name of employee;
B. Date(s) of employment by the school district;
C. Regular and extra-curricular duties, courses, subjects taught, and any other responsibilities since the start of employment by the school district;
D. Post-secondary education institution(s) attended;
E. Major and minor field(s) of study as recognized by those institutions; and
F. Degrees received and dates degrees were awarded.
Confidential Information
As required by law, all information (except Directory Information) about an employee, applicant for employment, or an employee/applicant's immediate family shall be kept confidential if it relates to the following:
A. All information, working papers, and examinations used in the evaluation or selection of applicants for employment;
B. Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
C. Performance evaluations, personal references and other reports and evaluations reflecting on the quality or adequacy of the employee's work or general character compiled and maintained for employment purposes;
D. Credit information;
E. The personal history, general character or conduct of the employee or any member of the employee's immediate family;
F. Complaints, charges of misconduct, replies thereto and memoranda and other materials pertaining to disciplinary action;
G. Social Security number;
H. Any teacher action plan and support system documents and reports maintained for certification purposes; and
I. Criminal history record information.
Personnel Files
Personnel files will contain a cumulative history of the staff member's employment, including formal or informal employee work evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits.
Other Confidential Personnel Records
The school district must maintain the following confidential employee records separate from the personnel files:
A. Medical information of any kind; and
B. Teacher action plan and support system documents and reports maintained for certification purposes.
Disciplinary Action Information
Any written record of a decision involving an employee disciplinary action by the School Board shall not be included within any category of confidential information.
Procedures for Review of Personnel Files
For the purpose of this section, a personnel file shall include, but not be limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits that are maintained by the school district for employment purposes.
A. The Superintendent shall, upon written request and within five (5) business days provide the employee, former employee, or his/her duly authorized representative(s) with an opportunity to review and copy his/her personnel file, if the Superintendent has a personnel file for that employee.
B. Reviews of personnel files shall take place at the location where the personnel files are maintained and during normal office hours.
C. The cost of any copying is to be paid by the person requesting the copy.
D. Access to confidential college placement records and letters of reference will be granted only to the Superintendent/designee.
Access to Personnel Files
Access to personnel files may be given to the following persons without the consent of the employee.
A. The Superintendent or his/her designee, the employee's principal or other supervisor(s). Personnel files are not accessible to individual MSAD #11 School Board members.
Relevant portions of a personnel file may be summarized and/or shared with the MSAD #11 Board by the Superintendent when consideration is being given to performance evaluation, continuation of employment or disciplinary action.
B. The general public shall have access only to the Directory Information as outlined above.
Access to personnel files will not be granted to any other persons except under the following circumstances:
A. When the employee gives written consent for the release of his/her records. The written consent must specify the record(s) to be released and to whom they are to be released. Each request for consent must be handled separately; blanket permission for release of information will not be accepted; and
B. Upon advice of counsel, when subpoenaed or under court order.
Records Management
The Superintendent has overall responsibility for maintaining and preserving the confidentiality of all employee/applicant records. The Superintendent may designate a staff member who shall be responsible for granting or denying access to records according to the guidelines in this policy.
Written reports shall be maintained in personnel files to document compliance with federal and state laws and regulations and MSAD #11 School Board policies regarding employee evaluations. Once a document is properly placed in a personnel file, it shall remain in the file permanently.
Records Retention
The school district will retain all personnel records and files in accordance with applicable laws and regulations.
Legal Reference: 20-A MRSA § 6101
20-A MRSA § 13015
26 MRSA § 631
Chapter 10, Rules for Disposition of Local Government Records (Maine State Archives)
Americans with Disabilities Act of 1990, 42 U.S.C.
Family and Medical Leave Act of 1993, 29 U.S.C. 2611 et seq.
Cross Reference: GBJC - Retention of Application Materials
KDB - Public's Right to Know/Freedom of Information
Adopted: July 8, 1993
Revised: February 1, 2007
File: GBJC
RETENTION OF APPLICATION MATERIALS
State and federal law permit submission of complaints to the Maine Human Rights Commission and/or the U.S. Office of Civil Rights within six months of an alleged act of unlawful employment discrimination. In addition, state regulations require applications for employment to be retained for a period of two years.
As a precautionary measure, all materials accumulated in the process of filling instructional and support staff positions shall be retained for at least three years. Such materials include applications and accompanying materials, notes made in the screening, interviewing and reference checking process, and any other pertinent information. Materials related to the search process (such as advertisements, job descriptions and interview guides) shall also be retained.
All materials accumulated in filling administrator positions (positions requiring Maine Department of Education administrator certification) shall be retained for at least three years.
Legal Reference: 5 MRSA § 4551 et seq. (Maine Human Rights Act)
20-A MRSA § 1001.13
Chapter 10, Rules for Disposition of Local Government
Records (Maine State Archives)
Equal Employment Opportunities Act of 1972 (P.L. 92-261)
Amending Title VII of the Civil Rights Act of 1964
(42 U.S.C. § 2000(e) et seq.)
Cross Reference: GCF - Professional Staff Hiring
GCFB - Recruitment and Hiring of Administrative Staff
GBJ - Personnel Records and Files
Adopted: February 1, 2007
File: GBN
FAMILY AND MEDICAL LEAVE
MSAD #11shall comply with all applicable provisions of the federal Family and Medical Leave Act of 1993 (FMLA), the Maine Family Medical Leave Law, and any other MSAD #11 Board policies and collective bargaining agreements regarding family and medical leave.
The Superintendent is responsible for implementing administrative procedures to comply with this policy.
Legal Reference: 26 USC § 2601 et seq.
29 CFR Part 825
26 MRSA § 843 et seq.
Cross-Reference: GBN-R1 - Family and Medical Leave Act Administrative Procedure
GBN-R2 - Maine Family Medical Leave Administrative Procedure
Adopted: May 4, 1995
Revised: February 1, 2007; May 5, 2011
File: GBN-R1
FAMILY AND MEDICAL LEAVE ADMINISTRATIVE PROCEDURE
A. Eligibility
To be eligible under the FMLA, employees must work at a site where 50 or more employees of the same school district are employed within 75 miles of that work site. An employee must have been employed by the school district for at least twelve months and have worked at least 1250 hours in the previous twelve-month period. According to the law, teachers employed on a full-time basis are presumed to meet the minimum hours requirement.
B. Benefit
Under certain conditions, eligible employees, if qualified, may be entitled to up to 12 weeks or 26 weeks leave in a 12-month period with continuing participation in the school District’s group insurance plan.
The 12-month period for FMLA purposes is designated as a rolling 12-month period measured backward from the date an employee uses an FMLA leave.
C. Reasons for Taking Leave
Unpaid leave will be granted to eligible employees for any of the following reasons:
1. The birth and care of a child;
2. The adoption or foster placement of a child with the employee;
3. To care for a spouse, child or parent with a serious health condition; or
4. The employee is unable to perform the functions of his/her position because of a serious health condition.
D. Military Family Leave
1. Military Caregiver Leave
An eligible employee who is a relative of a servicemember can take up to 26 weeks in a 12-month period in order to care for a covered servicemember who is seriously ill or injured in the line of duty, or a veteran who is undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five years preceding the date of treatment.
2. Qualified Exigency Leave (applies to eligible employees with family members who are in the National Guard or Reserves, and Regular Armed Forces)
a. An eligible employee can take up to the normal 12 weeks of leave, if a family member who is a member of the National Guard or Reserve is called up to active duty on a contingency mission.
b. Qualifying exigencies include:
1) Short-notice deployment;
2) Military events and related activities;
3) Childcare and school activities;
4) Financial and legal arrangements;
5) Counseling;
6) Rest and recuperation;
7) Post-deployment activities; and
8) Additional activities agreed to by the employer and the employee.
E. Substitution of Paid Leave
Any leave taken for FMLA-qualifying purposes (including leave taken under employment policies, bargaining agreements, or contracts) shall also be applied to an employee’s annual FMLA entitlement. When paid leave taken for FMLA-qualifying purposes is exhausted, the balance of FMLA leave shall be unpaid.
F. FMLA Leave When Both Parents Are School District Employees
If both parents of a child are employed by MSAD #11, they each are entitled to a total of 12 weeks of leave per year. However, leave may be granted to only one parent at a time and only if leave is taken: (1) for the birth of a child or to care for the child after birth; (2) for placement of a child for adoption or foster care or to care for the child after placement; or (3) to care for a parent (but not a parent-in-law) with a serious health condition.
If spouses are employed by MSAD #11, the aggregate number of weeks of leave that can be taken is 26 weeks in a single 12-month period for serviceperson leave or a combination of exigency and serviceperson leave. The aggregate number of weeks of leave that can be taken by a husband and wife who work for the same employer is 12 weeks if for exigency leave only.
G. Employee Notice Requirement
The employee must follow the employer’s standard notice and procedural policies for taking FMLA.
Except as provided elsewhere in this policy, an employee must submit an application for leave at least 30 days in advance when the leave is foreseeable or as soon as practicable if it is not foreseeable.
If an employee fails to provide 30 days’ notice of foreseeable leave, the leave may be delayed to start 30 days after notice is given, provided the employee had actual notice of the FMLA notice requirements.
When the need for FMLA leave is foreseeable fewer than 30 days in advance, or the need for FMLA leave is not foreseeable, and the employee fails to provide notice as soon as practicable, the extent to which FMLA leave may be delayed depends upon the facts of the particular case.
H. Medical Certification
A sick leave request form is to be completed whenever an employee is absent from work for more than three days or when an employee has need to be absent from work for continuing treatment by (or under the supervision of) a health care provider.
MSAD #11 will require medical certification to support a request for FMLA leave because of a serious health condition (at employee’s expense).
If the leave request is due to the employee’s serious health condition, the employee is required to provide medical certification stating the date the health
condition commenced, the probable duration, the appropriate medical facts concerning the condition, and that the employee cannot perform the functions of his/her job.
If the leave request is due to the serious health condition of a family member, the employee is required to provide medical certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning the condition, and an estimate of the time the employee will be needed to care for the family member.
If the leave request is for leave to care for a covered servicemember, the employee is required to provide certification of the date on which the serious medical condition or injury commenced, the probable duration, the appropriate medical facts within the knowledge of the health care provider regarding the condition or injury, and an estimate of the time the employee will be needed to care for the covered servicemember.
I. Notice for Leave Due to Active Duty or Call to Active Duty of Family Member
In any case in which the necessity for leave is foreseeable, whether because the spouse or a son, daughter, or parent of the employee is on active duty or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as soon as is practicable.
J. Employer Notice Requirement (29 C.F.R. § 825.300)
Employers are required to provide employees with notice explaining the FMLA through a poster and either a handbook or information upon hire. If an employee requests FMLA leave, an employer must provide notice to the employee within five business days of whether the employee meets the FMLA eligibility requirements. If an employee is not eligible to take FMLA, the employer must provide a reason. The employer must also provide a rights and responsibilities notice outlining expectations and obligations relating to FMLA leave. If the employer approves FMLA leave, it must provide the employee with a designation notice stating the amount of leave that will be counted against an employee’s FMLA entitlement.
K. Insurance
An employee out on FMLA leave is entitled to continued participation in the appropriate group health plan, provided the employee continues paying the usual premiums throughout the leave period. An employee’s eligibility to maintain health insurance coverage will lapse if the premium payment is more than 30 days late.
L. Return
Upon return from FMLA leave, the employee will be restored to his/her previous position or to an equivalent position with equivalent pay, benefits, and other employment terms.
An employee returning from FMLA leave for his/her own serious health condition is required to submit medical certification that indicates fitness to return to work and ability to perform the functions of the job.
If the employee is unable to return to work because of his/her own serious health condition at the end of allowable FMLA leave, the Superintendent [OR: Board] may consider a request for extension of unpaid leave and benefits on a case-by case basis. Unless an extension has been granted, failure to return to work upon the expiration of FMLA leave may subject the employee to immediate termination.
M. Special Rules for Instructional Employees
Under federal regulations, certain special rules apply to instructional employees. These rules affect the taking of leave near the end of a semester and the taking of intermittent leave or leave on a reduced leave schedule.
N. Interaction with Maine Law
When an employee is eligible for leave under both the federal and Maine statutes, the applicable law shall be the one that provides the greater benefit.
An employee who is not eligible for federal FMLA leave may be eligible for leave under the Maine FMLA.
MSAD #11 will analyze each request to determine eligibility for federal and/or Maine FMLA leave.
O. Recordkeeping
Employees, supervisors, and building administrators will forward requests, forms, and other material to payroll to facilitate proper recordkeeping.
Legal Reference: 29 C.F.R. Part 25 (Regulations to Implement the Family and
Medical Leave Act of 1993)
Adopted: May 5, 2011
Revised: June 2, 2011
File: GBN-R2
MAINE FAMILY MEDICAL LEAVE ADMINISTRATIVE PROCEDURE
This administrative procedure covers the main provisions of the Maine Family Medical Leave Act. MSAD #11 will analyze each employee request for leave to determine whether he/she is eligible under the Federal and/or State statute. When an employee is eligible for leave under both the Federal and State statutes, the applicable law with regard to each benefit shall be the one that provides the greater benefit (usually Federal FMLA).
I. ELIGIBILITY
To be eligible for Maine Family Medical Leave, employees must work at a site where there are 15 or more employees of a school district. An employee must have been employed by the same employer for 12 consecutive months and not taken such leave within the immediately preceding 24-month period or have used less than 10 weeks of family medical leave.
Under the Maine Family Medical Leave Act, an eligible employee is entitled to up to 10 weeks of leave during a 24-month period for the following reasons:
A. Serious health condition of the employee;
B. Birth of the employee’s child or the employee’s domestic partner’s child;
C. Placement of a child 16 years of age or less in connection with the adoption of the child by the employee or the employee’s domestic partner;
D. Serious health condition of a child, domestic partner’s child, parent, sibling, domestic partner or spouse;
Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider;
E. The donation of an organ of the employee for a human organ transplant; or
F. The death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child if the spouse, domestic partner, parent, sibling or child is a member of the state military forces as defined in Title 37-B, section 102, of the Maine Revised Statutes, or of the United States Armed Services, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty.
For the purpose of this procedure, “sibling” means a sibling of an employee who is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements and joint financial arrangements.
II. DOMESTIC PARTNER DEFINED
For the purpose of determining eligibility for Maine Family Medical Leave, “domestic partner” means the partner of an employee who:
A. Is a mentally competent adult as is the employee;
B. Has been legally domiciled with the employee for at least 12 months;
C. Is not legally married to or legally separated from another individual;
D. Is the sole partner of the employee and expects to remain so;
E. Is not a sibling of the employee; and
F. Is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements, joint financial arrangements, or joint ownership of real or personal property.
III. ADMINISTRATION
A. MSAD #11 may require certification from a physician to verify the amount of leave requested. An employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods.
B. An employee requesting leave shall provide at least 30 days’ notice of the intended dates upon which the leave will commence and terminate, unless prevented by medical emergency from giving required notice.
C. Any leave taken for Maine Family Medical Leave qualifying purposes, including leave taken under other applicable statutes, employment policies, and collective bargaining agreements or contracts, shall also be considered leave under Maine Family Medical Leave and shall be applied to a employee’s 10-week Maine Family Medical Leave entitlement every 24-month period. When paid leave taken for Maine Family Medical Leave qualifying purposes is exhausted, the balance of Maine Family Medical Leave shall be unpaid.
D. During Maine Family Medical Leave, an employee shall be permitted to continue his/her medical insurance plan, providing the employee remits the monthly premium to the Superintendent’s Office no later than the first day of the month for which the premium is due.
E. Upon an employee’s return to work, he/she will be restored to his/her previous position or to a position with equivalent seniority status, benefits, pay, and other conditions and terms of employment.
F. An employee taking Maine Family Medical Leave for his/her own serious health condition may be required to submit certification that he/she is fit to return to work and is able to perform the functions of the position.
G. If at the end of the allowable leave under Maine Family Medical Leave the employee is unable to return to work because of his/her own serious health condition, the Superintendent and MSAD #11School Board may consider a request for extension of unpaid leave and benefits on a case-by-case basis. Failure to return to work upon the expiration of Maine Family Medical Leave may subject the employee to immediate termination unless such an extension is granted.
H. An employee who is not eligible for Maine Family Medical Leave may be eligible for federal Family and Medical Leave.
IV. LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE
Subject to the other requirements of this policy, leave taken intermittently or on a reduced leave schedule (i.e., a leave schedule that reduces the usual number of hours per workweek or hours per workday of an employee) may be taken subject to the following:
A. Leave for birth or placement related to adoption may not be taken intermittently or on a reduced schedule unless agreed to by both employer and employee;
B. Leave for a serious health condition of the employee or his/her child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee may be taken intermittently or on a reduced leave schedule when medically necessary;
C. The taking of leave intermittently or on a reduced leave schedule may not result in a reduction in the total amount of Maine Family Medical Leave to which the employee is entitled beyond the amount of leave actually taken; and
D. If an employee requests intermittent leave or leave on a reduced leave schedule for a serious health condition of the employee or his/her child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that 1) has equivalent pay and benefits, and 2) better accommodates recurring periods of leave than the regular employment position of the employee.
Legal Reference: 26 MRSA § 843 et seq.
Adopted: May 5, 2011
File: GBO
FAMILY CARE LEAVE
This policy governs employee leave under 26 MRSA § 636, “An Act to Care for Families”, referred to in this policy as the “Family Care Act.” Leave under this policy is referred to as “Family Care Leave.”
The MSAD #11 Board recognizes that under Maine’s “Family Care Act,” if an employer provides paid leave under the terms of a collective bargaining agreement or employment policy, the employer must allow an employee to use the paid leave for the care of an immediate family member who is ill.
In law and for the purpose of this policy, the following definitions apply:
1. “Employer” means a public or private employer with 25 or more employees.
2. “Immediate family member” means an employee’s child, spouse or parent.
3. “Paid leave” means time away from work by an employee for which the employee receives compensation. Paid leave is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these purposes. Paid leave does not include paid short-term or long-term disability, catastrophic leave or similar types of benefits.
Employees may take up to 40 hours of paid leave as Family Care Leave per 12 month period, or the amount provided by an applicable collective bargaining agreement, whichever is greater.
the 12-mnth period shall be the same for all employees and shall be the 12-month period consistent with the 12-month period identified for the school district’s administration of the Family Medical Leave Act (FMLA).
An employee is not entitled to use paid leave until that leave has been earned.
a. An employee may elect which type of paid leave and the amount of each type of paid leave to use for Family Care Leave.
b. Any employee electing to take Family Care Leave must apply such leave against available paid sick leave and if sick leave is exhausted, against personal, then against (and so on) until all paid leave available has been exhausted, except as otherwise provided in applicable collective bargaining agreements.
Notice/verification of illness of Family Care Leave shall be the same as that required for the employee’s own illness. The employee must specify that leave is being taken pursuant to the Family Care Act.
For purposes of applying family medical leave requirements (i.e., FMLA), the school unit shall treat leave under the Family Care Act in the same manner as the employer treats leave for an employee illness. Therefore, Family Care leave and FMLA leave shall run concurrently.
Legal Reference: 26 MRSA §636
Cross Reference: GBN/Family and Medical Leave
Adopted: October 6, 2005
Revised: February 1, 2007; May 5, 2011
File: GCF
PROFESSIONAL STAFF HIRING
Through its employment policies, the MSAD #11 Board shall attempt to attract, secure and hold the highest qualified personnel for all professional positions. The selection program shall be based upon an alertness to candidates who will devote themselves to the education and welfare of the children attending our public schools.
It is the responsibility of the Superintendent and of persons to whom he/she delegates this responsibility to determine the personnel needs of the school system and to locate suitable candidates to recommend to the MSAD #11 Board for employment. Through effective administrative procedures, the Superintendent shall recruit and recommend to the MSAD #11 Board the employment and retention of personnel who are motivated to do their best work and to be creative from their own inner resources.
It shall be the duty of the Superintendent to see that persons nominated for employment in the schools shall meet all certification requirements and the requirements of the MSAD #11 Board for the type of position for which the nomination is made.
The following guidelines shall be used in the selection of personnel:
A. There shall be no illegal discrimination in the hiring process.
B. Interviewing and selection procedures shall assure that an administrator has the opportunity to aid in the selection of any staff member who will work under his/her supervision.
C. No candidate shall be hired without a personal interview.
D. All candidates shall be considered on the basis of their merits, qualifications and the needs of the district. In each instance, the Superintendent and others playing a role in the selection shall seek to hire the best qualified person for the job; and
E. While the MSAD #11 Board may accept or reject a nomination, an approval shall be valid only if made with the recommendation of the Superintendent. In the case of a rejection, it is the duty of the Superintendent to make another nomination.
Legal Reference: 20-A MRSA § 13201 et seq.
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
GBJC - Retention of Application Materials
Adopted: August 5, 1986
Revised: July 8, 1993; February 1, 2007
File: GCFB-R
RECRUITING AND HIRING OF ADMINISTRATIVE STAFF
ADMINISTRATIVE PROCEDURE
These procedures implement MSAD #11 School Board policy GCFB and are designed to establish a thorough, efficient and nondiscriminatory practice for the recruiting and hiring of the most qualified candidates for administrative positions.
A. Job Description Development/Review
To ensure that a written role description of the vacant position accurately represents the current functions and needs, the Superintendent/designee (the MSAD #11 Board in a Superintendent search) is to:
1. Conduct a review of (if none exists, develop) the job description, with input from persons affected by the position;
2. Include the criteria (skills, knowledge, abilities) required to perform the duties/responsibilities of the position; and
3. List the minimum qualifications (training, education and experience) for the position.
B. Recruitment
To attract a strong pool of qualified candidates, the Superintendent/designee is to advertise (except in the circumstances described in K below) by:
1. Posting notice of the vacancy within the district;
2. Placing a display advertisement in appropriate print media, considering at least one appearance in a major Maine weekend or Sunday newspaper; and
3. Identifying and notifying other possible sources of potential candidates, such as professional associations, educational administration programs and placement offices at colleges and universities in Maine and other states, and the Maine Department of Education.
C. Screening
To ensure that a fair and efficient screening process will occur, the Superintendent/designee is to:
1. Ensure that all applications are reviewed by more than one individual, with attention given to an unbiased regard for the criteria and qualifications in the job description;
2. Appoint a screening panel with representation as deemed appropriate to the particular vacancy;
3. Provide orientation on confidentiality and equity issues to screeners;
4. Eliminate all candidates who do not meet the minimum qualifications;
5. Conduct preliminary reference checks, as appropriate;
6. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge and abilities outlined in the job description; and
7. Notify applicants not selected for interview.
D. Interviewing
To ensure that the interview process will be conducted in a legal and proper manner, the Superintendent/designee is to:
1. Appoint an interview panel (may be the same persons who serve the screening function) with representation as deemed appropriate to the particular vacancy;
2. Provide orientation on the process including the function and extent of responsibility of the panel, the weighting of criteria and the nomination/hiring procedure; and
3. Conduct training to ensure that panel members are aware of the legal aspects of interviewing, including confidentiality and equity issues.
The interviewing panel is to:
1. Design interview questions which match the criteria and the duties/responsibilities outlined in the job description; and
2. Provide equal opportunity for the candidates to respond to the same questions/questioners.
E. Selection
The interview panel is to:
1. Individually assess the candidates according to their answers to the job description-related questions, rating and commenting on each using a specially prepared form corresponding to the questions/criteria; and
2. Submit a report to the Superintendent, including the individual rating forms as well as a list (usually 2 to 4) of candidates to be considered further for the position.
The Superintendent/designee is to:
1. Have reference contacts made, as appropriate, to check perceived strengths and weaknesses of the candidates;
2. Review the material on the finalist candidates to determine whether additional information is needed;
3. Conduct final interviews of any or all finalists, as deemed necessary;
4. Select the most qualified candidate who fits the criteria and the duties/responsibilities outlined in the job description, based on his/her own professional judgment along with those of the interview panel (or, reject all finalists, reopen the position and begin the process anew); and
5. Have any further reference checks made, as appropriate.
F. Nomination/Employment
The Superintendent is to:
1. Notify and obtain agreement of the successful candidate, pending MSAD #11 Board approval;
2. Inform the interview panel; and
3. Nominate and employ the successful candidate in accordance with state law and local policies.
G. Notification
The Superintendent/designee may:
1. Notify the nominee of the MSAD #11 Board approval and employ the administrator; and
2. Notify the other candidates interviewed.
H. Orientation and Support
To ensure that the new administrator is provided with the proper information about the system and job expectations, the Superintendent/designee is to provide an orientation that includes expectations of the duties/responsibilities of the position along with the policies and procedures of the local school district.
I. Record Keeping
To ensure that the confidentiality of employee and applicant records are properly maintained, the Superintendent is to provide for the maintenance in secure files of all applications and documentation of the hiring, screening and interviewing process for a period of three (3) years.
J. Confidentiality
To ensure that confidentiality is maintained throughout and permanently following the hiring process, the MSAD #11 Board, all employees involved, and any other participants are to maintain absolute confidentiality about candidates, including names, in accordance with state law (20-A MRSA § 6101). The MSAD #11 Board is to assume responsibility through the Superintendent for providing adequate orientation at appropriate stages of the process, including at the completion.
K. Hiring of Current Employees
MSAD #11 may forego one or more of the steps set forth in sections B-E of this procedure and appoint a person who is currently employed by the district to fill an administrative position only if the Superintendent, after consultation with the MSAD #11 School Board, or the MSAD #11 Board in a Superintendent search, determines that the following circumstances exist:
1. The currently employed candidate is exceptionally well qualified for the position; and
2. The decision to forego all or part of the recruitment and screening process will not detract from the goals of this policy.
Adopted: July 8, 1993
Revised: February 1, 2007
Based largely on “Model Administrative Hiring Procedure," published by the Commissioner of Education in the Final Report of the Equity Committee, April 22, 1991.
File: GCFB
RECRUITING AND HIRING OF ADMINISTRATIVE STAFF
In response to An Act to Promote Equity of Opportunity for Women in Administrative Positions in the Public School System (PL 1990, Chap. 889), the MSAD #11 Board affirms its commitment to the strict prohibition of discrimination in employment on the basis of race, national origin, religion, sex, age, or disability, and to the principle of affirmative action to obtain wide and representative candidate pools.
In accordance with 20-A MRSA, § 1001(13), the Superintendent shall prepare a procedure designed to ensure nondiscriminatory practice in recruitment and hiring for all positions requiring administrator certification, as well as to result in selection of the most qualified candidates. This procedure shall be attached hereto as GCFB-R, and shall be reviewed periodically.
Moreover, upon each occasion of administrative vacancy, the Superintendent shall review the procedure and make appropriate adaptations as may be warranted by special circumstances. In the case of a vacancy in the Superintendency, the MSAD #11 Board shall review the procedure, adapting as appropriate.
In accordance with 20-A MRSA, § 4502 (4-A), the district's Affirmative Action Plan shall include: a description of the status of the district's nondiscriminatory administrator hiring practice; plans for in-service training programs on gender equity for teachers, administrators and the MSAD #11 School Board; and the relationship of the above to the State's five-year goal for the employment of women in administrative positions.
Legal Reference: 5 MRSA § 4576
20-A MRSA §§ 6, 254 (8-10), 1001(13), 4502(4-A), 13011(6),
13019-B, 13019-C
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
GBJC - Retention of Application Materials
GCFB-R - Recruiting and Hiring of Administrative Staff Administrative Procedure
Adopted: July 8, 1993
Revised: February 1, 2007, September 1, 2011
File: GCGA
SUBSTITUTE TEACHERS
Substitute teachers may serve on a day-to-day basis to fill short-term classroom teaching or instructional vacancies caused by the absence, resignation, inability to employ or termination of a certified teacher or educational specialist.
Qualifications
A. All substitute teachers shall be approved by the Maine Department of Education.
B. Certified teachers may substitute outside the scope of their certification for not more than 90 teaching days in any one teaching assignment.
C. Persons having two or more years of college preparation may serve as substitute teachers for not more than 60 teaching days in any one teaching assignment.
D. Only in cases of emergency may a person with less than two years of college preparation who has graduated from high school serve as a substitute teacher, and such assignment shall not exceed 10 teaching days [except when assigned to a vocational center or region.
E. A high school graduate with two or more years of trade experience may serve as a substitute teacher in a vocational center or region for not more than 60 teaching days in any one teaching assignment.]*
F. Teaching days shall include consecutive and non-consecutive days in the same teaching assignment during a school year.
Compensation
Substitute teachers must be compensated at the rate of not less than $55 for each day of service. The amount paid to substitute teachers will be determined by the MSAD #11 School Board
Legal Reference: 20-A M.R.S.A. § 13402(3)
Chapter 115 § 13 (Maine Department of Education Rules)
Adopted: September 3, 1959
Revised: June 5, 1986; July 8, 1993; March 10, 1994; February 1, 2007
File: GCI
PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES
The MSAD #11 Board recognizes the importance of developing, maintaining, and extending the skills of staff members and encourages employees to engage in programs and activities that will lead to their professional growth and increased competence.
The Superintendent is authorized to initiate programs and activities that are designed to serve the following purposes:
A. To provide a structure through which staff members can stay abreast of new developments in their areas of specialty;
B. To familiarize staff members with new research and innovative teaching methods;
C. To assist staff members in the process of change and school improvement; and
D. To facilitate the development, implementation and evaluation of new programs.
Within budgetary limitations, visitations and attendance at conferences may be approved by the Superintendent in accordance with MSAD #11 Board policy.
Legal Reference: Ch. 125 § 8.08 (Me. Dept. of Ed. Rule)
Adopted: Prior to 1985
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GCK
MSAD #11 PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS
The basic consideration in the assignment of professional personnel will be the needs of students and the instructional program. However, faculty satisfaction with assignments may be expected to have a significant impact on the morale of the professional staff and the effectiveness of the total educational program.
Therefore, it will be the policy of the MSAD #11 Board that personnel be assigned on the basis of their qualifications, the needs of the district, and their expressed desires. When it is not possible to meet all of these conditions, an employee will be assigned first in accordance with school system needs -where the administration feels the employee is most qualified to serve, and second, regarding the preference of the employee.
Care will be exercised by the Superintendent and other district administrators to ensure that the school is well staffed with effective teachers.
Within the school, a Principal will have the right to assign classes and courses, provided this is done with full regard to the teacher's area of certification and MSAD #11 Board policies. He/she will also recommend to the Superintendent assignments to any extra-pay positions in his/her school.
A transfer, reassignment, or special assignment may be requested by any employee, which will be given due consideration in accordance with the provisions of this policy.
Cross Reference: GCP - Professional Staff Promotions and Reclassifications
Adopted: February 1, 2007
File: GCMA
TEACHER PREPARATION TIME
The MSAD #11 Board recognizes that, in addition to assigned classroom responsibilities, teachers devote a considerable number of hours each week to a variety of tasks that contribute to student learning. These tasks include preparing for classes, enriching the school environment, correcting assignments, working with individual students or small groups, returning contracts from parents and other staff, meeting with other staff about individual students or planning instructional programs, and paperwork that cannot be done during instructional time.
The MSAD #11 Board supports the provision of reasonable teacher preparation time within the school day in accordance with the following guidelines:
A. Except in cases of inclement weather or other emergency:
1. Whenever possible in the judgment of the principal without
overburdening available educational technicians, elementary school
teachers shall receive a minimum of 30 minutes preparation time in lieu of performing daily lunchtime duties, in addition to the three preparation periods per week when students are scheduled to be with itinerant teachers. Any lunchtime duties will be assigned to teachers on an equitable rotating basis.
2. Whenever possible, middle school and high school teaches will receive at
least 400 minutes bi-weekly for preparation time, during the student day.
B. In cases of inclement weather, educational technicians will to the extent possible
in the judgment of the principal without overburdening them be used on a rotating basis to cover as many classrooms as possible before teachers are asked or assigned, on an equitable rotating basis, to provide such coverage.
As used in this policy, the term “inclement weather” means weather conditions which do not permit students safely to leave the school building and be supervised outdoors.
C. In emergencies, teachers are expected to provide duty coverage which will be
arranged by building administrators on an equitable rotating basis. At the elementary level, educational technicians will to the extent possible in the judgment of the principal without overburdening them first be used to provide such coverage before it is assigned to teachers.
The term “emergency” includes cases where staff is unavailable as a result of sick leave or other reason.
Adopted: November 15, 2001
Revised: September 2, 2004; April 2, 2009
File: GCOA
SUPERVISION AND EVALUATION OF PROFESSIONAL STAFF
A well-planned and systematic program of supervision and evaluation of performance tied to educational outcomes is vital to the ongoing improvement of the instructional program. Through this policy, the MSAD #11 Board seeks to ensure that sufficient administrative time and energy are expended to supervise (observe and assist) and evaluate (measure and assess) teachers. The evaluation program shall address all aspects of teaching performance and recognize that the fulfillment of student needs is of primary importance.
The MSAD #11 Board believes that an ongoing appraisal of teacher performance should:
A. Provide a systematic process that will, on a continuing basis, enable staff to measure and improve the effectiveness of their instructional services within the limitations of existing resources;
B. Provide the opportunity for all staff members to analyze their strengths and weaknesses as they relate to the teaching-learning process and the ability to discuss objectively the contribution they have made to the school system;
C. Provide the opportunity for administrators to use the evaluation process to assist staff in developing objectives and increasing competencies relating to teaching and learning and/or their professional responsibilities; and
D. Enable administrators in making recommendations concerning employment, when appropriate.
The Superintendent shall be responsible for development, implementation and periodic review of a comprehensive program of supervision and evaluation. The program shall provide for minimum standards for the number and frequency of formal performance reviews, with the understanding that probationary teachers require closer support and more frequent performance reviews.
A. Evaluative criteria shall be in written form and made permanently available to the teacher;
B. Evaluations shall be made by an immediate supervisor/administrator;
C. Evaluations will include a self-evaluation component;
D. Results of the evaluations shall be put in writing and shall be discussed with the teacher;
E. The teacher being evaluated shall have the right to attach a memorandum to the written evaluation; and
F. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent’s office.
In keeping with the MSAD #11 School Board’s goal of employing the best qualified staff to provide quality education for all students, all teachers are expected to participate fully in the evaluation process, self-appraisal and continuous improvement of professional skills.
While supervision and evaluation policies and procedures are not negotiable in collective bargaining, the Superintendent is to seek appropriate involvement of staff in the development and periodic review of the supervision and evaluation program.
Legal Reference: 20-A MRSA §§ 1055, 13802
Ch. 125 §§ 4.02(E)(3), 8.08 (Me. Dept. of Ed. Rule)
Adopted: Prior to 1985
Revised: June 5, 1986; August 6, 1993; November 1998; February 1, 2007;
January 2012
NEPN/NSBA Code: GCOC
EVALUATION OF ADMINISTRATIVE STAFF
The Superintendent shall implement and supervise an evaluation system for all administrative personnel. A report shall be made to the board annually on the performance of all administrators, with recommendations regarding their employment and/or salary status.
Formal evaluations shall be made at least once a year, but more often during the first two years in an administrative capacity. They shall be conducted according to the following guidelines:
A. Evaluative criteria for each position shall be in written form and made permanently available to the administrator;
B. Evaluations shall be made by the Superintendent or immediate supervisor;
C. Results of the evaluations shall be put in writing and shall be discussed with the administrator;
D. The administrator being evaluated will have the right to attach a memorandum to the written evaluation; and
E. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent's office.
Legal Reference: Ch. 125 §§ 4.02(E)(3), 8.08 (Me. Dept. of Ed. Rule)
Adopted: August 6, 1992
Revised: February 1, 2007
File: GCQC
RESIGNATION OF SCHOOL DISTRICT EMPLOYEES
The MSAD #11 Board authorizes the Superintendent to accept all employee resignations. Such acceptance shall be effective when first communicated to the employee orally or in writing. Acceptance shall be confirmed in writing to the employee. The resignation and its acceptance should be reported as information to the MSAD #11 Board at the next regular or special meeting.
Cross Reference: GCQCA - School District Employee References
Adopted: February 2, 1984
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GCQCA-E
AUTHORIZATION TO DISCLOSE INFORMATION/RELEASE OF CLAIMS/INDEMNITY
I, ____________________________, hereby request and authorize M.S.A D. #11 and its past, present, and future school boards, school board members, employees, and agents, both in their individual and official capacities, (hereinafter separately and collectively referred to as the "District") to provide any information which is directly or indirectly related to my employment and the termination of my employment with M.S.A D. #11 including without limitation information which would otherwise be confidential by statute, contract or otherwise, to anyone making an inquiry regarding my seeking employment. Such information may include facts or opinions about my performance, character, conduct, both at and apart from school activities, and my suitability for various employment positions. The District may provide such information in response to either oral or written requests and may rely on the oral representation of the person requesting information that I am seeking employment. I understand and agree that the District is not required to either notify me when it provides such information or review such information with me and that it does not plan on doing so.
In consideration for the District providing such information, I, for myself, my heirs, successors, assigns, and personal representatives, expressly waive and release the District from any and all claims, including without limitation claims for defamation, emotional distress, invasion of privacy, violations of constitutional rights, violations of statutes or interference with contractual relations (and including claims based on or alleging negligence) which in any way arise out of the District providing the information described above, and I also agree to indemnify and hold harmless the District from any and all expenses, including without limitation reasonable attorneys' fees which the District may incur as a result of any such claims by me or others. This is not a mutual release; it does not operate as a release of any present or future claims of the District against me.
This authorization/release/indemnity shall remain in effect until receipt by M.S.A D. #11 of a written revocation from me.
I HAVE CAREFULLY READ AND CONSIDERED THIS
DOCUMENT BEFORE SIGNING.
____________________________________________ __________________
Signature Date
File: GCQCA
SCHOOL DISTRICT EMPLOYEE REFERENCES
The MSAD #11 Board recognizes that sharing of accurate information about current and former District employees with prospective employers is generally in the best interest of the District and other school Districts as well as employees seeking new employment, but that such disclosures may be restricted by state confidentiality laws and liability concerns. Authorized District supervisors may respond to reference inquiries concerning District employees or former employees who are seeking employment elsewhere as provided in this policy.
The Superintendent and other persons designated by the Superintendent are authorized to provide written or oral references concerning a current or former District employee only if the employee has signed the Authorization to Disclose Information/Release of Claims/Indemnity document attached to this policy. If no such Authorization has been executed, the District shall disclose only "directory information" as defined in 20-A MRSA § 6101. The original signed Authorization shall be retained permanently in the employee's personnel file.
If the Authorization is revoked in writing by the employee, no further references, apart from directory information, shall be provided with respect to the employee, and both the written revocation and the Authorization shall be retained in the personnel file.
This policy shall apply to both professional and non-professional school unit employees.
Legal Reference: 20-A MRSA § 6101
26 MRSA § 598
Cross Reference: GCQC - Resignation of School Unit Employees
Adopted: February 1, 2007
File: GCRD
TUTORING FOR PAY
To ensure that all students receive reasonable assistance without charge from their own teachers and to avoid placing a teacher in a position of a conflict of interest, teachers shall not tutor for pay any student they have in class or upon whose evaluation or assignment they will be called upon to pass.
No tutoring for which a teacher receives a fee will be permitted in the school building or on school time.
Adopted: Prior to 1985
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GCS
PROFESSIONAL RESEARCH AND PUBLISHING
The MSAD #11 Board considers that the school system has proprietary rights to publications, instructional materials and devices prepared by employees during their paid work time. However, the MSAD #11 Board also recognizes the importance of encouraging its professionals' writing, research and other creative endeavors.
When original materials are developed by employees or staff committees during working time, or as part of regular or special assignments for which they are paid, the school system will have sole rights in matters of publication or reproduction; however, identity of the employee(s) who created the materials will be clearly recognized and noted.
In situations where the proprietary rights to material is in doubt -as, for example, when original instructional materials have been developed partially during working time or as part of a paid assignment and partially during the staff member's own time - arrangements will be made for the appropriate assignment of rights and any profits.
However, a staff member may use his/her background of knowledge of district programs and operations in professional writing of any type, without the MSAD #11 Board claiming any rights to the materials or authority to approve them prior to publication, except that articles purporting to represent school system policy will be cleared by the Superintendent who may, if the subject warrants, seek MSAD #11 Board clearance.
Adopted: February 1, 2007
File: GCSA-E
MSAD #11 EMPLOYEE COMPUTER AND INTERNET USE ACKNOWLEDGMENT FORM
Employee Privately Owned Computer Use Form
I understand and consent to the MSAD #11 School Board policy on staff use of privately owned computers. I request that my privately owned computer be allowed to use the school computer services.
After signing and returning this form, you will be contacted with instructions on having your personal computer added to the network.
_________________ ________________________ _________________
Brand Name Model No. Serial No.
_____________________________________________________________________________
MAC Address (wireless) MAC Address (wired) Operating System
_____________________________________________________________________________
Employee (Printed Name) Date
_____________________________________________________________________________
Employee (Signature) Date
Adopted: August 4, 2011
File: GCSA
EMPLOYEE COMPUTER AND INTERNET USE
M.S.A D. #11 provides computers, school computer services to support the educational mission of the schools and to enhance curriculum and learning opportunities for students and school staff.
Employees are to utilize the District’s computers, desk equipment, and school computer services (including email) for school-related purposes and performance of job duties. Incidental personal use of school computers is permitted as long as such use does not interfere with the employee’s job duties and performance, with system operations, or other system users. “Incidental personal use” is defined as use by an individual employee for occasional personal communications. Employees are reminded that such personal use must comply with this policy and all other applicable policies, procedures, and rules.
Employees may be allowed to use privately owned computers at school with prior authorization (authorization will require the employee to provide the school all information necessary on privately owned computers, including MAC addresses, for the school to monitor, review and have access to the employee’s use of school computer services) provided that they comply with this policy and all related rules.
Any employee who violates this policy and/or any rules governing use of the District’s computers will be subject to disciplinary action, up to and including discharge. Illegal uses of the District’s computers will also result in referral to law enforcement authorities.
All MSAD #11 computers and school computer services remain under the control, custody, and supervision of the District. MSAD #11 reserves the right to monitor all computer, and school computer services by employees. Employees have no expectation of privacy in their use of school computers and equipment.
The Superintendent shall be responsible for overseeing the implementation of this policy and the accompanying rules and for advising the Board of the need for any future amendments or revisions to the policy/rules. The Superintendent may develop additional administrative procedures/rules governing the day-to-day management and operations of the District’s computer system and equipment as long as they are consistent with the Board’s policy/rules. The Superintendent may delegate specific responsibilities to the director of technology, building principals, and others as he/she deems appropriate.
Page 1 of 2
File GCSA
Cross Reference: GCSA-R - Employee Computer and Internet Use Rules
IJNDB - Student Computer and Internet Use
` IJNDB-R - Student Computer and Internet Use Rules
Adopted: January 9, 1997
Revised: June 22, 2000; June 3, 2004; February 1, 2007; August 4, 2011
Page 2 of 2
File: GCSA-R
EMPLOYEE COMPUTER AND INTERNET USE RULES
The intent of these MSAD #11 Board-level rules is to provide employees with general requirements for utilizing the District’s computers, equipment, networks, and the school computer services. The MSAD #11 Board rules may be supplemented by more specific administrative procedures and rules governing day-to-day management and operation of the computer system.
These rules provide general guidelines and examples of prohibited uses for illustrative purposes but do not attempt to state all required or prohibited activities by users. Employees who have questions regarding whether a particular activity or use is acceptable should seek further guidance from the Director of Technology.
Failure to comply with MSAD #11 Board policy GCSA, the rules and/or other established procedures or rules governing computer and equipment use may result in disciplinary action, up to and including discharge. Illegal uses of the District’s computers and/or equipment will also result in referral to law enforcement authorities.
A. Access to District Computers, Equipment, Networks and Internet Services
The level of access that employees have to District computers, and school computer services is based upon specific employee job requirements and needs.
B. Acceptable Use
Employee access to the District’s computers, and school computer services is provided for administrative, educational, communication and research purposes consistent with the District’s educational mission, curriculum and instructional goals. General rules and expectations of professional behavior and communication apply to use of the District’s computers, and school computer services.
Employees are to utilize the district’s computers, and school computer services for school-related purposes and performance of job duties. Incidental personal use of school computers, and school computer services is permitted as long as such use does not interfere with the employee’s job duties and performance, with system operations or other system users. “Incidental personal use” is defined as use by an individual employee for occasional personal communications. Employees are reminded that such personal use must comply with this policy and all other applicable policies, procedures and rules.
Page 1 of 5
File: GCSA-R
C. Prohibited Use
The employee is responsible for his/her actions and activities involving MSAD #11 computers, and school computer services and for his/her computer files, passwords, and accounts. General examples of unacceptable uses which are expressly prohibited include but are not limited to the following:
1. Any use that is illegal or in violation of other Board policies, including
harassing, discriminatory or threatening communications and behavior, violations of copyright laws, etc.;
2. Any use involving materials that are obscene, pornographic, sexually
explicit or sexually suggestive;
3. Any inappropriate communications with students or minors;
4. Any use for private financial gain, or commercial, advertising or
solicitation purposes;
5. Any use as a forum for communicating by email or any other medium
with other school users or outside parties to solicit, proselytize, advocate or communicate the views of an individual or non-school-sponsored organization; to solicit membership in or support of any non-school-sponsored organization; or to raise funds for any non-school-sponsored purpose, whether for-profit or not-for-profit. No employee shall knowingly provide school email addresses to outside parties whose intent is to communicate with school employees, students and/or families for non-school purposes. Employees who are uncertain as to whether particular activities are acceptable should seek further guidance from the building principal or other appropriate administrator;
6. Any communication that represents personal views as those of the School
District or that could be misinterpreted as such;
7. Downloading or loading software or applications without permission from
the system administrator;
8. Unauthorized copying of software is illegal and may subject the copier to
substantial civil and criminal penalties;
Page 2 of 5
File: GCSA-R
9. Opening or forwarding any email attachments (executable files) from
unknown sources and/or that may contain viruses;
10. Sending mass emails to school users or outside parties for school or non-
school purposes without the permission of the Superintendent;
11. Any malicious use or disruption of the School District’s computers,
and school computer services or breach of security features;
12. Any misuse or damage to the School District’s computer equipment;
13. Misuse of the computer passwords or accounts (employee or other users);
14. Any communications that are in violation of generally accepted rules of network etiquette and/or professional conduct;
15. Any attempt to access unauthorized sites;
16. Failing to report a known breach of computer security to the director of technology;
17. Using school computers, and school computer services such access has been denied or revoked; and
18. Any attempt to delete, erase, or otherwise conceal any information stored on a school computer that violates these rules.
D. No Expectation of Privacy
The District retains control, custody and supervision of all computers, and school computer services owned or leased by the District. The District reserves the right to monitor all computer and Internet activity by employees and other system users. Employees have no expectation of privacy in their use of school computers, including email messages and stored files.
E. Confidentiality of Information
Employees are expected to use appropriate judgment and caution in communications concerning students and staff to ensure that personally identifiable information remains confidential.
Page 3 of 5
File: GCSA-R
F. Staff Responsibilities to Students
Teachers, staff members and volunteers who utilize school computers and equipment for instructional purposes with students have a duty of care to supervise such use. Teachers, staff members and volunteers are expected to be familiar with the School district’s policies and rules concerning student computer and Internet use and to enforce them. When, in the course of their duties, employees/volunteers become aware of student violations, they are expected to stop the activity and inform the building principal or director of technology.
G. Compensation for Losses, Costs, and/or Damages
The employee shall be responsible for any losses, costs, or damages incurred by the District related to violations of policy GCSA and/or these rules.
School Unit Assumes No Responsibility for Unauthorized Charges, Costs or
Illegal Use.
The District assumes no responsibility for any unauthorized charges made by employees, including but not limited to credit card charges, subscriptions, long distance telephone charges, equipment and line costs, or for any illegal use of its computers or equipment such as copyright violations.
H. Additional Rules for Use of Privately Owned Computers by Employees
An employee who wishes to use a privately owned computer in school must sign an “Employee Privately owned Computer Use Form”.
The employee is responsible for proper care of his/her privately owned computer; including costs of repair, replacement, or any modifications needed to use the computer at school. The District is not responsible for damage, loss, or theft of any privately owned computers.
Employees are required to comply with all MSAD #11 Board policies/procedures and school rules while using school computer services on privately owned computers.
Employees have no expectation of privacy in their use of school computer services while using privately owned computers.
________________________________________
Employee Name (printed)
________________________________________ _____________
Employee Signature (printed) Date
Page 4 of 5
File: GCSA-R
I. Employee Acknowledgment Required
Each employee authorized to access the MSAD #11’s computers, and school computer services is required to sign an acknowledgment form stating that they have read policy GCSA and these rules. The acknowledgment form will be retained in the employee’s personnel file.
Cross Reference: GCSA-Employee Computer and Internet Use
IJNDB – Student Computer and Internet Use
IJNDB-R –Student Computer and Internet Use Rules
Adopted: June 3, 2004
Revised: February 1, 2007; August 4, 2011
Page 5 of 5
File: GDA
SUPPORT STAFF POSITIONS
MSAD #11 shall employ nonprofessional personnel in positions that function to support the educational program of the schools. All such support staff positions in the school system shall be established initially by the MSAD #11 Board. For each new position, the MSAD #11 Board will review an initial job description as prepared by the Superintendent.
Support staff employees shall be those who work in the following general areas:
A. Secretarial staff;
B. Educational technicians (teacher aides/teacher assistants-full-time or part-time);
C. Custodial staff;
D. Maintenance staff;
E. Pupil transportation staff;
F. Food services staff.
G. Coaches; and
H. Other extra/co-curricular, part-time, extra-duty positions.
Although positions may remain temporarily unfilled, or the number of persons holding the same type of position reduced in event of de-staffing requirements, only the MSAD #11 Board may abolish a position that it has created.
Adopted: Prior to 1985
Revised: June 5, 1986; August 5, 1993; February 1, 2007
File: GE
NON-UNIONIZED PERSONNEL COMPENSATION AND BENEFITS
THIS POLICY ADDRESSES COMPENSATION AND BENEFITS FOR THOSE POSITIONS NOT INCLUDED IN ANY OTHER COLLECTIVE BARGAINING UNIT.
This policy applies to the following positions: Payroll clerk, Superintendent’s Administrative Assistant, Accounts Payable Clerk, Receptionist/Secretary (200 days per year), Special Education Administrative Assistant, Carpenter/Maintenance, Assistant Director of Operations, and Technology Technician (240 days per year).
Annual salary increases will be the same as those negotiated on the base step for the Educational Technician and Administrative Assistant Association’s contract.
Salaries will be based on job description, degree of responsibility, and expected length of work week/year.
If deemed warranted, the Superintendent will make recommendations to the MSAD #11 Board concerning salary and benefits for these positions. Modification of salaries and/or benefits must be approved by the MSAD #11 Board.
Adopted: May 6, 1993
Revised: June 1996; May 2000; June 2000, 2001, and 2002;
Reviewed: 3/3/2005; 2/1/2007; 1/3/2008; 1/8/2009; 4/2010; 6/2/2011, 9/6/2012
MANUAL FOR POLICY GE—NON-UNIONIZED PERSONNEL
Positions Included
Payroll Clerk, Superintendent’s Administrative Assistant, Accounts Payable Clerk, Receptionist/Secretary (200 days per year), Special Education Administrative Assistant, Carpenter/Maintenance, (all 52 weeks) Assistant Director of Operations (240 days per year), and Technology Technician (48 weeks).
A. Fringe Benefits
The District shall reimburse unit members at the current IRS mileage rate (established annually in July by the District) for personal vehicle use required by the employee’s immediate supervisor for school business. Unit members must submit a mileage form, approved by the member’s immediate supervisor, to the Superintendent’s Office on a monthly basis to receive reimbursement.
B. Sick Leave
Fifteen days per year accumulated to 150. Sick days are to be used only for illness or injury, which prevent an employee from performing his/her assigned duties or other responsibilities and medical appointments which simply cannot be scheduled outside of work days. Up to five days may be used to provide firsthand care for illness in the immediate family. Immediate family shall include spouse, children and other persons living in the same household. Up to five days may be used to care for other relatives in exceptional circumstances, with approval from the Superintendent. Unused personal days would be added to sick leave accumulation to 150 days.
As a condition of sick leave use, a physician’s statement may be required by the Superintendent (a) after five (5) work days out sick; or (b) at any time regardless of the length of the absence where the Superintendent has a reasonable basis to suspect that an employee is using sick leave in circumstances other than for permitted uses described above or has utilized sick leave in a manner which suggests possible sick leave abuse. Patterns of sick leave use which might suggest abuse include, for example, absence for three or more Mondays or Fridays or use of all annual sick leave days in any work year.
Payment for unused sick days - employees who have accumulated 150 days shall be paid $30 for each day over 150 (maximum of 15) not used. Payment is to be made at the end of each fiscal year.
C. Personal Leave
Employees who are employed to work beyond 240 days per year will have available three days per year and employees who are employed fewer than 240 days per year will have available two days per year subject to prior approval of the Superintendent may be used for religious, legal, business, household or family matters which cannot be conducted at times other than work days. Personal days cannot be used to extend a holiday or vacation (except for the above stated reasons) or for recreational purposes. The Superintendent’s decision is final.
D. Bereavement
A total of five days per bereavement, without salary loss, may be used for bereavement for a member of the immediate family, including spouse, parent,
child, sibling, grandparent, and in-laws of same. Additional bereavement leave may be requested of the Superintendent. It is at the discretion of the Superintendent to grant or not. The Superintendent’s decision is final. Any additional days shall be deducted from the employee’s accumulated sick leave.
E. Storm Days
It is expected that personnel will work during storm days unless directed otherwise by the Superintendent. Those who are unable or unwilling to travel, may use personal, sick, or vacation time.
F. Discipline and Dismissal
Disciplinary actions and/or dismissal shall be enacted in a fair and reasonable manner for violation of work rules, failure to perform according to job description, or failure to comply with management’s expectations. Unit members shall be disciplined according to the progressive discipline standard as follows:
1. Verbal reprimand;
2. Written reprimand;
3. Suspension without pay; and
4. Dismissal.
This standard of progressive discipline shall not apply for offenses that are repeated, of a serious nature, or where an employee’s work record is unsatisfactory. In such cases, the higher levels of discipline may be applied at the discretion of the Superintendent, whose decision is final.
G. Paid Holidays
Employees are salaried and paid for the year. The following holidays will be observed without any deduction in salary:
New Year’s Day Labor Day
Martin Luther King Day Columbus Day
President’s Day Thanksgiving Day
Patriot’s Day Day after Thanksgiving
Memorial Day Veteran’s Day
Independence Day Christmas Day
Day after Christmas (when Christmas falls on Monday-Thursday)
H. Vacations - Eligible employees must be employed to work 260 days per year
1st year one week
After 1 year two weeks
After 5 years three weeks
After 8 years four weeks
After 20 years five weeks
After 8 years, up to 5 days can be carried over to the next fiscal year
I. Longevity
After 10 years of service $375
After 15 years of service $425
After 20 years of service $475
Longevity to be paid in a lump sum the first payroll in December.
J. Dental Insurance
The District will provide 100% of single subscriber for Plan II.
K. Health Insurance
The Board agrees to pay up to the following amounts toward the District’s health insurance plan:
HMO Single – 100%
HMO Parent/Child – 70%
HMO Husband/Wife – 70%
HMO Full Family – 70%
Notwithstanding the above, the following exceptions shall apply:
1. The District will pay 100% of husband/wife or full family for any currently married couple working full time within the District.
2. The spouse of an employee shall be eligible for coverage by the District only if the spouse is not eligible for health insurance coverage through his/her own employer.
3. Employees shall be entitled to set aside pre-tax dollars in medical and dependent care reimbursement accounts to cover anticipated expenses, in accordance with the appropriate IRS codes under Section 125. The maximum yearly employee contribution to the medical accounts shall be $1,500, and $5,000 to the dependent account, although the amount may be changed by mutual agreement of the Board and the Employees. The Board shall be responsible for paying only the first year set up fee, any employee presentation fess, and annual renewal fees for medical and dependent care reimbursement accounts. All other administrative fees shall be paid by the participants.
Note: The implementation of the Medical and Dependent Care Reimbursement Plan is contingent upon at least 10% of the employees covered by this Agreement signing up for said Plan on a yearly basis.
L. Retirement Benefit
Upon proof of receipt of retirement (benefits from Social Security or Maine State Retirement System), with twenty years of continuous service with the District, the Board will pay $75 a day for 1/2 accumulated sick leave up to the maximum of 30 days.
M. Personal Development
At the time of approval, the District will pay the total cost, up to the University of Maine Orono rates, for up to six credits, and related fees and materials (not to exceed $50 per course) annually upon completion of the course and presentation of earned grade to the Superintendent for graduate credit hours earned in a matriculating degree program related to the position.
For credits earned outside of a matriculating graduate degree program, the District will pre-pay the actual cost up to the UMO rates for up to three credits, including credit hours and CEU credits, annually, upon completion of the course and presentation of earned grade to the Superintendent.
All courses shall be pre-approved by the Superintendent and must fulfill requirements for reimbursement (e.g., accredited college or university) related to his/her present position or in a matriculated degree program. There is no carryover of credits from year to year. Payment shall be made for completion of credits of less than three (3) credit hours, such as two (2) credit hours or 1.5 CEU credits, upon proof of credit but not exceeding the UMO rate.
N. Physicals
The District will pay for physicals required by the District. The employee will take the physical at a vendor chosen by the District.
O. Salary Increases
Salary increases will be the same as those negotiated on the base step for the Educational Technician and Administrative Assistant Association’s contract.
Adopted: May 6, 1993
Revised: 6/96; 5/00; 6/00; 6/01; 6/02; 6/03; 6/04; 2/2/06; 2/01/2007; 1/3/2008
1/8/2009; 4/1/2010; 6/2/2011, 9/6/2012
File: HA
NEGOTIATIONS GOALS/PRIORITY OBJECTIVES
The MSAD #11 Board shall negotiate with its employee bargaining units in accordance with the Municipal Public Employees Labor Relations Law.
Legal Reference: 26 M.R.S.A. § 961 et. seq.
Adopted: February 1, 2007
Choose a policy from the list below.
IA-Instructional Goals And Learning Objectives
The MSAD #11 Board envisions MSAD #11 graduates as individuals who will take pride in their work, adapt positively to change and demonstrate sound judgment. They take an interest in civic affairs, respect the interdependence of humankind, and acknowledge the importance of a healthy global environment.
MSAD #11 graduates demonstrate a proficiency in a common core of knowledge. As comprehensive thinkers, they approach learning eagerly and solve problems using a variety of acquired skills. They are able to communicate effectively as speakers and writers.
Our graduates also seek a balance in their personal, professional, and intellectual lives. They are lifelong learners who can apply essential knowledge in an ever-changing world.
To achieve its vision of an educated person, the Board hereby adopts as its instructional goals and objectives the Guiding Principles of Maine’s system of Learning Results.
A. A clear and effective communicator who:
1. Demonstrates organized and purposeful communication
in English and at least one other language;
2. Uses evidence and logic appropriately in communication;
3. Adjusts communication based on the audience; and
4. Uses a variety of modes of expression (spoken, written,
and visual and performing including the use of technology
to create and share the expressions.
B. A self-directed and lifelong learner who:
1. Recognizes the need for information and locates
and evaluates resources;
2. Applies knowledge to set goals and make informed
decisions;
3. Applies knowledge in new contexts;
4. Demonstrates initiative and independence;
5. Demonstrates flexibility including the ability to learn,
unlearn, and relearn;
6. Demonstrates reliability and concern for quality; and
7. Uses interpersonal skills to learn and work with
Individuals from diverse backgrounds.
C. A creative and practical problem solver who:
1. Observes and evaluates situations to define problems;
2. Frames questions, makes predictions, and designs
data/information collection and analysis strategies;
3. Identifies patterns, trends, and relationships that apply
to solutions
4. Generates a variety of solutions, builds a case for a best
response and critically evaluates the effectiveness of the
reponses;
5. Sees opportunities, finds resources, and seeks results;
6. Uses information and technology to solve problems; and
7. Perseveres in challenging situations.
D. A responsible and involved citizen who:
1. Participates positively in the community and designs
creative solutions to meet human needs and wants;
2. Accepts responsibility for personal decisions and actions;
3. Demonstrates ethical behavior and the moral courage to
sustain it;
4. Understands and respects diversity;
5. Displays global awareness and economic and civic literacy;
and
6. Demonstrates awareness of personal and community health
and wellness.
E. An integrative and informed thinker who:
1. Gains and applies knowledge across disciplines and learning
contexts and to real life situations with and without
technology;
2. Evaluates and synthesizes information from multiple sources;
3. Applies ideas across disciplines; and
4. Applies systems thinking to understand the interaction and
influence of related parts of each other and on outcomes.
Legal Reference: 20-A MRSA § 6208-6209
Cross Reference: AD - Educational Philosophy/Mission
ADAA - School System Commitment to Ethical and
Responsible Behavior
ADF - School District Commitment to Learning
Results
Adopted: May 3, 2012
File: IC
SCHOOL CALENDAR
The MSAD #11 Board will annually adopt a school calendar. As required by law, the school year shall consist of at least 180 days a year. At least 175 days shall be used for instruction. In meeting the requirement of a 180-day school year, no more than five days may be used for in-service education of teachers, administrative meetings, parent-teacher conferences, records’ days, and similar activities.
The MSAD #11 Board will approve the school calendar for the ensuing school year prior to April 1 of the current school year. The Superintendent will be responsible for publicizing the school calendar through the local newspaper and the District’s website.
Legal Reference: 20-A MRSA § 4801-4805
Adopted: Prior to 1985
Revised: August 7, 1986, February 3, 1994; May 3, 2007
File: ID
SCHOOL DAY
The MSAD #11 Board believes that direct contact between teachers and students is essential to student learning and achievement. It is the MSAD #11 Board’s intent to provide for each level in the student body maximum instructional time within the instructional day.
For the purpose of this policy, “instructional day” means a school day during which both students and teachers are present, either in a school or in another setting, and “instructional time” is the portion of the school day that is devoted to the teaching-learning process. Instructional time is not considered to include homeroom periods, opening exercises, recess, lunchtime, passing times, extracurricular activities, and the like.
The number of school days shall meet or exceed the State requirement and be set annually by the MSAD #11 Board and included in the school calendar. Abbreviated days to be included for in-service, conferences, etc., shall be kept to a minimum.
A. High School Level
The instructional day shall consist of 4 teaching periods, each 80 minutes in length. Double or continuous laboratory periods, block scheduling, and the like, may be approved by the Superintendent. Appropriately-conducted study halls, individually scheduled for the needs of the students, shall be recognized as within the instructional day. The school year shall include at least 963 instructional hours.
B. Middle School Level
The instructional day shall consist of 6 hours and 0 minutes, appropriately divided and scheduled according to the school unit’s middle school philosophy. The school year shall include at least 1030 instructional hours.
C. Elementary School Level
The instructional day for grades one and higher shall consist of 6 hours and 30 minutes. The school year shall include at least 1138 instructional hours.
D. Kindergarten
Instructional time for kindergarten shall be _____per session for _____ days.
Legal Reference: 20-A MRSA § 4801
Ch. 125 § 6.01 (Me. Dept. of Ed. Rule)
Adopted: Prior to 1985
Revised: August 7, 1986; February 3, 1994; May 3, 2007
IGA-Curriculum Development And Adoptions
For the purpose of this policy “curriculum” means MSAD #11’s written document that sets forth the learning expectations for all students for all content areas of Maine’s system of Learning Results, as well as for other content areas as specified by the Board. The curriculum shall reflect continuous, sequential and specific instruction aligned with the content areas of the Learning Results.
The Board recognizes that curriculum development, review and evaluation is an ongoing process and that programs and practices may need to be adjusted or revised to meet educational standards and to serve the best interests of students and the community.
Therefore:
A. The Board expects the administration and staff to
be sensitive to changing conditions that may require
modifications in curriculum.
B. The Board expects all programs to be subject to
ongoing review and evaluation to ensure that they meet
the instructional needs of students.
C. The Board expects the school system to undertake
curriculum revision as needed.
D. The Superintendent is expected to lead the ongoing
the ongoing curriculum development and review process,
and in aligning curriculum with educational standards
and with advances in knowledge, educational research
and "best practices".
E. The Board expects that curriculum development and
revision will be achieved with appropriate involvement
of administrators, instructional and support staff,
students, parents, community and the Board.
F. The Board shall review and adopt all curriculum
guides, course descriptions and courses of study prior
to their implementation.
The Superintendent is expected to develop plans and timelines as necessary for the development, implementation and evaluation of the curriculum and to provide the Board with an annual report on the status of the curriculum.
The Superintendent is expected to make recommendations concerning professional development, instructional materials and resources needed for curriculum implementation, consistent with Board policy.
Legal Reference: 20-A M.R.S.A. § 1001(6), 6209
Ch. 127 § 5-7 (Me. Dept. of Ed. Rules)
Cross Reference: IHA – Basic Instructional Program
IL – Evaluation of Instructional Programs
Adopted: May 3, 2012
IHA-Basic Instructional Program
MSAD #11 will offer a basic instructional program designed to support the Guiding Principles of Maine’s system of Learning Results and provide all kindergarten through grade 12 students with equitable opportunities to access and demonstrate achievement of the content standards of Maine’s system of Learning Results.
The District will provide programs and instructional approaches that support the variety of learning styles of its students. Through the basic instructional program, the schools will strive to provide for a wide range of individual differences in student abilities and interests. Students who have difficulty meeting the standards will be provided opportunities to obtain additional support or instruction.
The MSAD #11 Board believes that through the basic instructional program, students should develop a body of basic knowledge, skills, and attitudes that will lead to a successful adult life and informed participation in our democratic society. The educational program should provide students with the opportunity to develop the intellectual curiosity, critical thinking, problem-solving abilities, and appreciation for the arts that are important to lifelong learning, and the social and citizenship skills that are needed for work and community life.
The instructional program shall be developed with the objective of maintaining a balanced, integrated, and sequentially articulated curriculum. Priority should be given to learning that serves as a foundation for further educational development in language arts, mathematics, science, social studies, the arts, foreign language, health and physical education and career education.
The basic instructional program shall meet requirements established by Maine law and Department of Education regulations. The instructional program shall be implemented through a written curriculum aligned with the system of Learning Results and designed to provide uniformity of content within and across grade levels.
Legal Reference: 20-A M.R.S.A. § 1001(6), 6209
Ch. 125 & 127 (Me. Dept. of Ed. Rule)
Cross Reference: AD - Educational Philosophy/Mission
ADF - School District Commitment to Learning Results
IGA - Curriculum Development and Adoption
IL - Evaluation of Instructional Programs
ILA – Student Assessment/Local Assessment System
Adopted: May 3, 2012
File: IHBA
INDIVIDUALIZED EDUCATION PROGRAMS (IEPs)
It shall be the policy of the school district to maintain a complete individualized education program (IEP) for each student who has been identified with a disability and in need of special education services under state and federal special education laws, and who is in attendance in the MSAD #11 public schools. The school district shall develop these IEPs in a manner consistent with the procedural requirements of state and federal special education laws.
Student IEPs shall be reasonably calculated to provide the identified student with educational benefits in the least restrictive educational environment. The school district shall ensure that such IEPs are in effect within 30 days of when a student is first identified as in need of special education services and that such IEPs are reviewed at least annually, as prescribed by state and federal special education laws.
Legal Reference: 20 USC §§ 1414(d)
34 CFR § 300.340-.350 (Mar. 1999)
Ch. 101 §§ 1.4, 10.1-10.5 (Nov. 1999) (Me. Dept. of Ed. Rules)
Adopted: February 3, 1994
Revised: November 4, 2004; May 3, 2007
File: IHBAA-R
Referral/Pre-Referral Procedures
MSAD #11 shall refer to the IEP Team all school-age students suspected of having a disability that requires special education and related services. Referrals to the IEP Team may be made by a child’s parent, by professional school staff, or by others with knowledge of the child. Referrals should be made and processed consistent with these procedures.
Referrals by parents. A parent may refer his or her child to the IEP Team at any time. That referral shall be made in writing directly to the office of the Director of Special Education. Should the parent seek to make a referral through other processional staff (such as teachers, guidance counselors, or administrators), that professional staff member shall directly assist the Family in making the referral in writing to the office of the Director of Special Education Should a parent attempt to make a referral orally, professional staff shall assist the parent in reducing that referral to writing and submitting it to the office of the Director of Special Education.
A parent referral shall be processed consistent with these procedures and governing timelines even if the child is receiving interventions pursuant to MSAD #11’s pre-referral procedures (discussed below). Those pre-referral procedures shall continue during the referral process, however.
Referrals by staff. Any professional employee of MSAD #11 may refer a child to the IEP Team regardless of the results of initial child find activities, but only after completion of any pre-referral intervention process used by MSAD #11. MSAD #11 may move directly forward with the referral process in those circumstances where MSAD/#11 and the parent agree to do so. Even in that situation, however, pre-referral interventions will continue during the referral process.
Professional school staff shall prepare a referral in writing and shall submit that referral directly to the office of the Director of Special Education.
Referrals by others. Individuals or agency representatives (including representatives of the Department of Health and Human Services) with knowledge of the child may refer that child to the IEP Team regardless of the results of initial child find activities, but only after completion of any pre-referral intervention process used by MSAD #11. MSAD #11 may move directly forward with the referral process in those circumstances where MSAD #11 and parent agree to do so. Even in that situation, however, pre-referral interventions will continue during the referral process.
Should such a person attempt to make a referral orally, professional staff shall assist that person in reducing that referral to writing and submitting it to the office of the Director of Special Education.
Receipt of Referral. Regardless of the source of the referral, a referral is received by MSAD #11 on the date the written referral is received by the office of the Director of Special Education. It shall be signed and dated by the Special Education Director or designee, thereby indicating the date of the receipt of the referral.
Time Line for Processing Referral. Once the referral has been received in the office of the Director of Special Education, the IEP Team shall review existing evaluation data and determine the need for additional evaluations. The IEP Team may conduct its review without a meeting. If additional evaluations are needed, MSAD #11 must send a consent to evaluate form to the parent within 15 school days of receipt of the referral. Also upon receipt of the referral (form any source), MSAD #11 shall send the parent its Written Notice form documenting that referral.
Once the office of the Director of Special Education receives the signed consent for evaluation back from the parent, MSAD #11 shall have 45 school days to complete the evaluation and to hold an IEP Team meeting to determine whether the student qualifies for special education services. If the student is identified as a child with a disability in need of special education, the Team should develop an IEP for that child either at that same meeting, or within 30 calendar days of determining that the student is eligible.
MSAD #11 shall implement the IEP as soon as possible following the IEP Team meeting when the child is found eligible, but no later than 30 calendar days after that meeting.
Transfer Students. Students who have already been identified as in need of special education services and who transfer into MSAD #11 from another school unit within Maine shall on enrollment and in consultation with the parent be provided with FAPE (including services comparable to those described in the child’s IEP from the previous school unit) until MSAD #11 either adopts the child’s IEP from the previous unit or develops, adopts and implements a new IEP.
Students who have already been identified as in need of special services and who transfer into MSAD #11 from another school unit from outside of Maine shall on enrollment and in consultation with the parent be provided with FAPE (including services comparable to those described in the child’s IEP from the previous school unit) until MSAD #11 conducts an evaluation (if determined to be necessary by MSAD #11 to determine whether the student is eligible for special education, and if so, develops,, adopts and implements a new IEP.
If the transfer student’s current IEP from his or her prior school unit is not available, or is believed to be inappropriate by either the parent of the school, MSAD #11 should develop a new IEP through appropriate procedures within a short time after the student enrolls at the school.
If a child transfers into MSAD #11 after the referral time line has begun in the previous school unit but before an eligibility determination has been made, the time line referenced above for completing that process shall not apply if MSAD #11 is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and MSAD #11 agree to a specific time when the evaluation will be completed and the eligibility decision made.
Pre-Referral Procedures
Professional school staff members who observe that a student is encountering academic or functional difficulties in school that interfere with the student’s education shall document those specific difficulties on a Pre-Referral Checklist.
The school staff member shall then develop intervention strategies using the intervention checklist that accompanies the pre-referral checklist. The staff member may consult with other school employees and/or the student’s parents in developing the intervention strategy. The intervention strategies shall have an established time period for implementation, and at the end of that time its success shall be assessed and documented at the bottom of the intervention documentation. If the intervention strategies have not been effective, or if the interventions are demonstrated to be effective but require continued and substantial effort that may include the provision of special education and related services, the staff member should refer the child to the IEP consistent with the procedures set forth above.
MSAD #11 shall notify parents whenever their child has demonstrated educational difficulties that have led to completion by a staff member and/or team of the pre-referral documentation and intervention strategy checklist. That notification of pre-referral interventions should include copies of the completed documentation and shall request that the parents contact the staff member and/or team who completed the documents. That notification shall also inform parents that they have a right to refer their child directly to the IEP Team if they suspect their child may need special education services. MSAD #11 may advise the parents as to why it may be appropriate to have the child participate in the intervention strategies prior to a referral to the IEP team, but MSAD #11 shall not reject or delay the referral until the completion of the intervention strategies.
All notes from the pre-referral process, and if relevant, team meetings, and all the data collection procedures that may have been developed through this process shall be considered by the IEP Team and shall become part of the child’s special education file. For children who do not qualify for special education services, all pre-referral documents are kept in the child’s cumulative folder for future reference and for ongoing educational planning.
The general education interventions developed through this pre-referral process shall continue in the event of a referral while the referral is being handled by the IEP Team, and the resulting data shall become part of the child’s special education file.
Legal Reference: 20 USC § 1400©(5)(F)
34 CFR §§ 300 App. A., Q. 17 (Mar. 1999)
Me. Dept. of Educ. Reg. Ch. 101 §§ II(23), III, IV(2)(D), (E), V(4)(A)
(May, 2010)
Adopted: May 3, 2007
Revised: December 2, 2010
File: IHBAA
REFERRAL/PRE-REFERRAL OF STUDENTS WITH DISABILITIES
It shall be the policy of MSAD #11 to refer all school-age students suspected of having a disability that requires special education to the IEP for an evaluation in the suspected areas of disability. Referrals of students to the IEP may be made by professional school staff, by parents at any time, and by other persons knowledgeable about the child’s educational needs. Any such referral should be made in accordance with procedures that may be approved by the Superintendent of Schools.
Regardless of the source of the referral, a referral will be considered received by MSAD #11 on the date that the written referral is received by the office of the Director of Special Education. It shall be signed and dated by the Special Education Director or designee, thereby indicating the date of the receipt of that referral.
The Superintendent of Schools, in consultation with the Director of Special Education, may develop procedures for referral and the use of pre-referral interventions within the MSAD #11, and may, from time to time, amend those procedures as necessary.
Legal Reference: 20 USC § 1400(c)(5)(F)
34 CFR Part 300, App. A., Q. 17 (Mar. 1999)
Ch. 101 §§ 7.7, 9.8, 9.17 (Nov. 1999) (Me. Dept. of Ed. Rules)
Me. Dep’t of Educ. Reg. ch. 101 §§ II923), III, IV(2)(D), (E),
V(4)(A) (May 2010).
Adopted: December 6, 1990
Revised: April 7, 1994; November 4, 2004; May 3, 2007; December 2, 2010
File: IHBAC
RSU #11 Child Find Policy
RSU #11 seeks to ensure that all children within its jurisdiction are identified, located and evaluated who are school-age 5 through the school year in which they turn 20 and who are in need of special education and supportive assistance – including homeless children, state wards, state agency clients, students who have been suspended or expelled, children attending private schools receiving home instruction, children incarcerated in county jails, children who have the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year, highly mobile children (including migrant or homeless), and children who are suspected of being disabled and in need of special education and supportive assistance even though they are advancing from grade to grade.
The school unit’s child find responsibility shall be accomplished through a unit wide process which, while not a definitive or final judgment of a student’s capabilities or disability, is a possible indicator of special education needs. Final identification of students with disabilities and programming for such students occurs only after an appropriate evaluation and a determination by the IEP team.
This child find process shall include obtaining data on each child through multiple measures, direct assessment, and parent information regarding the child’s academic and functional performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing and cognitive skills. RSU #11 may schedule child find activities during its annual kindergarten enrollment to assist in planning for necessary special education and related service at the start of the school year. If screening occurs in the spring prior to school entry, RSU #11 will refer the child to the regional CDS site within 10 school days.
If the child find process indicates that a student may require special education and supportive services in order to benefit from regular education, the student shall be referred to the IEP Team to determine the student’s eligibility for special education services.
School staff, parents, or agency representatives or other individuals with knowledge of the child may refer children to the IEP team if they believe that the student, because of a disability, may be in need of special education and supportive services in order to benefit from regular education. Such a referral should follow the school unit’s pre-referral and referral policy.
References: 34 CFR § 300.125 (1999)
Ch. 101 §§ 7.1-7.10 (1999) (Me. Dept. of Ed. Rules)
34 C.F.R. §300.111 (2006); ME. Dept. of Education Reg. ch. 101, IV(2) (2008)
Adopted: April 7, 1994
Revised: November 4, 2004; May 3, 2007; December 3, 2009
File: IHBAG
PROGRAMMING IN THE LEAST RESTRICTIVE ENVIRONMENT
The school district shall provide program for students with disabilities in the least restrictive educational environment that can appropriately address the student’s needs. Toward that end, the school district shall ensure that, to the maximum extent appropriate, students with disabilities are educated with students who are not disabled, and that special education, separate schooling or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
Determinations regarding programming in the least restrictive environment shall be made by the student’s Pupil Evaluation Team (PET) and shall draw upon a multidisciplinary assessment of the student’s needs. The school district shall make available, as appropriate, the full continuum of educational placements when making placement determinations.
The Superintendent, in consultation with the Director of Special Education, may develop and promulgate procedures for implementing this policy and may, from time to time, amend those procedures as necessary.
Legal Reference: 20 USC § 1412(a)(5)
34 CFR §§ 300.550-.552
Ch. 101 §§ 11.1-11.3 (Nov. 1999) (Me. Dept. of Ed. Rules)
Adopted: May 3, 2007
Revised: August 4, 2011
File: IHBAG-R
PROGRAMMING IN THE LEAST RESTRICTIVE ENVIRONMENT ADMINISTRATIVE PROCEDURE
Determinations regarding least restrictive programming may be made by the student’s Pupil Evaluation Team (PET) in the following manner:
A. The PET should first assess whether education in the regular classroom, with the use of supplementary aids and services, can be achieved satisfactorily. In making that determination, the PET should assess each of the following factors:
1. What supplementary aids and services may assist the student in obtaining a satisfactory education in the regular classroom.
Supplementary aids and services may include, but are not limited to, resource room services, itinerant services, assistive technology services, modifications of curriculum, use of teacher aides, and consultation services from special educators.
When assessing supplementary aids and services, the PET need not order placement in the regular classroom if it would require modification of the regular curriculum beyond recognition or would result in the student not having to learn any of the skills normally taught in that regular education curriculum.
2. A comparison of the benefits the student would receive in the regular education classroom with those that the student would receive in a more restrictive setting, such as a self-contained program.
The assessment of benefits should consider both academic and social benefits of participation in the placement at issue. The PET should also assess academic and social detriments for the student that may arise from the placement at issue.
In some circumstances, large social benefits of regular education may outweigh small academic benefits, just as large academic benefits of a more restrictive setting may outweigh small social benefits of a regular education placement.
3. What effect would placement of the student in the regular classroom have on other students in the classroom?
The PET need not place a student in the regular classroom when the student’s behavior, even with supplementary aids and services, would be so disruptive that the education of other students is significantly impaired. Nor would the PET need to place the student in the regular classroom when the student would require so much of the teacher or the aide’s time that the rest of the class suffers.
4. What the financial cost would be of the supplementary aides and services accompanying an appropriate placement in the regular classroom.
Placement in the regular classroom may not be rejected under this factor simply because it would be incrementally more expensive than placement in a more restrictive setting. Yet the school district need not educate a student in the regular classroom if the cost of such a placement would significantly impact upon the education of other students. In most circumstances, the school district need not place a student in the regular classroom if such placement requires that the student have his/her own full-time teacher.
B. If the PET determines after assessing the above factors that the student is unable to be educated satisfactorily in the regular classroom with supplementary aids and services, the PET shall then determine the maximum extent of mainstreaming that the student may appropriately receive.
In making this determination, the PET shall consider the full continuum of alternative placements—such as placing the student in regular education for some academic classes and in special education for others, mainstreaming the student for nonacademic classes only, or providing interaction with non-disabled students during lunch and recess.
In making placement determinations, the PET shall attempt to give preference to placements in the student’s neighborhood school district. When the special services needed by the student are sufficiently specialized or expensive that they are provided by the school district only in a school building other than the student’s neighborhood school, the PET may place that student in the school where the specialized services exist, rather than replicate those services in the neighborhood school. This determination should not impact, in most circumstances, on the PET’s determination regarding the extent to which the student is able to participate in regular education.
Placements in residential programs shall be made only when the PET determines that the student is not otherwise able to receive some educational benefit from a day program.
Legal Reference: 20 USC § 1412(a)(5)
34 CFR §§ 300.550-.552
Ch. 101 §§ 11.1-11.3 (Nov. 1999) (Me. Dept. of Ed. Rules)
Adopted: May 3, 2007
Revised: August 4, 2011
File: IHBAI
INDEPENDENT EDUCATIONAL EVALUATIONS
A parent of a student with disabilities has a right to obtain an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local school district. An “independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by the local school district.
If a parent requests an independent educational evaluation at public expense to challenge an evaluation obtained by the local school district, the school must provide a written response to that request within a reasonable period, not to exceed 30 days of the receipt of the request, and shall, without unnecessary delay, either (1) initiate a hearing with the Maine Department of Education to show that its evaluation is appropriate, or (2) ensure that an independent educational evaluation is provided at public expense, unless the local school district demonstrates in a hearing with the Maine Department of Education that the evaluation obtained by the parent did not meet agency criteria.
If a parent requests an independent educational evaluation at public expense, the public agency may ask for the parent’s reason why he/she objects to the local school district’s evaluation. However, the explanation by the parent may not be required, and the local school district may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the local school district’s evaluation.
If the independent evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the local school district uses when it initiates an evaluation.
The local school district shall provide to the parent, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and information about the school’s criteria applicable to independent educational evaluations at public expense.
If the parent obtains an independent educational evaluation at private expense, the results of the evaluation must be considered by the local school district, if that evaluation meets the local school district criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education for the child.
If the parent requests an independent evaluation at public expense when the parent does not disagree with an evaluation provided by the local school district, or when the school has not recently provided an evaluation in the area requested, the parent request shall be referred without unnecessary delay to the PET to determine whether the PET should order an evaluation in the area requested.
Legal Reference: 34 CFR § 300.502 (March 1999)
Ch. 101 §§ 9.19, 12.5 (Nov. 1999) (Me. Dept. of Ed. Rules)
Adopted: May 3, 2007
File: IHBAJ-E
PROGRESS REPORT FORM
Date: ________________________ High School: ___________________________
Student’s Town Responsible
Name: _______________________ for Student: ____________________________
Address: _____________________ Send to Attention of:
_____________________ ______________________________________
Fill Out Relevant Portion
A. January Progress _____ June Progress _____
____ No concerns at this point
____ The following concerns (academic/special) exist:
____________________________________________________________
____________________________________________________________
____________________________________________________________
Please attach a copy of this semester’s rank card.
B. Concerns with the student:
____ Transferred to another high school. Date: ________________
____ Moved to another town. Date: ________________
____ Has been absent for more than 10 school days. Dates of absence:
_______________________________________________________
____ Has been removed for disciplinary reasons. Date: ______________
____ Referred to an alternative program.
____ Referred to Student Assistance Team.
____ Has been referred by staff or parent/guardian for consideration as a
possible special needs student.
____ Other
Summary of action to be taken in response to concerns:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Adopted: May 3, 2007
IK-Student Achievement/Evaluation of Student Achievement
Effective evaluation of student achievement is essential to the instructional process, the certification of student progress towards meeting the content standards of the system of Learning Results, the tracking of progress toward individual and District learning goals, and communication between schools and parents. The evaluation of student learning and achievement is based on the recognition that students have different abilities, learning styles, cultural backgrounds, and developmental rates and levels. Evaluation of student achievement provides staff with information important to assessing students’ individual educational needs, providing appropriate instruction, and identifying learning problems and areas in which remediation is required. Sharing of information among parents, staff and students is an integral part of the evaluation process.
Consistent with the Local Assessment System, MSAD #11 will use multiple assessments, both informal and formal, at the classroom, school, and District levels to evaluate each student’s performance and to monitor his/her progress toward meeting the content standards of the Learning Results. Assessments over the course of each school year shall include formats that allow students to demonstrate in different ways what they know and are able to do. Students should have multiple opportunities to practice, apply, and demonstrate their knowledge and skills.
Individual classroom assessments may include but are not limited to student tests, quizzes, reports, presentations, laboratory work, writing samples, teacher observations, portfolio constructions, and student self-assessments.
School and District assessments will include “common assessments” designed to provide consistent evaluation and reporting of student knowledge and skills in the same content areas across same-grade classrooms within the school and same-grade classrooms and grade spans within the District.
Large-scale assessments will include the New England Common Assessment Program (NECAP); assessments required for the purpose of determining Adequate Yearly Progress (AYP) under the No Child Left Behind Act and may include other nationally normed standardized achievement tests such as the Northwest Evaluation Association’s Measures of academic Progress test.
A. Replacement Assessments
To ensure that each student has an ample opportunity to demonstrate achievement of the content standards of the Learning Results, the MSAD #11 Board supports the concept of “replacement” assessments. Replacement is the means by which a student is provided with another opportunity to demonstrate an acceptable level of proficiency in a content area at a grade span through another, additional assessment.
B. Remediation/Additional Instruction
Students should receive additional instruction or participate in remedial intervention opportunities before taking a replacement assessment. The Superintendent/designee will be responsible for establishing a system for remediation and/or additional instruction and for administration of replacement assessments. As practicable, this system may include in-class support, tutoring, before and/or after-school learning programs, summer school, another course, computer-assisted learning, and other methods of instruction and review.
C. Communicating Information Concerning Student Achievement
Teachers should provide students and parents with timely information concerning student performance and, if applicable, the need for the student to participate in remediation and/or additional instruction and replacement assessments. Parents are encouraged to confer with their child’s teacher when performance as measured by classroom assessments, common assessment, or standardized tests indicates a need for remediation or additional instruction. The conference should include discussion of the student’s level of achievement, specific indications of the need for remediation, additional instruction and replacement assessments, and the schedule for the next set of content standard assessments. Parents shall be informed at regular intervals of their child’s academic progress through report cards or other written means.
D. Assessment Accommodations and Alternate Assessments
Assessment accommodations and alternate assessments will be provided for identified students in accordance with their Individual Education Plan (IEP), 504 Plan, or Limited English Proficiency Plan.
Legal Reference: 20-A M.R.S.A. § 6209
Ch. 127 (Me. Dept. of Ed. Rule)
Cross Reference: ADF – School System Commitment to Learning
Results
IKAB – Report Cards/Progress Reports
IKE – Promotion and Retention of Students
IKF – Graduation Requirements
ILA – Student Assessment/Local Assessment
System
Maine Department of Education LAS (Local
Assessment System) Guide, March 2004
Adopted: May 3, 2012
IKAB-Report Cards/Progress Reports
The Superintendent will be responsible for ensuring the development of a system for communicating information regarding student achievement and academic progress to students and parents. This system shall be approved by the MSAD #11 Board. Within this system, grades, proficiency levels, performance notations, narratives, and other forms of reporting should be understandable to parents and should indicate how the student is progressing relative to achievement of the content standards of the Learning Results as well as performance in specific courses or content areas.
As a component of the system, a report card will be issued for each student at regular intervals to be reviewed and signed by the student’s parent/guardian.
Interim progress reports indicating deficiency, need for remedial intervention improvement in performance may be issued at any time.
The principal will provide written notification to students and parents if the student may not qualify for a high school diploma because he/she has not met the required standards.
Cross Reference: IK – Student Achievement/Evaluation of Student Achievement
IKE – Promotion, Retention and Acceleration
ILA – Student Assessment/Local Assessment
System
Adopted May 3, 2012
SAMPLE File IKFA-E
Request for Early Graduation
I,_______________________________________________do here by request that my
Son/daughter,_________________________________________ be allowed to complete
His/her graduation requirements by _________________________________________.
We feel that this is important for the following reason(s).
Completion of the following plan is necessary in order to complete these requirements:
Those students who complete their graduation requirements early will be encouraged to take part in all graduation activities during the spring.
Date of request:_______________________________________________________________
SIGNATURE
Parent(s)/Guardian(s):_________________________________________________________
Student:____________________________________________________________________
Guidance Counselor:__________________________________________________________
Principal:___________________________________________________________________
Decision:
Adopted: November 4, 2010
File: IHBAJ
SPECIAL EDUCATION STUDENT OVERSIGHT AGREEMENT
[Sending school district] and [receiving school district] hereby agree to the terms set forth below for monitoring students from [sending school district] who are attending [receiving school district] as tuition students and who have been identified as in need of special education or in need of referral to special education.
A. General Oversight for All Students
Each high school student from [sending school district] will have a report form (Progress Report Form) and grades sent from the receiving high school to the sending school district twice a year to monitor the student’s progress and to keep an accurate account on transfers and dropouts. The sending school district shall designate a person to receive those reports.
The sending school district shall be responsible for contacting each high school guidance department to acquaint them with the Progress Report Form and to instruct them on its use.
In addition, if there is a problem with the student that requires administrative intervention beyond the level of the student’s teacher, the Progress Report Form will be filled out by the designated person documenting the problem. That form will be immediately forwarded to the designated individual at the sending school district. The receiving school district shall also place a phone call to the designated person from the sending school district to ensure that the sending unit is aware of the issue.
Any action taken by the sending district shall be documented on the Progress Report Form.
B. Oversight of Students Referred to PET for Evaluation
1. a. When a student is referred to a Pupil Evaluation Team (PET) or for evaluation, the Director of Special Services of the receiving district will notify the Director of Special Services from the sending school district (or other designated official) by means of the Progress Report Form within five days of the referral.
b. The sending school district will enter the referral into the log to monitor timelines and procedures as they would K-8 referrals.
2. a. The sending school district shall schedule the PET meeting at a mutually convenient time for all parties and notify the receiving school district and the parents as described in Special Education. Reg. § 8.5
b. Parents will be informed by the sending school district of their procedural safeguards in accordance with Maine Special Education Regulations and will receive notification of meetings scheduled to discuss their child’s school program. Any questions regarding the special education process should be directed to the Director of Special Education in the sending school district (or other designated official).
c. The Special Education Director from the sending school district (or other designated official) will chair the PET meetings held to review evaluations and to make determinations on identification, programming and placement.
C. Oversight of Students Identified as in Need of Special Education
1. a. For those students enrolled in special education, their progress will be reviewed at annual PET meetings, through the general oversight arrangements noted above, and through PET meetings. Either the sending or receiving school district may initiate a PET meeting, although the sending school district shall initiate the annual PET to review and revise the Individual Education Plan (IEP). Whichever school district initiates the PET meeting shall be responsible for scheduling the meeting at a mutually convenient time and for ensuring that notification requirements are met.
b. Parents will be informed of their procedural safeguards in accordance with the Maine Special Education Regulations and will receive notification of meetings scheduled to discuss their child’s school program. Questions regarding the student’s progress or level of need that are raised with the receiving school district should also be relayed to the Special Education Director of the sending school district (or other designated official).
c. Every three years, or more often if determined necessary by the sending school district or the student’s PET, the student will be re-evaluated, as specified in the Special Education Regulations, at the sending school district’s expense. The process of notification will be initiated by the sending school district.
Dated: ___________________
__________________________________ ______________________________
Sending School Unit Receiving School Unit
By: ______________________________ By: ___________________________
Adopted: May 3, 2007
File: IHBAK
LIFE-SUSTAINING EMERGENCY CARE
A primary concern of the school district shall be with the health and safety of its students. In emergency situations involving accident or illness, school employees should undertake reasonable efforts to provide first aid or life-sustaining emergency care to the extent of their knowledge and training, and/or to seek the assistance of school medical personnel or other staff members to obtain emergency assistance for the student.
For those students who may present an ongoing need for medical interventions at school, including a need for life-sustaining emergency care, school personnel shall convene a team meeting for the purpose of developing an individualized plan to address the student’s specialized health needs. The team should include persons at the school who are knowledgeable about the student, as well as the student’s parents and a school administrator. The team may consider requests from the parents that alternative forms of life-sustaining emergency care be used as part of that plan, but those requests must be substantiated by specific medical documentation from the student’s physician. The team shall not approve a parental request to deny all life-sustaining emergency care for a student, but may specify that only certain types of intervention are appropriate in a particular situation.
For the purpose of this policy, “life-sustaining emergency care” means any procedure or intervention applied by appropriately trained school staff that may prevent a student from dying who, without such a procedure or intervention, faces a risk of imminent death. Examples of life-sustaining emergency care include: efforts to stop bleeding, unblocking airways, mouth-to-mouth resuscitation, and cardiopulmonary resuscitation (“CPR”).
Legal Reference: 29 USC § 794(a)
Cross Reference: JLCE – First Aid and Emergency Medical Care
Adopted: February 2, 1995
Revised: May 3, 2007
File: IHBEA
PROGRAMS FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY
The MSAD #11 School Department shall provide appropriate programs for students with limited English proficiency to assist them in attaining English proficiency and meeting state and local academic achievement standards in compliance with applicable federal and state
requirements. The MSAD #11 School Department shall also provide for opportunities for parent involvement in their children's education as required by law.
The Superintendent is responsible for developing and implementing the school district's Lau plan and any necessary administrative procedures. The Superintendent may delegate specific responsibilities to building administrators or others as he/she deems appropriate.
Legal References: Title VI of the 1964 Civil Rights Act
20 U.S.C. §§ 6312; 6801-7014
20-A M.R.S.A. § 4701
Ch. 127 $ 3(Me. Dept. of Ed. Rule)
Adopted: AUGUST 5, 1993
Revised: JUNE 3, 2004; May 3, 2007
File: IHBEAA
LAU PLAN
A. Policy Statement
MSAD #11 is committed to providing appropriate placement, along with curricular, instructional and other related services, to ensure that language minority students with limited English proficiency (LEP) are able to participate effectively in the schools’ educational programs. To accomplish this, MSAD #11 will implement this Lau Plan, which details the procedural requirements and services to be provided to language minority students with limited English proficiency.
B. Responsibility for Lau Plan Implementation
The Superintendent shall appoint a Lau Plan Coordinator. The Lau Plan Coordinator has overall responsibility for implementation of the Lau Plan for MSAD #11, including providing support to Language Assessment Teams (LATs) [more information on LATs in Section C.1.d]; establishing reasonable timelines for the provision of student services; filing all necessary state and federal reports concerning LEP students; and performing periodic program reviews. The Lau Plan Coordinator shall report directly to the Superintendent.
C. Identification Process
Limited English proficiency (LEP) is not a disability covered by IDEA or Maine special education regulations. LEP students should not be placed in any special education program unless exceptionality is well-documented (including assessment of the student’s native language
skills) and appropriate procedures for special education services have been followed, independent of the LEP identification.
1. Screening
a. Home Language Surveys: Incoming Students
At kindergarten screening and whenever a student seeks to enroll in MSAD #11, the student’s parent shall be asked to complete a Home Language Survey.
b. Other Screening Methods
In addition to the Home Language Survey, the following methods may be used to identify students who may be in need of LEP services and support:
• Classroom teacher observations and referral;
• Parent referral;
• Student self-referral; and/or
• Review of previous education records.
c. Responsibility for Reviewing Surveys and Referrals
The Lau Plan Coordinator is responsible for reviewing Home Language Surveys and any referrals or requests for LEP programs and support. If the determination is made that a student should receive further assessment of the need for services, a Language Assessment Team shall be formed.
d. Language Assessment Team
When a student is determined to need further assessment, the Lau Plan Coordinator shall assemble a Language Assessment Team (LAT) for the student, to be comprised of building administrator; guidance counselor; English As A Second Language consultant; classroom teacher, etc. and the child’s parent(s).
If the student is identified as needing LEP services and support, the LAT has ongoing responsibility for determining appropriate services, monitoring and assessing the student’s progress, and complying with parent notification and involvement requirements.
The Lau Plan Coordinator shall designate the building administrator to be the Case Manager. The Case Manager is responsible for coordinating all LAT activities and ensuring that Lau Plan procedures are followed. The Case Manager may delegate specific responsibilities (such as taking minutes of LAT meetings and recordkeeping) to other members of the LAT, but he/she retains overall responsibility for the process. The Case Manager shall consult with the Lau Plan Coordinator as necessary.
2. Assessment of LEP Status
The LAT uses multi-criteria assessments to identify students in need of LEP services and support. Objective, standardized measures of English proficiency and achievement testing are used, as well as information from less formal assessments, as follows:
• IDEA Oral Language Proficiency Test;
• MEA, WIDA ACCESS
• Home Language Survey;
• Parent and/or student interviews;
• Teacher-developed devices (such as reading inventories, writing samples, etc.);
• Teacher observations and recommendations;
• Review of academic performance, student work and education records; and/or
• Other criteria appropriate to the particular child.
3. LEP Identification
The LAT will review the multi-criteria assessments to determine the student’s level of English language proficiency. Test cut score levels are used in conjunction with the other data collected to determine the students level of English language proficiency.
The following classifications are used:
NOTE: The following tiers correspond to the terminology used by WIDA to determine the tier in which a particular student is tested under ACCESS for ELLs.
• Tier A: Lowest level of English language proficiency
Criteria: Arrived in the U.S. or entered school in U.S. within this academic year without previous instruction in English; currently receives literacy instruction only in native language; tests at the lowest level of proficiency on school unit’s measure of English language proficiency.
• Tier B: Mid-levels of English language proficiency
Criteria: Has social language proficiency and some, but not extensive academic language proficiency in English; has acquired some literacy in English, though have not yet reached grade level literacy.
• Tier C: Highest level of English language proficiency
Criteria: Is approaching grade level in literacy and academic language proficiency in the core content areas; will likely meet the exit criteria for support services by the end of the academic year.
D. Placement and Programming
Once the student’s English proficiency is determined, the LAT will consider the following factors in determining appropriate placement and programming to support the student in
acquiring English language proficiency as well as to provide content area support to achieve Learning Results knowledge and skills:
• Chronological age and grade of the student;
• English language proficiency level;
• Previous educational experiences;
• Family history
Placement and programming decisions are made on a case-by-case basis for each student, and might include one or more of the following:
• ESL instruction provided within a mainstream classroom by an certified tutor or educational technician; under the supervision of an ESL teacher/consultant
• Scheduled instruction within an ESL teacher’s classroom in either a small
group or one-on-one instruction by an ESL teacher or educational technician;
• Classroom modifications appropriate for the student, directed by the LAT and provided by the mainstream classroom teacher.
E. Evaluation of Student Progress
The LAT will evaluate each LEP student’s progress and programming at least annually, in the spring (and more often if there are teacher, student and/or parent concerns that warrant a review). Each LEP student will participate in the WIDA ACCESS for ELLs test scheduled by the Maine
Department of Education. The student’s language acquisition will be reviewed in conjunction with teacher observations, student work and other relevant factors such as parent observations. The student’s teacher for next year will be included in the spring meeting of the LAT.
F. Reclassification and Exit from LEP Programs
A reclassification of an LEP student to another proficiency level or out of LEP programming may result from the annual spring evaluation, or at any other time when a member of the LAT requests that the student’s classification be reviewed. The decision to reclassify or exit a student from the program is made by the LAT on the basis of the multi-criteria assessments used to identify and place the student (see Sections C.2 and C.3).
G. Monitoring of Students Exiting LEP Programs
A student who has been fully mainstreamed will be monitored by building administrator for three years. If a student experiences language and/or academic difficulties, the student may be re-assessed in accordance with Lau Plan procedures to ascertain whether he/she is in need of more structured language support.
H. Program Evaluation
The Lau Plan Coordinator is responsible for monitoring and evaluating the overall effectiveness of the Lau Plan. An effective plan is one in which students are achieving proficiency in English and are able to participate meaningfully in MSAD #11’s programs. The Lau Plan Coordinator will annually perform the following functions:
• Review staff compliance with Lau Plan procedures and requirements;
• Review student data to assess student progress in achieving English
proficiency and participation in school programs;
• Obtain feedback and suggestions from staff, parents and students (if
appropriate) concerning Lau Plan procedures and services provided to students;
• Provide a report to the Superintendent regarding the findings of the program evaluation and any recommendations for improvements to Lau Plan procedures or educational programs and services provided to LEP students.
I. Parent Notification and Involvement
To the extent practicable, parent notices and information will be provided in a language the parents can understand. In addition, if practicable, an interpreter will be provided to assist parents in communicating with school staff and at meetings of the LAT to discuss the student’s programming and progress in attaining English proficiency.
Parents shall be notified before their child’s English proficiency is assessed and
shall be provided with the results of such assessments. If the student is identified as in need of LEP services, the parents shall be notified no later than 30 days after the beginning of the school year or within two weeks of the child’s placement in the program as required by the No Child Left Behind Act. Parents shall be invited to attend and participate in all LAT meetings pertaining to their child and shall be notified of school activities which are called to the attention of other parents.
Parents have the right to refuse LEP services and support for their child. If a parent does not want his/her child to have LEP services or support, he/she is required to sign a letter of refusal that shall be placed in the student’s education record.
J. Recordkeeping
All records pertaining to a student’s LEP status, including screening, assessments, LAT meeting minutes, programming, evaluations, and parent notices and forms shall be included in his/her cumulative folder. Appropriate recordkeeping is the responsibility of the student’s Case Manager or guidance counselor (after a student has exited LEP programs and services).
Adopted: February 1, 2007
Revised: May 3, 2007
File: IHBEAA-R
Dear Parent:
Your child is eligible for participation in the MSAD #11's language instruction educational program for limited English proficient students.
• Provide reasons for identification as limited English proficient and in need of placement in the program;
• Provide information on the child's level of English proficiency, how the assessment was made, and the status of the child's academic achievement;
• Explain the method of instruction used in the program the child is or will be participating in; the methods of instruction available in other available programs; and how these programs differ in content, instruction goals and use of English and a native language of instruction;
• Explain how the program will meet the educational strengths and needs of the child;
• Explain specifically how such a program will help the child learn English and meet age
appropriate academic achievement standards for grade promotion and graduation;
• Explain the specific exit requirements from the program; the expected rate of transition
from the program into mainstream programs; and if the child is in high school, the
expected rate of graduation for students in the program; and
• If the child has a disability, explain how the program meets the child's IEP.
As a parent of a limited English proficient parent, you have certain rights which include:
• The right to request that your child not be enrolled in the program or to be immediately removed from the program;
• The right to choose another program or method of instruction
• The right to request assistance from the School Department in selecting programs and methods of instruction.
If you have any questions concerning this letter or your child's education program, please contact me at the above address or by telephone at 207-582-5346.
Sincerely,
File: IHBG
HOME SCHOOLING
Parents/guardians who wish to have their children fulfill the compulsory school attendance law through equivalent education by home schooling must comply with the provisions of 20-A MRSA § 5001-A(3)(A)(4).
A. The student’s parent/guardian must provide a written notice of intent to provide home instruction simultaneously to the Superintendent of the school district in which the student resides and to the Commissioner of the Department of Education within ten calendar days of the beginning of home instruction. The notice must contain the following information:
1. The name, signature and address of the student’s parent/guardian;
2. The name and age of the student;
3. The date the home instruction program will begin;
4. A statement of assurance that indicates the home instruction program will provide at least 175 days annually of instruction and will provide instruction in: English and language arts, math, science, social studies, physical education, health education, library skills, fine arts, and, in at least one grade from grade 6 to 12, Maine studies. At one grade level from grade 7 to 12, the student will demonstrate proficiency in the use of computers; and
5. A statement of assurance that indicates that the home instruction program will include an annual assessment of the student’s academic progress that includes at least one of the forms of assessment described in 20-A MRSA § 5001-A(3)(A)(4)(b) and paragraph B below.
B. On or before September 1 of each subsequent year of home instruction, the student’s parent/guardian must file a letter with the Superintendent of the administrative district in which the student resides and to the Commissioner stating the intention to continue providing home instruction and enclose a copy of one of the following forms of annual assessment of the student’s academic progress:
1. A standardized achievement test administered through the administrative district in which the student resides or through other arrangements approved by the Commissioner. If the test is administered through the administrative district in which the student resides, that administration must be agreed to by the Superintendent of the administrative district prior to submission of the written notice of intent to provide home instruction;
[NOTE: The statute uses “school officials,” but this is not a defined term. Rather than leaving boards to disperse authority too widely, we have suggested “Superintendent” or “Superintendent/designee,” as appropriate.]
2. A test developed by the Superintendent/designee of the administrative district in which the student resides appropriate to the student’s home instruction program, which must be agreed to by the Superintendent of the administrative district prior to submission of the written notice of intent to provide home instruction;
3. A review and acceptance of the student’s progress by an identified individual who holds a current Maine teacher’s certificate;
4. A review and acceptance of the student’s progress based on, but not limited to, a presentation of an educational portfolio of the student to a local area home schooling support group whose membership for this purpose includes a currently certified Maine teacher or administrator; or
5. A review and acceptance of the student’s progress by a local advisory board selected by the Superintendent of the administrative district in which the student resides that includes one administrative district employee and two home instruction tutors. A “home instruction tutor” means the parent/guardian or other person who acts or will act as a primary teacher of the student in the home instruction program. This provision must be agreed to by the Superintendent of the administrative district in which the student resides prior to submission of the written notice of intent to provide home instruction.
The Superintendent shall maintain a roster of all students eligible to attend school within the school district who are receiving equivalent instruction, as provided in Department of Education rules.
Legal Reference: 20-A MRSA§ 5001-A
Ch. 125 § 12.02, Ch. 130 (Me. Dept. of Ed. Rules)
Cross Reference: JEA – Compulsory School Attendance
IHBGA – Home Schooling—Participation in School Programs
IHBGB – Special Education Services for Students in Private Schools or Home Schooling
JGAB – Assignment of Students to Classes: Transfer Students and Home-Schooling Students
Adopted: January 3, 1985
Revised: 8/07/86; 5/02/91; 3/10/94; 3/05/04; 5/3/2007
File: IHBGA
HOME SCHOOLING—PARTICIPATION IN SCHOOL PROGRAMS
The MSAD #11 School Board acknowledges the provisions for equivalent instruction under Maine law. The MSAD #11 Board further recognizes the Legislature’s statement “that the term ‘equivalent’ is intended to mean meeting state standards for alternate or other instruction and is not intended to mean the same as the education delivered in the public school system.”
In addition, it is the intention of the MSAD #11 Board to, “cooperate in the home instruction of any child who resides in the school administrative district to the degree that the level of cooperation does not interfere with the responsibilities to the students enrolled in MSAD #11 regular programs.” Furthermore, participation of students in such school programs shall be limited to home-schooled students whose home instruction programs are in compliance with applicable Maine law and Department of Education regulations.
In order to maintain an efficient and orderly school program, the MSAD #11 Board directs the Superintendent/designee to develop procedures, as appropriate, regarding the availability of school system resources and services to home-schooled students who would otherwise be eligible to attend school in MSAD #11. The procedures shall be in accord with the following provisions.
I. PROVISION OF INFORMATION
At the request of the student or the student’s parent/guardian, this school district shall make available to home-schooled students, in a form determined by the school, information regarding access to public school activities and attendance at the school district’s schools. This information must include:
A. Requirements regarding initial health and developmental screening for motor skills, vision, hearing, and immunization; and
B. Criteria for participation of home-schooled students in curricular, co-curricular, and extracurricular activities.
II. PERMITTED PARTICIPATION
A. Participation in Regular Classes. Home instruction students may enroll in specific, day-school classes provided that the student’s attendance is regular, the class is deemed to be age and grade appropriate, and all prerequisite course requirements are met. In addition, the following shall also apply.
1. The student or the student’s parent/guardian, on the student’s behalf, shall apply in writing to and receive written approval from the Superintendent/designee. Approval may not be unreasonably withheld.
2. The student shall demonstrate prior satisfactory academic achievement consistent with school district policy and procedures applicable to all students.
3. The student shall comply with behavioral, disciplinary, attendance and other classroom rules applicable to all students. If a student fails to comply, the school may withhold credit or terminate the student’s participation.
4. Transportation must be provided by the parent/guardian or student. However, the student may use the same transportation as all other students in the school district as long as additional expenses are not incurred and vehicle capacity is not exceeded.
5. The student shall complete all assignments and tests as required of all students in the same class.
B. Course Auditing. Home instruction students may audit a course(s) provided the following conditions have been met.
1. The student or the student’s parent/guardian, on behalf of the student, shall apply in writing to and receive written approval from the Superintendent/designee to audit a specific course or courses. Participation may not be unreasonably withheld.
2. The student agrees to meet established behavioral, disciplinary, attendance and other classroom rules applicable to all students. If a student fails to comply, the school may terminate participation.
III. SPECIAL EDUCATION SERVICES
Special Education Services will be available to eligible special education students in accordance with applicable federal and state laws and regulations.
IV. ADMISSION TO REGULAR PROGRAM/PLACEMENT
A student who has been receiving home-school instruction and who seeks admission to the regular school program will be placed in a grade commensurate with the level of the student’s academic achievement. Placement must be guided by the following.
A. For students who transfer into school from an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the student’s prior educational experience toward meeting these standards.
B. Appropriate school staff may make recommendations concerning placement based on, but not limited to, factors such as the student’s completed curricula and record of achievement, conferences with the student’s parent/guardian, and administration of tests.
C. The final grade placement decision shall be made by the principal. The principal’s decision may be appealed to the Superintendent, whose decision shall be final.
V. RE-ADMISSION TO THE SCHOOL PROGRAM
Placement of home-schooled students who wish to be readmitted to the school program will be determined by the principal who shall consult with members of the professional staff to the extent appropriate and, as deemed necessary, to make a reasonable determination that the requisite academic standards have been met, and collect from parents actual samples of coursework (e.g., homework, papers, examinations). The principal may also direct that a test or tests be administered to help determine the student’s progress toward meeting the content standards of the Learning Results for the purpose of determining an appropriate grade level. The decision of the principal may be appealed to the Superintendent.
VI. USE OF SCHOOL TEXTBOOKS AND LIBRARY BOOKS
Subject to availability, a student receiving home instruction may use school textbooks, if the number of particular copies are sufficient, and library books owned by the school district, subject to the following conditions.
A. The use does not disrupt regular student, staff or special program functions.
B. The student’s sign-out period for a library book is the same as that applicable to regularly enrolled students.
C. The student may sign out a textbook for a period not to exceed one school year.
D. The parent/guardian and student agree to reimburse the school district for lost, unreturned or damaged library books and textbooks and for consumable supplies used.
VII. USE OF SCHOOL FACILITIES AND EQUIPMENT
A student receiving home-school instruction may use public school facilities and equipment on the same basis as regularly enrolled students if the following conditions are met.
A. The use does not disrupt regular school activities.
B. The use is approved by the school principal in accordance with established school policy.
C. The use does not create additional expense to the school unit.
D. The use is directly related to the student’s academic program.
E. The use of potentially hazardous areas, such as shops, laboratories, and gymnasiums, is supervised by a qualified employee of the school unit, approved and assigned by the Superintendent.
VIII. MAINE EDUCATIONAL ASSESSMENT
If a parent of a student in an equivalent instruction program requests to have the student participate in the Maine Educational Assessment (MEA), such request must be granted. Participation in such examinations must be in compliance with all rules and procedures governing testing conditions in the school district.
IX. ACADEMIC CREDIT
A student receiving home-school instruction must receive academic credit subject to the following requirements.
A. Academic credit for individual courses must be awarded if the student meets required academic standards applicable to all students enrolled in the same course.
B. Academic credit must be awarded for successful completion of alternative instruction opportunities sponsored by the school and available to all students.
X. HIGH SCHOOL COURSE CREDITS AND DIPLOMA ELIGIBILITY
The following standards govern the awarding of course credits and a graduation diploma to a student receiving home-school instruction who seeks admission or readmission to the high school.
A. A student shall earn high school credits for satisfactory completion of courses in the high school pursuant to 20-A MRSA § 5021(2)(A).
B. A student may earn credit for course work completed through home-school instruction if the principal determines, both in advance and upon completion of the course, that the course satisfies the requirements for awarding the credit. The principal may direct that the student undergo a test or tests to assist in making a determination relative to the awarding of credit.
C. Requests for transfer credit for equivalent instruction completed at non-approved private schools, at private schools that elect not to meet requirements under 20-A MRSA § 2901, or through other equivalent instruction programs must be evaluated on the merits of the documentation provided. The principal and guidance staff shall conduct these evaluations on request made by the student or the student’s parent/guardian. The principal may direct that the student undergo a test or tests to assist in making a determination relative to the awarding of credit.
D. For students who transfer into a secondary school from another state or an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards through the local assessment system.
E Awarding of a high school diploma by the local school is conditioned upon the student’s demonstration of having satisfied all specific course credit and other requirements established by the MSAD #11 Board. The MSAD #11 Board may establish resident credit requirements as a precondition for the awarding of a local school unit diploma.
XI. PARTICIPATION IN CO-CURRICULAR ACTIVITIES
Students receiving home-school instruction may participate in co-curricular activities such as field trips, assemblies, and academically-related fairs provided:
A. Prior written permission is obtained from both the parent/guardian and the principal; and
B. The student has agreed to meet established behavioral, disciplinary, attendance, and other rules applicable to all students.
XII. PARTICIPATION IN EXTRACURRICULAR ACTIVITIES
Students receiving home-school instruction are eligible to try out for extracurricular activities sponsored by the school district, provided the student applies in writing and the following requirements are satisfied.
A. The student agrees to abide by equivalent rules of participation as are applicable to regularly enrolled students participating in the activity and provides evidence that the rules of participation are being met.
B. The student complies with the same physical examination, immunization, insurance, age, and semester eligibility requirements as regularly enrolled students participating in the activity. All required documentation must be made available upon request by the school district. The school principal is authorized to collect from the student’s parent/guardian actual samples of coursework (e.g., homework, examinations, etc.) as he/she deems necessary in order to make the determination that the necessary academic standards have been met.
C. The student meets equivalent academic standards as those established for regularly enrolled students participating in the activity and provides evidence that the academic standards are being met.
D. The student abides by the same transportation policy as regularly enrolled students participating in the activity.
XIV. APPEALS
Appeals from administration and application of the MSAD #11 Board policy are heard by the MSAD #11 Board, whose decision is final and binding. Appeals that question the MSAD #11 Board policy compliance with legal requirements must be made to the Commissioner, whose decision is final and binding.
Legal Reference: 20-A MRSA §§ 5001-A(3), 5021-5025
Ch. 127, 130 (Me. Dept. of Ed. Rules)
Cross Reference: IHBG – Home Schooling
IHBGB – Special Education Services for Students in Private Schools
or Home Schooling
Adopted: March 5, 2004
Revised: May 3, 2007
File: IHBGB
SUPPLEMENTAL STATEMENT OF RIGHTS FOR PRIVATE SCHOOL/
HOME SCHOOLING STUDENTS WITH DISABILITIES
If you are a parent of a child with disabilities, or suspect that your child may have a disability that is covered by state or federal special education laws, and your child is in a private school or an approved home schooling program, you have the following rights:
A. A parent/guardian has the right to have his/her child located, identified and evaluated by the school district as a possible special education student, including referral of the student to a Pupil Evaluation Team (PET) to determine whether the student qualifies as a special education student. The school district’s child find and referral obligations toward the student while he/she is in a private school/home school program are the same as for students enrolled in public school.
B. Students with disabilities enrolled in private schools or in home schooling programs do not have an individual right to special education and related services while enrolled in the private school or home schooling program.
C. The school district has an obligation to consult with representatives of private school and home schooling students with disabilities on how to carry out the school district’s duty to locate, identify and evaluate all private school/home schooling students with disabilities and also to consult in a timely way on:
1. Which students will receive services;
2. What services will be provided;
3. How and where the services will be provided; and
4. How the services will be evaluated.
D. The school district has a duty to expend on the pool of identified private school/home schooling students with disabilities an amount at lease equal to the percentage of federal special education dollars received by the school district as that group of students represents of the overall number of special education students.
E. The school district shall make the final decisions with respect to the services to be provided to eligible private school/home schooling students with disabilities.
F. For any private school/home schooling student with a disability to whom the school district decides it will provide services, the school district shall initiate and conduct a meeting of the PET to develop, review and revise a services plan detailing the special education and related services to be provided and including goals for measuring the outcome of such services. To the extent appropriate, the Team shall develop the services plan in a manner consistent with development of an Individualized Education Program.
G. Parents may file a complaint with the Maine Department of Education, Division of Special Services (287-5950) alleging that the school district has failed to comply with any of its obligations toward private school/home schooling students. Parents have a right to a due process hearing from the Maine Department of Education only on issues relating to the school district’s duty to locate, identify and evaluate all private school/home schooling students with disabilities.
H. As a resident of the local school district, the parent/guardian has a right to enroll his/her child in the local public school. If at any time the parent chooses to do so and his/her child is a student with a disability, the PET will meet to review and/or develop an IEP for implementation upon enrollment of the child in public school. If the child is enrolled in public school, the parent/guardian and his/her child are entitled to all the rights set forth in the school district’s attached special education Statement of Rights.
I. If a parent would like a complete copy of the state and federal regulations addressing the duties of the school district toward private school/home schooling students with disabilities, please contact the special education office at the school district or the Maine Department of Education, Division of Special Services (287-5950). If a parent has any concerns about his/her child, please address those concerns in writing to:
Director of Special Education
MSAD #11
150 Highland Ave.
Gardiner, ME 04345
or telephone the Office of Special Education at [number] and ask to speak with [name]. Questions may also be addressed to the Maine Department of Education, Division of Special Services, at 287-5950.
Legal Reference: 20 USC § 1412(a)(10)
34 CFR § 300.450-.462 (March 1999)
Me. Dept. of Ed. Reg. ch. 101 § 4.7 (Nov. 1999)
Adopted: May 3, 2007
File: IHBH
ALTERNATIVE EDUCATION PROGRAMS
The MSAD #11 Board recognizes that there are students with the potential to complete their secondary education who have difficulty completing the conventional school program. Some students require more support and direct supervision than is reasonably available in conventional school setting, while others require a highly structured academic experience and a special focus on life skills and/or vocational education.
The MSAD #11 Board will provide alternative education programs when there is an identified need, when establishment of such programs is feasible, and when such programs fall within the function normally associated with the public schools.
Alternative educational programs will seek to provide appropriate academic, social, and vocational experiences to assist students to re-enter the regular secondary program, move into another educational setting, or prepare them for successful employment.
Legal Reference: 20-A MRSA §§ 4729; 5001-A; 5051-A; 5104-A
Adopted: May 3, 2007
File: IHCDA
POST-SECONDARY ENROLLMENT OPTIONS
The intent of this policy is to establish the requirements for student enrollment in post-secondary courses taken before high school graduation.
Eligible Institutions
Students may take courses at eligible post-secondary institutions within Maine, which include the University of Maine System, the Community College System and Maine Maritime Academy.
The school district may allow students to take courses at private colleges or other institutions, but the school district cannot include such costs as allowable program costs. Any such requests shall be considered on a case-by-case basis to the extent that funds are available.
Student Eligibility Requirements
A student may take no more than one course per semester and two courses per academic year.
A student must meet the following criteria prior to enrolling in a post-secondary course:
[NOTE: The following are statutory requirements.]
A. Have a minimum of a “B” [or 3.0] average in his/her courses overall;
B. Meet the course admission standards of the eligible institution;
C. Provide evidence of parent/guardian approval for taking the course; and
D. Obtain approval from the principal and guidance counselor
Exceptions to Eligibility Requirements
[NOTE: The following statutory requirements are effective September 18, 1999.]
A student enrolled in grade 11 or 12 who does not meet the “B” [or 3.0] average in his/her courses overall is eligible to take a post-secondary course provided that he/she:
A. Has been assessed and received a recommendation to take the course from the school administration; and
B. Has been approved for participant in the course by the eligible institution.
Awarding of Credits
The eligible institution shall grant full credit to any student who successfully completes a course.
School districts are not required to award credit for courses taken at eligible institutions. If the MSAD #11 School Board wishes to grant high school credit:
A. The course must meet for a minimum of one semester.
B. The student must earn a passing grade in the course.
C. Attendance must satisfy the instructor’s requirements.
The Board may request that the eligible institution record and report attendance to the high school.
D. If the above criteria are met, the student shall receive the appropriate
number of high school credits for each course.
Financial Assistance
A. The Maine Department of Education shall pay applicable tuition costs for any student enrolled in a course under this policy if the eligible institution requires tuition payment.
B. The student and his/her parent/guardian are responsible for paying
for all textbooks, course fees and transportation costs.
[NOTE: While the statute obligates students to pay these costs, school districts may still choose to pay some or all of these costs. Such costs remain allowable program costs under the statute.
School District Reporting Requirements
The Superintendent shall ensure that information concerning post-secondary enrollment options is made available to parents and students.
The Superintendent shall provide an annual report to the MSAD #11 School Board regarding the number of students taking courses at post-secondary institutions and the courses taken.
Legal Reference: 20-A MRSA § 4771 et seq.
Adopted: March 10, 1994
Revised: May 3, 2007
File: IHD
ADULT/COMMUNITY EDUCATION
An educational program for adults shall be established and maintained in the school system. This program shall provide, at convenient times and at reasonable costs, opportunities for residents of the community and surrounding areas to receive instruction in subjects commonly taught in the public schools and in such other fields as recommended by the Superintendent and approved by the MSAD #11 Board. Appropriate recognition certificates of attendance and satisfactory performance of work shall be issued upon completion of units and instruction.
Through its various programs and courses for students/adults, the MSAD #11 Board shall seek to meet the needs of adults of all ages who, for whatever reason, have been unable to secure a high school diploma in a regular school program, who need additional training to become more efficient in their chosen occupations, or who would like to pursue interests relating to academic, vocational or leisure time activities.
Legal Reference: 20-A MRSA § 8601 et seq.
Adopted: Prior to 1985
Revised: August 7, 1986; March 10, 1994; May 3, 2007
File: IIB
CLASS SIZE POLICY
The M.S.A.D. No. #11 Board of School Directors recognizes that there is a relationship between class size and pupil achievement and this relationship varies across grade levels, among subjects and by methods of instruction. Therefore, the recommended class size in the elementary and secondary schools shall be determined by several variables including grade level, subject area, nature of the pupils in the classroom, nature of the learning objectives, availability of classroom space, instructional methods and procedures used, skills and classroom space, strengths of the teachers and support, staff and budgetary constraints.
Keeping all of these variables in mind, the following average class size ranges shall serve as a general guide for the organization of classes in the elementary and secondary schools.
Grade level Early K
Class Size Range 12 - 16
Recommended Size 15
Grade level Kindergarten +1
Class Size Range 16-20
Recommended Size 18
Grade level 2-3
Class Size Range 18 -22
Recommended Size 20
Grade level 4 -5
Class Size Range 18-24
Recommended Size 22
Grade level 6-8
Class Size Range 18-25
Recommended Size 22
Grade level 9-12
Class Size Range 14-26
Recommended Size 18-22
Higher class sizes will be allowed for the scheduling of large group instruction in grades l-12 for
special classes including: fine arts, physical education, instrumental and/or choral music and other special instructional arrangements [e.g. lectures). Special Education teacher-student ratios are to be in compliance with Special Education caseload rules and State standards
When any elementary or secondary school class falls below or above the applicable class size ranges, the principal shall obtain permission of the Superintendent before scheduling the class The Superintendent's decision in matters of this nature shall be communicated to the School Board. In addition the Superintendent shall establish procedures to review pre-registration information for secondary schools prior to deciding staffing levels for the ensuing year.
If any elementary or secondary school class size clearly exceeds (by 2 or more students) the maximum range, the Principal shall consult with the Superintendent who will make a determination as to whether the services of an additional teacher or teacher assistant should be recommended to the Board. The Superintendent's decision in matters of this nature will be required to hire any additional staff members.
Adopted: June 3, 2004
File: IJJ-E
CHALLENGE OF INSTRUCTIONAL MATERIALS FORM
Type of Material: ____ Book ____ Magazine/Periodical ____ Film ____Recording
____Website ____ Software ____ Other (Please specify) ____________________
Author (if known) ________________________________________________________
Title ___________________________________________________________________
Publisher (if known) ______________________________________________________
Person making complaint: __________________________________________________
Street
Telephone ____________ Address _________________________ Town ____________
Complainant represents: ___ Him/herself
___ Organization ________________________
___ Other group _________________________
1. To what portion of the material do you object? (Please be specific, cite pages, scenes, etc.) ________________________________________________________
2. What do you feel might be the negative result of reading/viewing/hearing this material? __________________________________________________________
3. For what age group would you recommend this material? __________
4. Is there anything good about this material? _______________________________
5. Did you read/view/hear all of the material? ________ If not, what parts did you read/view/ hear? ____________________________________________________
6. Are you aware of the professional reviews/judgment of this material? ______
7. What do you believe is the theme and/or intention of this material? ____________
8. What would you like the school to do about this material?
___ Do not assign it to my child.
___ Do not assign it to any students.
___ Withdraw it from the library and/or instructional program.
___ Refer it to the Educational Media Review Committee for evaluation.
9. In its place, what material would you recommend? ________________________
__________________________________________________________________
__________________________________ _____________________
Signature of Complainant Date
Adopted: May 3, 2007
File: IJJ
INSTRUCTIONAL AND LIBRARY-MEDIA MATERIALS SELECTION
The MSAD #11 Board is legally responsible for all matters relating to the operation of the schools, including the provision of instructional materials and maintenance of library-media resources that support the school system’s curriculum.
While the MSAD #11 Board retains its authority to approve the selection of instructional materials, it recognizes the educational expertise of its professional staff and the need for such staff to be involved in the recommendation of instructional materials. The MSAD #11 Board delegates responsibility for the selection of instructional materials and library-media resources to the professionally trained personnel employed by the school system, subject to the criteria and procedures for selection and the MSAD #11 Board’s policy on challenged materials as described below.
OPTION 1 With the assistance of professional staff, the Superintendent shall establish a system for the selection of instructional materials, including procedures to establish an orderly process for the review and recommendation of instructional materials. The Superintendent will be responsible for overseeing the purchase of instructional materials within budgetary parameters set by the MSAD #11 Board. The MSAD #11 Board expects the Superintendent to report on progress made in aligning instructional materials with curriculum development and evaluation in support of the content standards contained in Maine’s system of Learning Results.
Each school shall maintain a library-media program that includes books and other print materials, multimedia materials, digital online textbooks and materials,online Internet resources and information technology that support the curriculum. A certified library-media specialist will be responsible for overseeing the library-media program, under the supervision of the Superintendent. As with instructional materials, the MSAD #11 Board delegates responsibility for selection of library-media materials and technology and Internet resources to the school system’s professionally trained staff, subject to the criteria and procedures for selection and the MSAD #11 Board’s policy on challenged materials described below.
Definitions
“Instructional materials” include textbooks and other print materials, software and other electronic materials, digital online textbooks and materials, online/Internet resources (including access), and supplies and other materials to support instruction in subject areas and implementation of the system of Learning Results.
“Library-media resources” include books, print materials, digital online textbooks and materials,online/Internet resources (including access), multimedia materials and information technology that, as part of the library-media program, support the school system’s curriculum.
Objectives of Selection
The MSAD #11 Board recognizes that it is the primary objective of instructional materials to implement and support the curriculum, and of library-media resources to extend and enrich the educational programs of the schools. Quality instructional materials and library-media resources are essential to student learning. In preparing students to meet the content standards of the Learning Results, in supporting the achievement of the school district’s educational goals and objectives, and in providing enrichment opportunities that expand students’ interests and contribute to a desire for lifelong learning, it is the responsibility of the instructional program and the library-media centers of the schools to provide a wide range of materials on all levels of difficulty, with diversity of appeal and the presentation of different points of view.
Criteria for Selection
Instructional and library-media materials selected should:
A. Support achievement of the content standards of the Learning Results;
B. Support the goals and objectives of the school system’s educational programs;
C. Enrich and support the curriculum;
D. Take into consideration the varied interests, abilities, and maturity levels of the students served;
E. Foster respect and appreciation for cultural diversity and varied opinions;
F. Give comprehensive, accurate and balanced representation to minorities and women in history, science, leadership and the arts and acknowledge the contributions of ethnic, religious and cultural groups to our American heritage;
G. Present a balance of opposing sides of controversial issues to enable students to develop a capability for critical analysis;
H. Stimulate growth in factual knowledge, literary appreciation, aesthetic values and ethical standards;
I. Provide a background of information that will enable students to make intelligent decisions in their daily lives; and
J. Respect the constraints of the school unit’s budget.
Other factors that should be considered are accuracy and currency of material; importance of the subject matter; scholarship; quality of writing and production; and reputation and significance of the author, artist or composer.
In evaluating software, multimedia materials and online/Internet resources, additional factors that should be considered include purpose for use; content; format (degree of interactivity or student involvement); appropriate use of graphics, sound and animation; feedback provided; and ease of use.
Procedures for Selection
Meeting the needs of the individual schools, based on knowledge of the curriculum and the existing collections of instructional and library-media materials, shall be the highest priority. Basic learning materials, i.e., those that are the predominant instructional materials used by most members of the class, are used for a significant portion of the course or receive major emphasis during a course, or are essential to student achievement of content standards of the Learning Results are to take priority in the selection process.
Before recommending materials for purchase, professional staff should evaluate the existing collection, consulting reputable, unbiased, professionally prepared selection aids and specialists from all departments and/or all grade levels.
Social studies and science textbooks should not be older than five years unless up-to-date supplemental instructional materials are also available.
Whenever possible, purchase of non-print materials and multimedia, Internet and technology resources shall be made only after personal evaluation by the librarian/media specialist and/or other appropriate professional staff. Reviewing aids may be used in lieu of personal evaluation.
Multiple copies of outstanding and much-in-demand materials should be purchased as needed. Worn or missing standard items should be replaced periodically. Out-of-date or no-longer-useful materials should be withdrawn from the collection/circulation.
Donated Materials
Gift materials are to be evaluated by the same criteria as purchased materials and are to be accepted or rejected by those criteria and in accordance with MSAD #11 Board policy on gifts and donations.
Parental Authority
A student’s parent/guardian may inspect, upon request, any instructional material used as part of the curriculum. The Superintendent will be responsible for developing and implementing procedures for providing access to instructional material within a reasonable time after such a request is made.
The MSAD #11 Board recognizes that the final authority as to what materials an individual student will be exposed rests with that student’s parents or guardians. However, at no time will the wishes of one child’s parents to restrict his/her reading or viewing of a particular item infringe on other parents’ rights to permit their children to read or view the same material.
Library-media center materials will not be removed from the collection because of criticism except in accordance with MSAD #11 Board policy.
Challenged Materials
Despite the care taken to select materials for student and teacher use and the qualifications of the persons who select the materials, the MSAD #11 Board recognized that objections may be raised occasionally by students, parents, school staff or community members.
In the event a complaint is made, the following procedures will apply:
A. The complaint shall be heard first by the person providing the materials in question.
B. If the complaint is not resolved, the complainant shall be referred to the building Principal and requested to fill out the “Instructional and Library-Media Materials Challenge Form.” A copy of the form will be forwarded to the Superintendent.
C. The Superintendent shall appoint a committee composed of the following persons to review the complaint: one Principal at the appropriate grade level; one librarian/media specialist; one classroom teacher; the department head in the subject area of the challenged materials; one community member.
D. The review committee shall: read and examine the materials referred to them; check general acceptance of materials by reading reviews; weigh values and faults against each other and form opinions based on the material as a whole and not on passages or portions pulled out of context; meet to discuss the material and to prepare a written report on it.
E. The report of the committee shall be forwarded to the Superintendent who will inform the complainant of the results.
F. No materials shall be removed from use until the review committee has made a final decision.
G. The review committee’s decision may be appealed to the MSAD #11 Board. The MSAD #11 Board may set aside a portion of a regular meeting or call a special meeting for the purpose of receiving testimony from representatives of the various points of view. The material in question shall be:
1. Reviewed objectively and in its full content
2. Evaluated in terms of the needs and interest of students, school, curriculum and community;
3. Considered in the light of differing opinions; and
4. Reviewed in light of the criteria for initial selection and purpose as provided herein.
The MSAD #11 Board will announce its decision in writing not later than the conclusion of the next regular meeting of the MSAD #11 Board following its receipt of said testimony.
Legal Reference: 20-A MRSA §§ 1001 (10-A); 1055 (4); 4002
Ch. 125 §§ 9.01, 9.03 (Me. Dept. of Ed. Rule)
P.L. 107-110 § 1061 (No Child Left Behind Act)
Cross Reference: IJJ-E – Challenge of Instructional Materials Form
Adopted: Prior to 1985
Revised: August 7, 1986; March 10, 1994; May 3, 2007
File: IJNDB-R
MSAD #11 STUDENT COMPUTER AND INTERNET USE RULES
All students are responsible for their actions and activities involving MSAD #11 computers networks, Internet services, computer files, passwords and accounts.
The rules are intended to provide general guidelines and examples of prohibited uses, but do not attempt to state all required or prohibited activities by users. Students, parents and school staff who have questions about whether a particular activity is prohibited are encouraged to contact a building administrator or the Director of Technology. These rules apply to all school computers an all school-provided laptops wherever used, and all uses of school servers, Internet access, and networks regardless of how they are accessed.
A. Acceptable Use
1. Student access to MSAD #11’s computers, networks and Internet services are provided for educational purposes; research consistent with MSAD #11’s educational mission, curriculum and instructional goals.
2. Board policies, school rules and expectations concerning student conduct and/or communications apply to students using school computers, on or off school property.
3. Students are also expected to comply with specific instructions from the teacher or other
supervisory staff member/volunteer when accessing MSAD #11’s computers, networks
and Internet services.
B. Prohibited Uses
Unacceptable use of school computers includes, but is not limited to the following:
1. Accessing or Communicating Inappropriate Materials –Students may not access, submit, post, publish, forward, download, scan or display materials or messages that are defamatory, abusive, obscene, vulgar, sexually explicit, sexually suggestive, threatening, discriminatory, harassing, bullying and/or illegal materials or messages.
2. Illegal Activities –Students may not use MSAD #11’s computers, networks and Internet services for any illegal activity or in violation of any other Board policies, procedures and/or school rules. The District assumes no responsibility for illegal activities of students while using school computers.
3. Violating Copyrights or Software Licenses – Students may not copy, download, or share any type of copyrighted materials (including music, images, or films) without the owner’s
permission (see Board policy/procedure EGAD – Copyright Compliance); or copy, download software without the express authorization of the Director of Technology. Unauthorized copying of software is illegal and may subject the copier to substantial civil and criminal penalties. The school district assumes no responsibility for copyright violations by students.
4. Plagiarism- Students are prohibited from representing as one's own work any materials obtained on the Internet (such as term papers, articles, music, images, etc.). When Internet sources are used in student work, the author, publisher and website must be identified.
5. Misuse of Passwords/Unauthorized Access –Students may not share passwords; use other users' accounts; or attempt to circumvent network security systems.
6. Malicious Use/Vandalism –Students may not engage in any malicious use, disruption or harm to MSAD #11’s computers, networks and Internet services, including, but not limited to, physically marking, damaging, or altering computers, hacking activities, creation/uploading of computer viruses.
7. Use for Non-School-Related Purposes – Students may not use MSAD #11 computers, network, and Internet services for any personal reasons not connected with the educational program or school assignments.
8. Unauthorized Access to Blogs/Social Networking Sites, Etc. – Students may not access blogs, social networking sites, etc. to which student access is prohibited.
C. Compensation for Losses, Costs, and/or Damages
The student and his/her parents are responsible for compensating MSAD #11 for any losses, costs, or damages incurred by the school unit for violations of Board policies/procedures and school rules while the student is using MSAD #11 computers, including the cost of investigating such violations. The school district assumes no responsibility for any unauthorized charges or costs incurred by the student while using school computers.
D. Student Security
A student is not allowed to reveal his/her full name, address or telephone number, social security number or other personal information on the Internet while using a school computer without prior permission from a teacher. Students should never agree to meet people they have contacted through the Internet without parental permission. Students should inform their supervising teacher or parent if they access information or messages that are dangerous, inappropriate or make them uncomfortable in any way.
E. System Security
The security of MSAD #11’s computers, networks and Internet services is a high priority. Any user who identifies a security problem must notify her/her teacher, supervisor, or building administrator. The student shall not demonstrate the problem to others or access unauthorized material.
F. No Expectation of Privacy
MSAD #11 retains control and supervision of all computers, networks and Internet services owned or leased by MSAD #11 at all times. MSAD #11 reserves the right to monitor all equipment/computer and Internet activity by students. Students have no expectations of privacy in their use of school computers, including e-mail, stored files and Internet access logs.
G. Additional Rules For Equipment/Laptops Issued To Students
1. Laptops are loaned to students as an educational tool and may be used for purposes specifically authorized by school staff and/or the MLTI (Maine Learning Technology Initiative) program.
2. Parents are required to attend an informational meeting before a laptop will be issued to their child. Both the student and his/her parent must sign the school’s acknowledgement form.
3. Students and their families are responsible for proper care of laptops, cases, and chargers at all times, whether on or off school property, including costs associated with repairing or replacing the laptop. MSAD #11 offers an optional Laptop Protection program for parents to cover replacement costs and/or repair costs for damages not covered by the laptop warranty. The Laptop Protection program does not cover damage to laptops caused by malicious behavior. Parents who choose not to participate in the Laptop Protection plan should be aware that they are responsible for any costs associated with the loss, theft, or damage to a laptop issued to their child.
4. If the laptop is lost or stolen, it must be reported to the teacher and building administrator immediately. Additionally, if a laptop is stolen, a report should be made to the Gardiner police and the Director of Technology immediately.
5. The MSAD #11 School Board’s policy and rules concerning computer and Internet use apply to all users of school laptops at any time or any place, on or off school property. Students are responsible for obeying any additional rules concerning care of laptops issued by school staff.
6. Violation of policies or rules governing the use of computers, or careless use of a laptop may result in a student’s laptop being confiscated and/or a student only being allowed to use the laptop under the direct supervision of school staff. The student will also be subject to disciplinary action for violations of Board policies or school rules.
7. Parents may have access to their child’s login password. Parents are responsible for supervising their child’s use of the laptop and Internet access when in use at home.
8. The laptop may only be used by the student to whom it is assigned and to the family members, to the extent permitted by the MLTI program.
9. All use of school-loaned laptops by all persons must comply with the school’s Student Computer use Policy and Rules.
10. Laptops must be returned in acceptable working order at the end of the school year or whenever requested by school staff.
H. MLTI Laptop Sign Out Procedures
In order to take a MLTI computer home, parents and students must attend a Maine Learning Technology Initiative (MLTI) Family Orientation meeting offered by the District. Parents and students must sign and return the MSAD #11 Take Home form.
1. The student must check out his/her laptop, carrying case, and power adapter from supervising teacher. If this teacher is not available to check out the laptop, arrangements can be made with another classroom teacher. Substitutes and support staff cannot sign out laptops to students.
2. In advance, the student must request to take their laptop home, to ensure the teacher’s availability after school.
3. Sign out times for the computer will be immediately after school, unless alternative arrangements have been made with the assigned teacher. Special arrangements, such as a parent picking up a laptop, must be made in advance for those students who are involved in an extra curricular activity. Laptops are not permitted in locker rooms, on playing fields, courts, etc.
4. The laptop, carrying case, and power adapter will be signed back in before or during the homeroom on the first school day following the day it was signed out. If the laptop is not returned to school with the student, an immediate call to the parent/guardian will be made in order to have the laptop brought to school immediately. Failure to bring the computer back on time will result in the school revoking the privilege of signing out the laptop for home use.
5. Students are responsible for bringing their laptops to school fully charged.
I. Additional Rules for Use of Privately Owned Computers by Students
1. A student who wishes to use a privately owned computer in school must complete a Student Request to Use Privately-Owned Computer form. The form must be signed by the following: student, parent/guardian, building administrator, and technology department personnel. There must be an educational basis for any request.
2. The technology department staff will determine whether a student’s privately owned computer meets the MSAD #11 network requirements.
3. Requests may be denied if it is determined that there is not a suitable educational basis for the request and/or the demands on the school’s network or staff would be unreasonable.
4. The student is responsible for proper care of her/her privately owned computer, including any costs of repair, replacement, or modifications needed to use the computer at school.
5. MSAD #11 is not responsible for damage, loss, or theft of any privately owned computer.
6. Students are required to comply with all Board policies, administrative procedures, and school rules while using privately owned computers at school. This applies whether the computer is used on or off of the school network and/or Internet.
7. Students have no expectation of privacy in their use of privately owned computer while at school. MSAD #11 reserves the right to search a student’s privately owned computer if there is a reasonable suspicion that the student has violated Board policies, administrative procedures or school rules, or engaged in other misconduct while using the computer.
8. Violation of any Board policies, administrative procedures or school rules involving a student’s privately owned computer may result in the revocation of the privilege of the computer at school and/or disciplinary action.
9. MSAD #11 may confiscate any privately owned computer used by a student in school without authorization as required by these rules. The contents of the computer may be searched in accordance with applicable laws and policies.
Cross Reference: IJNDB – Student Computer and Internet Use
Adopted: June 3, 2004
Revised: May 3, 2007; June 2, 2011
File: IJNDB
STUDENT COMPUTER AND INTERNET USE
MSAD #11’s computers, network, and Internet access are provided to support the educational mission of the schools and to enhance the curriculum and learning opportunities for students and staff. This policy and the accompanying rules also apply to laptops issued directly to students, whether they are used at school or off school premises.
Compliance with MSAD #11’s policies and rules concerning computer and Internet use is mandatory. Students who violate these policies and rules may have their computer privileges limited, suspended, or revoked. The building principal is authorized to determine, after considering the circumstances involved, whether and for how long a student’s computer privileges will be altered.
Violations of this policy MSAD #11’s computer and Internet rules may also result in disciplinary action, referral to law enforcement, and/or legal action.
MSAD #11 computers remain under the control, custody, and supervision of the school district at all times. The school district monitors all computer and Internet activity by students. Students have no expectation of privacy in their use of school computers, whether they are used on school property or elsewhere.
MSAD #11 uses filtering technology designed to block materials that are obscene or harmful to minors, and child pornography. Although MSAD #11 takes precautions to supervise student use of the Internet, parents should be aware that MSAD #11 can’t reasonably prevent all instances of inappropriate computer and Internet use by students in violation of Board policies and rules, including access to objectionable materials and communication with persons outside of the school. The school district is not responsible for the accuracy or quality of information that students obtain through the Internet.
In the interest of student safety, MSAD #11 also educates students about online behavior, including interacting on social networking sites and chat rooms, the dangers of engaging in “hacking” and other unlawful online activities, and issues surrounding “sexting” and issues surrounding cyber bullying awareness and response.
The Superintendent is responsible for implementing this policy and the accompanying “acceptable use” rules and for documenting student Internet safety training. The Superintendent/designee may implement additional administrative procedures or school rules consistent with Board policy to govern the day-to-day management and operations of the school district’s computer system.
Students and parents shall be informed of this policy and accompanying rules via student handbooks, the school website, and/or other means selected by the Superintendent.
Cross Reference: JICIA-Weapons, Violence, Bullying and School Rules
GCSA – Employee Computer and Internet Use
IJNDB-R – Student Computer and Internet Use Rules
Adopted: June 3, 2004
Revised: May 3, 2007; June 2, 2011, September 6, 2012
File: IJNDC-E1
MSAD #11 STUDENT COMPUTER AND INTERNET USE ACKNOWLEDGMENT FORM
No student shall be allowed to use MSAD #11 computers, equipment, networks, or Internet until the student and parent/guardian have signed and returned this acknowledgment to the school.
Student
I have read policy IJNDB (Student Computer and Internet Use) and IJNDB-R (Student Computer and Internet Use Rules) and agree to comply with them.
_____________________________________
Student (Printed Name)
_______________________________________________________________________
Student (Signature) Date
Parent/Guardian
I have read policy IJNDB (Student Computer and Internet Use) and IJNDB-R (Student Computer and Internet Use Rules) and understand that my son/daughter’s use of school computers, equipment, networks, and Internet services is subject to compliance with these rules.
_____________________________________
Parent/Guardian (Printed Name)
_______________________________________________________________________
Parent/Guardian (Signature) Date
Adopted: June 2, 2011
IJNDC-E2
MSAD #11 TAKE HOME PERMISSION FORM
MSAD #11 is pleased to offer laptop computer take home privileges for students participating in the Maine Laptop Initiative (MLTI), currently designated for students in grades seven and eight.
Please review MSAD #11 policy and regulations on laptop computer use. In order for the School District to extend take home privileges to your child, it is necessary that a signed acknowledgment of this policy be returned to Gardiner Regional Middle School. In addition, your attendance at an orientation session provided by Gardiner Regional Middle School is required by the Maine State Department of Education.
Students must return the laptop and all accessories loaned to them in good working order when requested by staff, before leaving the District, and/or at the end of the school year.
Please review this material; then sign below and return this document to the school. If you have any questions regarding this policy, please to not hesitate to contact the school or the Director of Technology in the Office of the Superintendent of Schools.
Your signature below signifies that you have attended the orientation session and have read and understand the MSAD #11 Laptop Policy and regulations on laptop computer use.
_____________________________________
Parent/Guardian (Printed Name)
_______________________________________________________________________
Parent/Guardian (Signature) Date
_____________________________________
Student (Printed Name)
_______________________________________________________________________
Student (Signature) Date
Adopted: June 2, 2011
File: IJNDC-E3
MSAD #11 STUDENT REQUEST TO USE PRIVATELY OWNED COMPUTER
I understand and consent to the MSAD #11 school board policy on privately owned computers. I request that my privately owned computer be allowed to connect to the MSAD #11 network. Requests will be reviewed by the district technology staff and by school administration. Access to network may be terminated by school administrators or by the district technology staff. No device shall be connected to the network before approval. Sign below and return this form to the school to request that your personal computer to be added to the network. After returning this form and after it is reviewed by MSAD #11 staff, you will be contacted with instructions on having your personal computer added to the network.
_______________ _______________ _______________ ___________
Brand Name Model No. Serial No. Description
_____________________ ___________________ ________________
MAC Address (wireless) MAC Address (wired) Operating System
_______________________________¬¬¬¬¬¬¬¬________________________________________
Student (printed)
_______________________________________________________________________
Student (signed)
_______________________________________________________________________
Parent (printed)
_______________________________________________________________________
Parent (signed) Date
_______________________________________________________________________
School Administrator (printed)
_______________________________________________________________________
School Administrator (signed) Date
_______________________________________________________________________
Technology Staff Signature Date Added to Network
Adopted: June 2, 2011
File: IJNDC-E4
MSAD #11 MEDIA RELEASE FORM
PARENT/GUARDIAN AGREEMENT FORM TO PUBLISH STUDENT INFORMATION
School_________________________________________ Date Returned______________
Student Name___________________________________ Grade_____________________
Home Room Teacher _______________________________________________________
_______ I would not like my child's picture put in the school or district newspaper(s) at any
time.
_______ I give my permission to put my child's picture in the district school newspaper(s)
at any time.
_______ I would not like my child's picture posted on the Internet at any time.
_______ I would not like my child's work posted on the Internet at any time.
Signature of Parent or Guardian _____________________Date____________________
Home Address___________________________________________________________
Home Phone Number ________________Work Phone Number ___________________
E-mail Address__________________________________________________________
Adopted: June 2, 2011
File: IJNDC-R
MSAD #11 WEBSITE GUIDELINES
A. Website Purpose
The purpose of the MSAD #11 website to provide general information about our school system, as well as information about educational programs, extracurricular activities and school events. The website is intended to support the educational mission of the schools, to enhance the curriculum and learning opportunities for students and staff, and to inform the extended community about our schools. The website is an outlet for official messages of MSAD #11, and is not a forum for dissemination of other views. The content of the website shall remain in the exclusive control of MSAD #11, and its School Board and designated agents.
B. Website Structure
The website includes the following content areas:
1. System-wide information (such as Superintendent’s Office, Technology, Transportation, Facilities, Food Service);
2. School Board information (such as members, officers, committees, meeting agendas and minutes, budget, and policies);
3. School-wide information for each school;
4. Individual department, grade level and/or classroom information (which may
student work and/or teacher-created work and resources);
5. Information about school-sponsored extracurricular organizations;
6. Information about school events and activities; and
7. Contact information for School Board members and school staff.
8. Official positions of the School Board on school-related issues.
C. School Unit Authority and Webmaster Responsibilities
MSAD #11 School District reserves the right to approve all website content and to edit, delete, or modify any web page content as it sees fit to comply with the intended purposes of the website and these guidelines. The Superintendent shall designate a Webmaster, who is responsible for maintaining the website, approving all material to be posted on the site, and monitoring all website activities for compliance with Board policies, applicable laws and regulations, and these guidelines. All position statements and viewpoints published on the website related to school policy, governance and initiatives must be approved by the MSAD #11 School Board or its designee. Only the Webmaster and other authorized school staff shall have password-protected access to the web server to place and remove web pages and content.
D. Website Content
MSAD #11’s website does not create, nor is it intended to create, a public or limited public forum. All materials placed on the website must serve the educational mission of the school and shall support the MSAD #11’s official views regarding how best to accomplish the educational mission of the school.
1. Website content is limited to school-sponsored information and activities. No personal student or staff web pages are permitted on the website.
2. Web page content must comply with MSAD #11 Board policies, administrative procedures and school rules.
3. All materials placed on the website must be appropriate for website and meet academic standard for proper spelling, grammar, content, accuracy and appearance.
4. Student website content may include artifacts of learning such as ePortfolios, student multimedia content, and other web tools. If the Webmaster is unsure whether particular material is appropriate for the website, he/she shall consult with the Superintendent, whose decision shall be final.
E. Confidentiality of Student Information
1. The website shall be in compliance with all applicable State and Federal
Confidentiality laws and regulations.
2. At no time shall personal information about students (such as home address, telephone
number, e-mail address, birth date, social security number, etc.) or any other information made confidential by State of Federal law appear on the website. The website will not include any information that indicates the physical location of students at any given time, other than attendance at a particular school or participation in school activities.
3. Student information, photographs or work may only be published on the website if the
student’s parent/guardian has signed the Parent/Guardian Agreement Form to Publish
Student Information. For purposes of these guidelines, student information includes
name, class rosters, awards/honors received, and team/extracurricular activity
participation lists. Schools must obtain prior written consent from parents before
posting student information on their website or elsewhere on the Internet
F. Confidentiality of Staff Information
1. At no time shall personal information about staff appear on the website (including home address, home telephone number, home e-mail address, birth date, social security number, etc.).
2. Because the school district’s website is maintained in part to enhance communication with students and their families, the school e-mail addresses and/or telephone numbers of staff are published on the website.
G. Copyright
1. Appropriate permission will be obtained before any copyrighted or trademarked material is used on the website. No copyrighted material may be reproduced, transmitted or stored on MSAD #11’s website without obtaining permission from the copyright owner.
2. Students shall retain the copyright on materials that they create.
3. An appropriate copyright notice will appear with all copyrighted material published on the website.
4. Except for the above exceptions, all web pages and content on the website are the property of and owned by MSAD #11 School District.
H. Website Design and Accessibility
1. The Webmaster is authorized to develop standards for the design and appearance of MSAD #11’s website. These standards will include measures to make web pages accessible to persons with disabilities. School district information available on the website will also be made available to the public in alternative ways upon request.
I. Advertising
1. The MSAD #11’s website will not include any advertising, nor will it include any selling activities outside of publicity for school-sponsored and/or approved fundraising activities.
J. Links to External Site
1. The MSAD #11’s website will not include links to any personal websites of students or staff.
2. The website may include links only to websites that have demonstrated educational value to students, staff and/or the community, as deemed appropriate by the Webmaster.
3. The website shall include a disclaimer informing users that links are provided as a convenience, and that MSAD #11 School District does not endorse these sites or have any responsibility for the content of these sites.
K. Additional Requirements
1. The website shall inform users about how to contact the Webmaster.
2. The Webmaster will provide appropriate information to school users regarding technical requirements for publishing material on the website.
Cross Reference: IJNDC- MSAD #11 Website
Adopted: June 3, 2004
Revised: May 3, 2007; June 2, 2011
File: IJNDC
MSAD #11 WEBSITE
MSAD #11 maintains an official website to provide general information about our District and schools, and information about our educational programs, extracurricular activities and school events. The website is intended to support the educational mission of the schools in the District, to enrich and enhance curriculum and learning opportunities for students and staff, to inform a larger community. The website does not create, nor is it intended to create a public or limited public forum. The website also provides the School Board a medium to publicize its official position on issues related to the schools such as school building projects, proposed school budgets and public policies that affect our schools. The website is an outlet for the official message of MSAD #11 and is not a forum for dissemination of other views. The content of the website shall remain in the exclusive control of MSAD #11, its school board and designated agents. The MSAD #11 Board has adopted guidelines to ensure that the MSAD #11 website is in compliance with applicable laws and meets the highest educational and quality standards. The Superintendent is responsible for implementing this policy, the accompanying guidelines and any additional administrative procedures that may be needed to govern the day-to-day management of the website. The Superintendent may delegate specific responsibilities to the Director of Technology and Webmasters as he/she deems appropriate.
Legal Reference: 20 USC § 1232g; 34 CFR Part 99
20-A MRSA § 6001
17 USC § 101 et seq.
PL 106-554
Cross Reference: EGAD – Copyright Compliance
GCSA - Employee Computer and Internet Use
IJNDB - Student Computer and Internet Use
IJNDC-R - School System Website/Web Pages Administrative Procedure
JRA - Student Education Records
Adopted: June 3, 2004
Revised: May 3, 2007; June 2, 2011
File: IJNDD
DISTANCE LEARNING PROGRAM
MSAD #11 is a member of the Maine Department of Education Distance Learning Network, a network of schools that uses real-time interactive technology to provide expanded educational opportunities to students and staff. This system enables schools across the State to share course offerings, professional development, ideas, and information regardless of the participant’s geographic location.
The DOE Distance Learning Network is to be used for educational purposes consistent with the mission and goals of the schools. The MSAD #11 Board and administration will consider and address distance learning opportunities and issues when reviewing and developing policies, preparing budgets, and planning for curriculum and professional development. The Superintendent is authorized to enter into agreements with other school units regarding the Distance Learning Network.
All users of the DOE Distance Learning Network facility and participants in distance learning programs are expected to comply with applicable MSAD #11 Board policies, procedures, and school rules. Violations of MSAD #11 Board policies, procedures, and school rules may result in loss of privileges to use the facility or participate in distance learning programs, as well as disciplinary sanctions under the applicable policy or rule.
The Superintendent is responsible for implementing the distance learning program, although specific responsibilities may be delegated to administrators or other appropriate staff at the Superintendent’s discretion.
Cross Reference: EGAD – Copyright Compliance
GCSA – Employee Computer and Internet Use Policy
IJNDB – Student Computer and Internet Use Policy
KF – Community Use of School Facilities
Adopted: June 3, 2004
Revised: May 3, 2007
File: IJOA
FIELD TRIPS AND EXCURSIONS
Definitions
A “field trip” shall mean any trip organized or conducted by an employee of the District as an integral part of the school program. Examples include but are not limited to class trips to the theater, to historical sites, or to local business or industry. Field trips are usually completed within one day, preferably during normal school hours.
An “excursion” shall mean any trip organized or conducted by an employee of the school as a nonessential supplement to the school program. Examples include trips by school-sponsored clubs, student exchange programs, and trips planned through the school for special interest groups in or outside of school hours.
Approval
All field trips must be approved by the principal and Superintendent in advance of any advertising of such trip. Field trips or excursions that leave the state or involve an overnight stay require Superintendent approval. Requests for field trip/excursion approval by the Superintendent and MSAD #11Board must be submitted to the building principal at least 30 days prior to the planned event.
A. Approval shall be based upon a written plan submitted to the building principal by the sponsoring employee. Such a plan should include all of the following:
1. Purpose of the trip;
2. Statements of academic value and how the trip/excursion will be evaluated;
3. An itinerary, including estimated times of departure from and return to the school;
4. Modes of transportation;
5. Provisions for food and lodging;
6. Emergency plan for sudden illness or injury;
7. Provisions for adult supervision;
8. Estimated expenses, and
9. Number and grade levels of students expected to participate.
Funding
Because field trips are integral to the instructional program, costs will be paid from District funds.
For excursions, direct payments from the students or their parents may supplement District funds, gifts, and proceeds from fundraising activities. However, it is the intent of the District that every reasonable opportunity be given students to participate in appropriate excursions without limitation due to economic status.
Permission Slips
Written permission must be obtained from a parent/guardian for each student prior to participation in any excursion. Written notice should be given to parents for field trips which require transportation of students or which extend beyond normal school hours.
A list of participants shall be kept in the principal’s office for the duration of each field trip or excursion as an aide to locating students in an emergency.
The MSAD #11 School Board reserves the right to require, at the discretion of the Superintendent, the filing of a waiver of liability signed by a parent/guardian releasing school employees, the MSAD #11 School Board, and the District from liability on any matter connected with field trips or excursions.
Any student for whom permission is not obtained for field trips or excursions shall participate in appropriate alternative activities within the school during normal school hours.
Non-approved Trips
Any employee who is involved with a trip that is not approved under this policy should clearly understand that the participants in this trip may in no way identify their trip with the school or the District. Such employees should understand clearly that they are on their own insofar as any liability claims are concerned. It is the responsibility of such employees to make clear to the student and his/her parents that such a trip or activity has no connection with the school and is not subject to the approval of the MSAD #11 School Board or its administration.
Adopted: October 5, 1995
Revised: December 2003; May 3, 2007
File: IJOA-R
Maine School Administrative District No. 11
Field Trip/Excursion Approval Policy
Attached below is the form to complete and submit.
Use this form for all field trips that take students off the regular school grounds, including walking trips. Field trips/excursions that leave the state or will involve an overnight stay require MSAD #11 Board notification. Please submit 3-4 weeks prior to the event. Other trips require 2 weeks prior notice. (Please print or type the information on the form or attach a separate sheet supplying all the necessary information.)
Type of Transportation: District Bus_____Walk_____Private Bus_____Private Car______
Approvals
Principal Date
Central Office Date
Transportation Date
Board Notification Date
(Required for overnight or out-of-state trips)
(must have copy of proper insurance and waiver claim form on file in Transportation Office)
Other
Departure Time: ________________ Return time in MSAD #11:______________
Number of passengers: ____________Students________________Adults
Please answer all of the following questions and complete the budget information at the bottom of this form. Your proposal must include all available information. Questions that don't apply to your trip should be marked NA.
1. General description of field trip. (Please include your itinerary.)
2. Statement of academic value. (Please be specific and explain how the trip relates to the curriculum.)
3. Rationale for trip selection, (Why was this destination selected? Is there a more local alternative? Are weekends a viable alternative to school days?)
4. What specific follow-up activities will be associated with the field trip?
5. How will this trip be evaluated by students, teachers, and chaperones?
6. How many substitutes will be needed for this trip to occur? For whom?
7 How many volunteer chaperones will assist with the trip?
8. To what degree will the trip be financed by district money?
9. Are all class members included? Yes No
Describe the process and criteria for participant selection, if there are limited openings.
10. What accommodation for food and lodging will be used for participants on this
trip?
11. Other
Clsrm/Bldg Budget* Transportation Budget* Other* Total Cost*
Substitutes
Mileage
Meals
Fees, etc.
Food
Lodging
Please estimate costs using maximum numbers.
Note: For overnight or out-of-state trips, it is strongly suggested that the staff advisor or other representative be present at the board meeting to elaborate on these and/or other questions the board may have.
Adopted 5/3/2007
| Attachment | Size |
|---|---|
| ijoar-msad11 field trip excursion approval form.pdf | 17.82 KB |
MSAD #11 MASTERY AND GRADING POLICY PK-12
Mastery Definition
The mastery of standards in MSAD #11 shows what a student has accomplished. Mastery is the point in a student's learning at which there are clear, observable, and consistent demonstrations of the State of Maine Learning Results and subject area standards. A student mastering a standard can recall and apply this knowledge over time with minimal review and in varied circumstances.
Reporting/Grading Guide
The following guide has been established to guide students, parents, and teachers in determining mastery of individual standards. Student evidence must also be collected to support the determination. This guide will become effective in the 2006/07 school year. All schools all subjects, and all grade levels will use the same Comparison Chart. No pass/fail grades will be used.
Students may be assessed in two categories: academic and non-academic achievement factors. Assessment of these categories will be based on MSAD #11's curriculum standards which are aligned with the Standards and Guiding Principles of the Maine Learning Results. Non-academic achievement factors may include effort, attendance, participation, homework, time on task, behavior, citizenship, preparation, and/or workmanship as defined by specific gradespan criteria. .
Comparison Chart for Reporting Student Performances in Grades PK-12
Content
Standards Rubric
Scale Grade Numeric Grade Letter
E 4.00 98-100 A+
E 3.67 95-97 A
M 3.33 92-94 A-
M 3.00 89-91 B+
M 2.67 86-88 B
M 2.33 83-85 B-
PM 2.00 79-82 C+
PM 1.67 75-78 C
PM 1.33 70-74 C-
DNM 1.00 65-69 F
DNM 0.00 1-64 F
N 0.00 0 F
For Grades PK-12
"E" Exceeds the Standard
• Exceeds expectations related to standard as defined by assessment rubric
• Consistently provides evidence of above-mastery for tasks in subject standards
• Consistently shows advanced application of knowledge to other situations
“M” Meets the Standard
• Meets expectations related to standard as defined by assessment rubric
• Usually provides evidence of mastery for tasks in subject standards
• Usually shows satisfactory application of knowledge to other situations
“P” Partially Meets the Standard
• Occasionally meets expectations related to standard as defined by assessment rubric
• Occasionally provides evidence of mastery for tasks in subject standards
• Occasionally shows satisfactory application of knowledge to other situations
This student is progressing toward meeting expectations related to standard. More time and assistance is needed in helping him/her master the curriculum standards(s).
"DNM" Does Not Meet
• Seldom meets expectations related to standard as defined by assessment rubric
• Has not shown mastery of expectations related to standards
• Seldom shows application of knowledge to other situations
"N" Not Scorable or Not Enough Evidence
There is not enough evidence at this time to determine if the student is meeting the expectations related to the standards.
Students Who Exceed Standards
Should a student excel and achieve mastery of a curriculum standard before other students, the student will be provided with enrichment activities related to the curriculum standard, and/or will be provided the opportunity to move to the next curriculum or academic level.
Students Not Achieving Mastery
Should a student not achieve mastery of a curriculum standard, then , the student may participate in one or all of the following:
• Various interventions including possibilities such as academic tutorial and/or summer school
• Repeat the educational experience (this could mean repeating a lesson, series of lessons, a course, or the entire year's instruction depending on the student's progress, ability, and/or attitude).
If a student does not achieve mastery of a curriculum standard, and does not participate in any or all of the above remediation activities, retention may be necessary in accordance with district Retention/Promotion policy.
If a parent/guardian has refused to support their student's participation in an intervention, then this refusal will be documented.
Parental Involvement
Parental support is crucial in helping children achieve mastery of all curriculum standards. If parents do not agree with the evaluation of their child, they may consult with the child's teacher and school principal.
Recommendations about Assessments
Assessments will align with subject area standards. The final determination of mastery will be based on a collection of evidence. Examples of evidence include: student self-assessments, observations, tests, written and oral assignments, projects, products, and student performance. Teachers will use more than one assessment to check for mastery.
Adopted: June 2, 2005
Revised: Revisions Approved February 2; June 5, 2008
IKAB – Report Cards/Progress Reports
REPORT CARDS/PROGRESS REPORTS
The Superintendent will be responsible for ensuring the development of a system for communicating information regarding student achievement and academic progress to students and parents. This system shall be approved by the MSAD #11 Board. Within this system, grades, proficiency levels, performance notations, narratives, and other forms of reporting should be understandable to parents and should indicate how the student is progressing relative to achievement of the content standards of the Learning Results as well as performance in specific courses or content areas.
As a component of the system, a report card will be issued for each student at regular intervals to be reviewed and signed by the student’s parent/guardian.
Interim progress reports indicating deficiency, need for remedial intervention improvement in performance may be issued at any time.
The principal will provide written notification to students and parents if the student may not qualify for a high school diploma because he/she has not met the required standards.
Cross Reference: IK – Student Achievement/Evaluation of Student Achievement
IKE – Promotion, Retention and Acceleration
ILA – Student Assessment/Local Assessment System
Adopted May 3, 2012
--------------------------------------------------------------------------------
IKE-E FACTORS TO BE CONSIDERED IN RETENTION
When considering whether a student at any level should be retained or promoted, the following factors should be considered by researching the following questions through the utilization of all available resources.
A. Student Achievement
? What is the student’s pattern of achievement in relation to grade level and ability?
? What has been the pattern of academic achievement in the past? i.e. standardized
tests, grades, individual assessments.
? What specific skills does the student lack that would hinder success at the next grade
level?
? Does the student have an existing IEP or 504 plan?
? How do parents feel about achievement and daily performance?
B. Academic Potential
? Does this student possess the academic potential to benefit from retention?
? What valid documentation of academic ability for school learning tasks is available?
? What is the discrepancy between what the student does and what he/she should be able to
do?
? Is there a difference in potential in the various curriculum areas?
? How do the parents assess the student’s academic potential?
C. Attendance
? Has the student’s pattern of attendance (excess absence from school) affected his/her
progress?
? Has the student’s pattern of attendance been consistent over his/her school years?
D. Health
? Have special health problems affected the student’s achievement? (Long or short term
illness)
? Have vision, hearing and other physical characteristics been evaluated to determine
any underlying cause for the student’s status in school.
E. Maturity
? Is the student’s social development compatible with peers at a lower level vs. his/her
peers at grade level?
? Will the student’s future social development create problems?
? Is the student able to accept responsibility for his/her actions, decisions, and school
requirements commensurate with his/her age group?
? A consistent cycle of the student having difficulty at the beginning of a school year followed by increased success later in the year.
? They don’t seem to relate to their peer group.
? They play with students of a younger age.
? A feeling that they have the ability, there’s just something about them that you can’t put your finger on.
? Parents feeling that had they known what they know now, they never would have started them in kindergarten then.
?
F. Physical Size and Age in Relation to Grade Placement
? Will a student’s physical size make him/her stand out among his/her classmates?
? What is the student’s chronological age in relation to grade placement? Is there more
than two years difference?
? Has the student been retained at a previous grade level? What difference has it made?
? What is the student’s projected graduation age if retained?
G. Student Attitude
? How does the student perceive retention?
? What signs are there that the student is overly concerned about how his/her peers will
feel about him/her being retained?
? Does the student understand and accept the need for achievement of skills to advance
to other levels?
? How does the student feel about him/her self? Has this attitude been consistent
throughout school?
? Is there a consistent pattern the student’s relationship with teachers, i.e. personality
clashes, male vs. female authority figures, etc.?
? How is the student’s attitude about school different from his/her attitude about other
things?
H. Parent Attitude Toward Retention
? Do parents fully understand the reasons retention is being considered?
? Are the parents supportive of the need and potential benefits of an additional year at
a specified grade level?
I. Program Options
? What kind of different program, at a particular grade level, can be provided for this
student to insure there will not be a repetition of the same materials and program elements from the previous year if they repeat the grade?
? How will specific skill deficiencies be addressed in order insure mastery and readiness for the next level?
? What appropriate remedial programs are available at the next grade level?
J. Out of School Influences
? How many changes of school has the student experienced? At what grade
levels?
? Will there be siblings in the same grade, class or school if a student is retained?
? Are there family pressures (death, divorce, abuse) that have affected the student’s
learning? Will these conditions change in the next school year?
? How will peer pressure effect the student outside of school?
Cross Reference: IKE – Promotion, Retention and Acceleration of Students
Adopted: 8/2/2007, 3/1/2012
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IKE - PROMOTION, RETENTION AND ACCELERATION OF STUDENTS
The MSAD #11 Board of Directors acknowledges the large body of research that discourages school retention except in very unusual, well-documented circumstances. When considering retention, it should be abundantly clear that such action significantly positions the child for academic or social growth.
It is the MSAD #11 Board’s intent to provide sequential instruction programming that provides the opportunity for students to learn the knowledge and skills that will enable them to meet the MSAD #11 standards at each grade level. The MSAD #11 Board recognizes that at every grade level, there are differences among students in intellectual, physical, social, and emotional development and that individual students may be more proficient in some content areas of the Maine Learning Results than in others. While most students will advance from one grade to another at the end of the academic year, some students may benefit from retention or acceleration. Decisions concerning promotion, retention, or acceleration of a student should be consistent with the best educational interest of that student.
All MSAD #11 educators should be alert to students who may be at risk and to institute Response to Intervention (RTI) as early in the school year as possible. Teachers shall complete necessary documentation for students at risk of retention and hold a parent conference.
Any necessary retention should take place as early in a student’s educational career as possible. Only in unusual circumstances should a child be retained more than once. Records of all retentions or accelerated promotions will be kept in the student's cumulative file.
Considerations
Although other factors may be taken into account, the following considerations will primarily be used in making decisions concerning promotion, retention and acceleration. Refer to IKE-E for further explanation of the considerations below.
A. Achievement of the content standards of the Learning Results, as demonstrated through classroom assessments, common assessments, or standardized tests; Participation and successful growth in intervention programs, tutoring, summer school, and/or other opportunities for success;
B. Significant benefit from repetition of a grade or learning experiences; Potential for success if accelerated;
C. Attendance;
D. Health;
E. Social and emotional maturity;
F. Physical size and age in relation to grade placement;
G. Student attitude towards retention;
H. Parental attitude towards retention;
I. Program options;
J. Out of School Influences;
Retention
As much as possible, retention in grades K-8 will be decided through conferences involving the student, parents, the principal, teachers, and guidance counselor. Other professional staff will participate as appropriate. If consensus cannot be reached, the final decision will rest with the principal. Parents will be notified as early as possible that retention is being considered, and except in very unusual circumstances, no later than March 15.
Advancement to the next grade may be made conditional on successful remediation or demonstrated proficiency within a specified period of time. A parent who is dissatisfied with the principal’s decision may appeal to the superintendent. The superintendent’s decision shall be final.
Acceleration
Decisions regarding acceleration shall be made by the principal in consultation with the student’s teacher(s), the coordinator of gifted and talented education, the parent, the classroom teacher, the guidance counselor and other professional staff as appropriate. A parent who is dissatisfied with the principal’s decision may appeal to the superintendent. The superintendent’s decision shall be final.
Transfer Students
For students who transfer into the school system from another state or educational program not required to meet the content standards of MSAD #11, the principal will determine the substance of the student’s prior education experience for the purpose of grade placement or the fulfillment of credits.
Legal Reference: Ch. 127 (ME. Dept. of Ed. Rule)
Cross Reference: IK- Student Achievement
IKA-Grading/Academic Assessment
IKAB-Report Cards/ Progress Reports
IKF-Graduation Requirements
ILA-Student Assessment/Local Assessment System
Adopted: Prior to 1985
Revised: April 7, 1986; May 5, 1994; August 2, 2007, March 1, 2012
File: IKF
GRADUATION REQUIREMENTS
With the implementation of Maine’s system of Learning Results, the MSAD #11 Board recognizes the need to establish minimum standards for the awarding of a high school diploma that are consistent with State law and regulations and with community educational values and expectations.
The Superintendent, through the high school principal or other designee, shall be responsible for making accurate information concerning diploma requirements available to incoming students and their parents prior to the start of their ninth grade school year. A copy of this policy will be disseminated to all incoming ninth grade students at the time of course selection. This policy will also be included in every edition of the high school student handbook.
The MSAD #11 Board has approved this schedule of minimum requirements for graduation.
In order for a student to be considered a full time student at Gardiner Area High School he/she must be enrolled and actively participating in a minimum of five credits per semester. Students must accumulate a total of twenty-two (22) Carnegie units to graduate. It is recommended that students focus on scheduling and completing the following courses, which are required of all students for graduation, prior to scheduling elective courses.
• 4 credits of English (Grade 9, Grade 10, American Literature)
• 3 credits of Social Studies (World History, U.S. History, American Studies)
• 3 credits of Mathematics (Algebra I, Geometry, Algebra II)
• 3 credits of Science (Investigating Science, Biology, ½ credit in Chemistry & ½
credit in Physics)
* Students who take AP Biology, Lab Chemistry, AP Chemistry, Lab Physics, and/or Exploring Engineering will need to successfully complete both part I & part II of the course(s) in order to meet the graduation requirement. *
• 1 credit of Fine Arts
• 1/2 credit of Health
• 1 credit of Wellness (Wellness I and Wellness II)
• 1 credit of Career Essentials (Career Preparation, Life & Work or Jobs for Maine’s Graduates)
• 60 hours of Community Service (15 hours per year of attendance at GAHS)
The Board recognizes that Maine law provides that a secondary school may award a high school diploma, provided that certain requirements are met, to a person who left secondary school before graduating to serve in the Armed Forces during World War II or in the Korean Conflict, or to serve in the Armed Forces during the Vietnam Era (February 28, 1961 – May 7, 1975).
The Board authorizes the Superintendent to develop and implement procedures regarding applications for diplomas, including timelines, and for determining whether veterans have met the criteria established by law. The Superintendent may also determine the time and manner in which a veteran’s diploma may be presented.
Legal References: Title 20-A MRSA § 4722, 6202-A
Ch. 125, 127, 131 (Maine Department of Education Rules)
Commissioner's Information Letter #25-11/15/2002
Cross References: IKFA - Early Graduation
ILA - Tests and Assessment
IKE – Promotion, Retention and Acceleration of Students
Adopted: March 7, 1985
Revised: August 1986; May 1994; April 1995; May 1995; April 1996; March 2004; May 3, 2012
File: IKFA
EARLY GRADUATION
The MSAD #11 Board recognizes that students may need more or fewer than the typical four years of high school to meet the requirements for a high school diploma. For the purpose of this policy, “early graduation” refers to graduation that occurs prior to the completion of the traditional four years of high school.
A student may complete graduation requirements in fewer than four years of study. A student who has otherwise met all credit, course, and other requirements established by the State and the MSAD #11 Board may receive a high school diploma at the end of the school year in which he/she has qualified to do so. For students anticipating graduating under this policy at the end of the 2008/09 school year or later, diploma requirements include demonstrated achievement of the applicable content standards of the system of Learning Results.
Before registering for the year in which early graduation is anticipated, the student and parent/guardian must notify the high school principal, in writing, that they wish the student to complete his/her high school requirements at the conclusion of that school year.
After this notification but prior to registering for courses, the student and parent/guardian must complete a conference with the principal/designee and guidance counselor to discuss the request.
It is the belief of administration and staff at Gardiner Area High School that the majority of students greatly benefit by experiencing the traditional four years of high school. We realize, however, that extenuating circumstances may require that a student complete graduation requirements early. We are open to that concept, providing the following criteria are met:
1. The student petitioning for Early Graduation must be at least a second semester sophomore.
2. The student must be on track to earn a minimum of 14 credits by the end of his/her sophomore year. Failure to achieve this requirement will result in any existing approval for Early Graduation being revoked.
3. The student must not have a grade lower than “C” in any required course at the time of application.
In addition, the following documents must be submitted to the student’s guidance counselor:
1. A detailed essay addressing the reasons that Early Graduation is being sought, as well as, an outlined plan to meet all graduation requirements.
2. A plan for post-graduation that includes goals and objectives.
3. A letter from a parent/guardian supporting the application.
Following submission of application material, a meeting will be held between student, parent/guardian, guidance counselor, principal, and advisor to discuss the merits of the application. Should the application be approved, the following requirements will be instituted:
1. All courses required for graduation unless otherwise approved by the principal must be taken at Gardiner Area High School Day School Program, and a minimum “C” average must be maintained in these courses.
2. Quarterly meetings will be held with the student’s guidance counselor to monitor progress. A student’s plan may be terminated or adjusted at any meeting if criteria are not being met.
This policy will take effect beginning with the graduating class of 2009.
The student will be awarded a high school diploma at the conclusion of the school year if all courses have been successfully completed, the student has met any applicable content standards of the system of Learning Results, and if the student and parent/guardian approve at that time.
Delayed Awarding of Diplomas
Students who leave school prior to completion of four years of high school, to enroll in an accredited institution of higher learning from which credits are transferred back to the high school, are also eligible to receive a high school diploma after all credits have been earned. Prior to the conclusion of the final school year in which the student is enrolled, the student and parent/guardian will notify the high school principal in writing that they wish the student to complete his/her high school requirements at an institution of higher learning in which the student has been accepted. The student and parent/guardian will confer with the principal and guidance counselor to agree on a course of study that will fulfill high school diploma requirements, including applicable content standards of the system of Learning Results. On successful completion of the course of study, the student will be awarded a high school diploma.
Cross Reference: IKF – Graduation Requirements
Legal Reference: 20-A MRSA §§ 4721(5); 6202
Ch. 127 § 7.02 (B), (C)
Adopted: June 31, 1971
Revised: January 8, 1976; May 5, 1994; May 3, 2007; November 6, 2008;
November 4, 2010
File: IKFC
CREDIT FOR FOREIGN EXCHANGE EXPERIENCES
Recommendations for students to enroll in a foreign exchange program will be made prior to the end of the school year preceding the semester or school year of the anticipated program participation. Recommendation is contingent upon the student having made arrangements for completion of the District’s graduation requirements.
Before a recommendation is made, a conference will be held involving the student, parent/guardian, principal, and guidance counselor.
The high school principal shall determine through the local assessment system the value of the student’s foreign exchange experience for the purpose of a) transfer of credits or courses to the student’s record, and b) determining progress toward achievement of the content standards of the system of Learning Results.
Cross Reference: IKF – Graduation Requirements
Adopted: August 3, 1972
Revised: August 7, 1986; May 5, 1994; May 3, 2007
File: IL
EVALUATION OF INSTRUCTIONAL PROGRAMS
The evaluation of the instructional program shall be the responsibility of the Superintendent and his/her staff, with periodic reports being presented to the MSAD #11 Board to enable informed judgments to be made concerning the success of the program and to identify areas in which improvement is needed. As no particular program should be regarded as the “final answer,” evaluation of the instructional program should be considered an ongoing process.
The Superintendent is expected to lead administrators and staff in evaluating the instructional program in light of State standards for student achievement and in the development of local criteria and standards by which the results of the instructional program may be measured. Evaluation of the instructional program shall take into consideration data obtained through the local assessment system and other relevant sources.
Cross Reference: ILA – Student Assessment/Local Assessment System
Adopted: May 3, 2007
File: ILA
STUDENT ASSESSMENT/LOCAL ASSESSMENT SYSTEM
Maine law requires that every school board adopt and fully implement by the end of the 2003-2004 school year a local assessment system as the measure of student progress toward achievement of the content standards of the system of Learning Results.
A “local assessment system” is defined as a coordinated collection of assessments administered to students that, as a whole, provides information on individual students, the school, and the school administrative unit with respect to achievement of the content standards of the system of Learning Results.
Through this policy, the Board adopts and directs the Superintendent to implement the MSAD #11 Local Assessment System.
The purpose of the Local Assessment System is to provide information that will be used to guide and enhance classroom instruction, monitor student progress, and certify student achievement with respect to the school system curriculum and Maine's Learning Results. In addition, the Local Assessment System is designed to provide valid and reliable information on student achievement in order to evaluate educational programs and practices and to make informed decisions related to curriculum and instruction, professional development, and the allocation of resources to better meet student’s needs.
The Local Assessment System may also be used to identify specific learning problems, individual learning styles, and for other purposes related to individual student learning and achievement. The Local Assessment System may be expanded to incorporate other relevant information that affects the success of students, including student attendance data, dropout rates, student participation in co-curricular and extracurricular activities, and post-secondary survey data.
The following general principles apply to the Local Assessment System.
A. Assessment will be aligned with the curriculum and with the performance indicators of the content standards of the Learning Results.
B. The Local Assessment System will use multiple measures of student learning for each grade span (K-4, 5-8, and 9-12). The assessment measures should be developmentally appropriate for the age span.
C. The System is intended to provide for a fair and equitable opportunity for students to demonstrate knowledge and understanding.
D. The System will include at a minimum classroom, school, school administrative unit, and state levels of assessment.
E. Neither the New England Common Assessment Program (NECAP) nor a commercially produced test may be the only measure of student achievement.
F. Effort shall be made to see that testing contributes to the learning process rather than detracts from it.
G. Accommodations may be made in an assessment based on the needs of a student as established in the student's Individualized Education Plan or Section 504 plan.
The Board recognizes that teachers and school administrators will be primarily responsible for administering assessments and for collecting, organizing, and interpreting information. School personnel should be appropriately trained to develop, use, and adapt assessment data.
The Superintendent will be responsible for implementing a record-keeping and reporting system that will be used to provide understandable information to the Board and to students, parents, teachers/professional staff, administrators, and the community. Data will be presented in a way that conveys school and school unit performance on the content areas of the system of Learning Results and allows for comparison to statewide performance.
Legal Reference: 20-A M.R.S.A. § 6201-6205
Ch. 125 &127 (Me. Dept. of Ed. Rules)
Basic School Approval Rules
Cross Reference: ADF – School System Commitment to Learning Results
IK – Student Achievement/Evaluation of Student Achievement
IKAB – Report Cards/Progress Reports
IKE – Promotion, Retention, and Acceleration of Students
IKF – Graduation Requirements
Adopted: May 5, 1994
Revised: June 3, 2004, May 3, 2012
File: ILD
EDUCATIONAL RESEARCH: STUDENT SUBMISSION TO SURVEYS, ANALYSIS, OR EVALUATIONS
In this policy, “surveys, analysis, or evaluations” refer to methods of gathering data for research purposes.
No student shall be required as part of any program wholly or partially funded by the U.S. Department of Education to submit to any survey, analyses, or evaluation that reveals information concerning:
A. Political affiliations or beliefs of the student or the student’s parent;
B. Mental or psychological problems of the student or the student’s family;
C. Sex behavior or attitudes;
D. Illegal, anti-social, self-incriminating, or demeaning behavior;
E. Critical appraisals of other individuals with whom respondents have close family relationships;
F. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
G. Religious practices, affiliations, or beliefs of the student or student’s parents; or
H. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program without the prior written consent of the student’s parent/guardian, or of the student, if he/she is 18 years of age or older.
All instructional materials, including teachers’ manuals, films, tapes, or other supplementary material which will be used in connection with any such survey, analysis, or evaluation shall be available upon request for inspection by the student’s parent/guardian. For the purpose of this policy, “instructional material” does not include academic tests or assessments.
A parent may inspect, upon request, a survey created by a third party before the survey is administered or distributed to a student.
The Superintendent/designee will be responsible for implementing any procedures necessary to protect the privacy of participating students and to provide parents with access to surveys within a reasonable time before administration or distribution.
The school district will notify parents of this policy at least annually at the beginning of the school year and within a reasonable time of any substantive change in policy. Insofar as practicable,* the school district will also directly notify parents annually at the beginning of the school year when surveys, analysis, or evaluations are scheduled or anticipated. Parents shall have the opportunity to opt their child out of participation in any survey, analysis, or evaluation. Students who are 18 years of age or older may opt out of such surveys, analyses, or evaluations.
[*NOTE: “Insofar as practicable” acknowledges that there may be circumstances in which a research request is made or is approved only after the school year has begun. When this occurs, the school unit should notify parents far enough in advance for them to access surveys and related instructional materials and to opt their children out, if desired.]
Legal Reference: 20 U.S.C. § 1232(h)
Cross Reference: JRA—Student Educational Records
Adopted: May 3, 2007
File: IMB
TEACHING ABOUT CONTROVERSIAL/SENSITIVE ISSUES
American academic tradition stresses the free contest of ideas as a vital element both in the development of curriculum and in classroom teaching.
Teaching Controversial Issues
Training in reflective and responsive thinking, may be incorporated in course offerings at all grade levels. This training is impossible, or at least severely hampered, if the community does not respect the principles of freedom and recognize that dissent does not necessarily mean disloyalty. However, one form of dissent which is incompatible with freedom is that which attempts to end freedom. Irrational fears do just this, and thereby may block the school in its efforts to handle controversial issues in an atmosphere of freedom and thoroughness.
A. It is the responsibility of the schools to make provision for the study of controversial issues.
1. The policy on controversial issues should be defined in terms of the rights of students rather than in terms of the rights of teachers.
2. The study should be emphasized in the high school, when most students are mature enough to study the significant controversial issues facing our society.
3. The study should be objective and scholarly with a minimum emphasis on opinion and a maximum emphasis on facts.
B. In the study of controversial issues the students have the following rights:
1. The right to study any controversial issue which has political, economic, or social significance and concerning which (at the appropriate level) he/she should begin to have an opinion;
2. The right to have free access to all relevant information;
3. The right to form and express opinions on controversial issues without thereby jeopardizing relations with the teacher or the school; and
4. The right to study under competent instruction in an atmosphere free from bias and prejudice.
C. The teacher employs the same methods in handling controversial issues as characterize the best teaching at any time.
1. The teacher, in selecting both the content and the method of instruction, is mindful of the maturity level of the students.
2. The teacher has assured him/herself that the controversial subject to be discussed belongs within the framework of the curriculum to be covered, that the subject is significant as well as meaningful for the students, and that through the discussion, students will have the opportunity to grow.
3. The teacher handles the classroom presentation in ways which will ensure a wide range of information and interpretation for the students’ consideration and strives to present a balance among many points of view.
4. The teacher does not use the classroom as a personal forum. He/she does not employ the techniques of the demagogue or the propagandist for attention, for control, or simply for color. The teacher has the right to identify and express his/her own point of view in the classroom as long as he/she indicates clearly that it is his/her own.
5. The teacher emphasizes keeping an open mind, basing one’s judgment on known facts, looking closely at facts to evaluate them in terms of the subject under discussion, and being ready to change one’s opinion should new facts come into light.
6. The emphasis always is on the method of forming an opinion as much as on the opinion formed.
Adopted: April 14, 1988
Revised: August 7, 1986; May 5, 1994; May 3, 2007
File: IMBAA
ALTERNATIVES TO BIOLOGICAL DISSECTION
The MSAD #11 Board recognizes that divergent opinions exist among parents and students regarding the appropriateness of using dissection as a means of achieving certain instructional goals in the biological sciences. Therefore, in order to ensure that legitimate objections to dissection are taken into account while at the same time protecting the integrity of the instructional program, the following procedure shall be observed:
A. In instances where students and/or parents object to dissection on ethical or moral grounds, a written request from the parents of the student wishing to be excused from dissection shall be submitted to the teacher in whose class the dissection is to occur. The request shall state the reasons for requesting that the student be excused from dissection.
B. The teacher, in consultation with the Principal, shall review the request. Those reviewing the request may wish to schedule an interview with the parent(s) and/or student in order to gain information needed to reach a decision.
C. If the request is approved, an alternative activity, closely related and of comparable rigor, will be assigned in lieu of the laboratory dissection. The alternatives may include such activities as computer simulations and research.
D. If the request is disapproved, the parent(s) may appeal the decision in accordance with the MSAD #11 School Board’s policy.
E. The student will be responsible for and evaluated on the material covered in the alternative activity.
F. The alternative activity will carry credit equivalent to the dissection activity.
G. The Superintendent will ensure that sufficient means are put in place to annually inform students and parents about the availability of alternatives to dissection and the procedure for requesting such alternatives.
Adopted: May 3, 2007
File: IMBB
EXEMPTION FROM REQUIRED INSTRUCTION
The curriculum of the school district is designed to reflect the learning expectations for all students in all content areas of the system of Learning Results, as well as other statutory and regulatory requirements and content areas specified by the Board.
The MSAD #11 Board acknowledges that from time to time individual students may be exposed to some ideas and materials with which they or their parent(s)/legal guardian disagree. Students and their parent(s)/legal guardian cannot be required to adopt ideas with which they disagree, but such disagreement alone is not a sufficient basis to exempt a student from the prescribed curriculum. Exemptions from the required curriculum should be minimized because they can detract from the overall instruction provided to the class as a whole and the educational objectives sought to be achieved by the curriculum.
The MSAD #11 Board recognizes, however, that there could be topics in the curriculum which may be objectionable to individual students and/or parent(s)/legal guardian based on their particular sincerely held religious, moral or philosophical beliefs. Exemption from instruction which infringes on such beliefs may be requested by the parent(s)/legal guardian.
Requests for exemption from instruction must be made in writing to the building Principal and are subject to the approval of the Principal. The Principal shall notify the Superintendent as soon as practicable of any request for exemption from instruction and of his/her decision. If the Principal denies an exemption request, the parent(s)/legal guardian may appeal to the Superintendent.
In considering requests for exemption, factors that the Principal should consider may include:
A. The alignment of the curriculum with the system of Learning Results;
B. Whether the course or content area is required by state law or Board policy;
C. The educational importance of the material or instruction from which exemption is requested;
D. Evidence regarding the sincerity of the belief on which the request is based;
E. Whether the school has a legal obligation to accommodate the exemption request;
F. The effect of exemption or accommodation on the validity of the local assessment system; and
G. Other factors that bear upon the particular request.
Exemption from required instruction does not excuse the student from meeting the requirements of the Learning Results or from total credit hours or other requirements for graduation, or from performing alternative work.
When the Principal determines that the curriculum that has been aligned with the system of Learning Results conflicts with sincerely held religious beliefs of a student or his/her parent or legal guardian, reasonable accommodation in the curriculum shall be made for the student, within the scope of existing resources. Alternative instruction may be provided by the school or through approved independent study. Any alternative instruction shall be approved in advance by the Principal in consultation with appropriate instructional staff and shall meet the standards and objectives of the part of the curriculum that is being replaced. When requests for exemption from required curriculum are made for religious reasons, a parent/guardian who is dissatisfied with the Principal’s decision may appeal to the Superintendent. If the accommodation in the curriculum that is requested is so great that the validity of the local assessment system is compromised, the Superintendent will determine how to address the situation, subject to the approval of the Commissioner.
When a student is exempted from any portion of the regular curriculum for other than religious reasons (exemption based on sincere philosophical or moral beliefs), the staff will make reasonable efforts, within the scope of existing resources, to accommodate alternative instruction for the student. Alternative instruction may be provided by the school or through approved independent study. Any alternative instruction shall be approved in advance by the Principal in consultation with the classroom teacher, and shall meet the standards and objectives of the part of the curriculum that is being replaced. When requests for exemption are made for philosophical or moral reasons, a parent/guardian who is dissatisfied with the Principal’s decision may appeal to the Superintendent and appeal to the MSAD #11 Board in the event that a parent/guardian is dissatisfied with the Superintendent’s decision.
Legal Reference: 20-A MRSA § 6209
LD 1536, Chap. 51 Resolves
Ch.. 127 § 3.07 (Me. Dept. of Ed. Rules (Me. Dept. of Ed. Rules)
Ch. 131 (Me. Dept. of Ed. Rules)
Cross Reference: ADF – School District Commitment to Learning Results
IJJ – Instructional and Library Material Selection
IMB – Teaching About Controversial/Sensitive Issues
IMBAA – Alternatives To Biological Dissection
Adopted: December 6, 2001
Revised: May 3, 2007
File: IMDA
PATRIOTIC EXERCISES
Maine law requires display of and instruction about the American flag in the classrooms of our schools.
In order to foster appreciation and respect for the flag as a symbol of our nation, the Pledge of Allegiance will be recited each morning and at assemblies and other appropriate occasions in every school. It is the responsibility of the Superintendent, through each building principal, to ensure that this policy is implemented. The building principal may determine how the Pledge will be initiated, such as by individual teachers or by intercom.
Individual students may decline to participate in the Pledge of Allegiance. Students who do not participate must remain quiet and refrain from disruptive or distracting behavior while the Pledge is being recited.
Teachers may not be compelled to recite the Pledge of Allegiance, but they are not excused from the duties to initiate and supervise student recitation of the Pledge as assigned by the principal nor from implementation of curriculum that promotes honor and respect for the flag and our country.
Legal Reference: 20-A MRSA §§ 1055, 4805
Cross Reference: IMDB – Flag Displays
Adopted: May 3, 2007
File: IMDB
FLAG DISPLAYS
In accordance with Maine state law, the United States and Maine flags are to be displayed from the public school buildings of this school district every school day and on appropriate occasions. Further, the American flag is to be displayed in every classroom in each public school in the district.
The Superintendent is responsible to furnish each school and facility accordingly, and to recommend to the MSAD #11 Board annually the amount of expenditure necessary to provide sufficient flags and flagstaffs. This MSAD #11 Board shall appropriate the necessary funds.
Legal Reference: 20-A MRSA §§ 1055, 4805
Cross Reference: IMDA - Patriotic Exercises
Adopted: January 1998
Revised: May 3, 2007
File: IMG
ANIMALS IN SCHOOL
The presence or use of live animals in the District’s schools must be directly related to the objectives of the instructional program.
The following guidelines shall apply to the presence or use of animals in schools.
A. No animals are allowed at MSAD #11 approved events without the express written permission of the school’s principal. Written permission must also be obtained from the principal before animals are brought to school by any person. If students wish to bring domesticated animals (pets) to school for educational purposes, they must consult with their teacher(s) who, in turn, will request permission from the principal. Animals may not be transported in school vehicles.
B. The teacher should notify parents of planned use of animals in the classroom so that student and staff allergies may be considered. If a student or staff member exhibits an allergic reaction, the animal should be removed.
C. No pets will be allowed in school unless proof of current rabies vaccination (if appropriate) is provided.
D. No wild animals will be allowed in school unless under the control of an individual trained in the care and management of the animal and properly licensed by state or federal agencies as appropriate (i.e., zookeepers, veterinarians, biologists). Students will not be permitted to handle wild animals.
E. All animals brought to school/school events must be supervised and restrained by the owner/handler. The teacher is responsible for the proper supervision and control of students whenever there is an exhibit or activity involving animals in school.
F. If a student is bitten/injured by an animal on school premises, the principal/designee, school nurse/physician, and parent/guardian must be notified as soon as possible. If a staff member or visitor is bitten/injured, the principal/designee must be notified. The principal/designee must notify appropriate public health authorities and the Maine Department of Human Services, Bureau of Health, of each incident.
G. If a stray or wild animal appears on school grounds, children shall not be allowed in the area until the animal has left the premises or is removed by the local animal control officer, game warden, or other appropriate official.
H. Animals kept in classrooms must be housed in appropriate containers and cared for in a safe and humane manner. Only the teacher or students designated by the teacher are to handle these animals. If animals are to be kept in the classroom on days when classes are not in session, arrangements must be made for their adequate care at all times.
I. No animal may be used as part of a scientific experiment or for any other purpose in which the normal health of the animal is interfered with or where pain or distress is caused. No person may practice vivisection or exhibit a vivisected animal in the schools. Dissection of dead animals shall be confined to the classroom and to the presence of students engaged in the study of dissection and shall not be for the purpose of exhibition.
The MSAD #11 Board recognizes that service animals are used to assist individuals with disabilities. This policy does not apply to service animals that have been or are being specially trained for this purpose. The Superintendent/Section 509 Coordinator shall be responsible for developing a plan to incorporate the use of a service animal into the educational program of a student with a disability or to accommodate a school unit employee with a disability.
Legal Reference: 7 MRSA § 3971
22 MRSA §§ 801-825
Cross Reference: JLCE - First Aid and Emergency Medical Care
JLCE-R - First Aid Procedures
Adopted: November 1997
Revised: May 3, 2007; April 3, 2008; October 2, 2008
SERVICE ANIMALS IN SCHOOLS
The Board recognizes that service animals may be used to provide assistance to some persons with disabilities. This policy governs the presence of service animals in the schools, on school property, including school buses, and at school activities.
DEFINITION
As applied to schools, federal and Maine law define a "service animal" as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition.
The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such work or tasks include, but are not limited to, assisting an individual who is totally or partially blind with navigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.
The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.
USE OF SERVICE ANIMALS IN SCHOOLS
Use of a service animal by a qualified student with a disability will be allowed in school when it is determined that the student's disability requires such use in order to have equal access to the instructional program, school services and/or school activities.
Use of a service animal by a qualified employee with a disability will be allowed when· such use is necessary to enable the employee to perform the essential functions of his/her job or to enjoy benefits of employment comparable to those of similarly situated non disabled employees.
The parent/guardian of a student who believes the student needs to bring a service animal to school, or an employee who wishes to bring a service animal to school, must submit a written request to the building principal. The building principal, in consultation with the Section 504 Coordinator or Director of Special Services, as appropriate, and the Superintendent will determine whether or not to permit the service animal in school.
Before a service animal shall be permitted in school or on school property, the student's parent or the employee must provide:
A. A description of the function(s) the service animal is expected to perform in assisting the person with a disability;
B. Documentation of liability insurance;
C. A copy of the animal's current license and tag identifying it as a service animal (if applicable);
[NOTE: 7 M.R.S.A. § 3922(4) requires written evidence that a dog meets the definition of "service dog"(with "written evidence" meaning a service dog certification form approved by the Maine Department of Agriculture) in order to register or license a service dog for the first time in a municipality and obtain the tag that identifies the animal as a service dog. ]
D. Current certification from a veterinarian that the animal is in good health; E. Proof of current rabies vaccination;
F. Certification of the service animal's training by a recognized agency or organization and/or demonstration of training; and
G. Evidence that the student or employee can appropriately supervise, care for, and control the animal at school, or, depending upon the circumstances involved, that there is a plan for some other person [OR: a handler], other than school unit staff, to be present to care for and control the animal.
Parents or animal handlers who will be present in school for the purpose of assisting a student with his/her service animal will be required to submit to a sex offender registry and criminal background check. In addition, parents and handlers must comply with all standards of conduct that apply to school employees and volunteers.
The school unit may impose additional conditions on the presence of a service animal, depending upon the circumstances.
The building principal may remove or exclude a service animal from the school or school property if:
A. The presence of the animal poses a direct threat to the health and safety of others;
B. The animal significantly disrupts or interferes with the instruction program, school activities, or student learning;
C. The presence ofthe animal would require a fundamental alteration of any school program;
D. The student, employee or handler is unable to fully control the animal;
E. The student, employee or handler fails to appropriately care for the animal, including feeding, exercising, taking outside for performance of excretory functions, and cleaning up;
F. The parents or employee fails to provide the required documentation; and
G. The animal fails to consistently perform the function(s)/service(s) for which it has been trained and brought to school.
A parent or employee whose service animal has been removed or excluded may appeal the decision to the Superintendent. If dissatisfied with the Superintendent's decision, the parent or employee may appeal to the Board.
SERVICE ANIMALS AT SCHOOL-SPONSORED EVENTS
Individuals with disabilities may be accompanied by their service animals to events or activities open to the public that are held in schools or on school property. The use of a service animal may not be conditioned on the payment of a fee or security deposit, but the individual is liable for any damage done to the premises or facilities by such an animal.
The building administrator may revoke or exclude the service animal only if the animal poses a direct threat to the health and safety of others, the use of the animal would result
in substantial physical damage to the property of others, or would substantially interfere with the reasonable enjoyment of the event or activity by others.
Legal Reference: 42 USC § 12101 et seq.
36 CFR § 104, 302
5 :MRSA §§ 4553, 4592
Me. Human Rights Commission Rule Chapter 7
Cross References AC- Nondiscrimination, Equal Opportunity, and Affirmative Action
IMG - Animals in Schools
Adopted: April 5, 2012
Choose a policy from the list below.
File: JCAA
School Attendance Boundaries
The MSAD #11 School board shall annually review School Attendance Boundaries taking into account school capacities, enrollment data, geographic features, student safety, special educational programs, and student transportation times.
In order to make efficient use of facilities and to plan for equitable school organization, operation, and administration, the MSAD #11 School Board shall establish attendance boundaries for each elementary school, Gardiner Regional Middle School and Gardiner Area High School.
Attendance boundaries are established to maximize efficient use of existing MSAD #11 school facilities and avoid overcrowding conditions. Factors which may influence boundary decisions include: growth or decline or school-aged population, density of population, capacities of existing buildings, and projected future residential development.
When analyzing attendance boundary adjustments the following factors should be taken under consideration to the extent possible and feasible.
1. Balance student populations among existing schools.
2. Optimize the use of existing facilities.
3. Consider the potential long-term impact of residential
developments either planned or under construction in a
given school attendance area.
4. Maintain the “Neighborhood School Concept".
5. Avoid multiple school moves for students.
6. Avoid boundary adjustments resulting in schools
becoming socio-economically or special needs identifiable.
7. Consider options to house students, including but not limited to:
-Reassignment of grade level or levels to another school site.
-Reassignment of special education programs to other schools.
-Reassignment of other programs (four year old program) to other schools.
8. Student Transportation Times
On or before the first MSAD #11 School Board meeting in May, the Superintendent will make a recommendation to the MSAD #11 School Board for boundary changes for the following school year. On or before the first MSAD #11 School Board meeting in June, the MSAD #11 School Board shall adopt any boundary changes for the following school year.
Adopted: March 2, 2006
File: JCD
MSAD #11
Limited Open Enrollment for Elementary Schools
The MSAD #11 School Board offers limited school choice to parents and families of elementary students, after assurance that ample space exists for resident students, in the following situations:
o No Child Left Behind (NCLB) School Choice Option
o Administrative Transfers when determined to be in the best interest of the student (transportation not provided)
o Parental Choice
Though the district supports limited parental choice, it is not a guarantee. Approval will be based on the MSAD #11 School Board Class Size Policy IIB and on what is determined to be in the best interest of all the students. The following conditions also restrict the opportunities for Open Enrollment:
o Space must be available at the requested school.
o Approvals are for one year only and will be reviewed annually.
o Parents must provide transportation.
o Requests are based on a first-come, first-serve basis.
o Parents complete a School Choice Form and submit it to the Superintendent’s Office. School Choice Forms are available at any school office, in the Superintendent’s Office or on the MSAD #11 website.
o Parents must complete a separate School Choice Form for each student.
o Siblings are only admitted when there is space above and beyond what is needed to accommodate resident students.
o Approvals will not occur until the week prior to the start of each new school year.
Continued Enrollment in a Non-Neighborhood School
If a student is enrolled in a non-neighborhood school and continued enrollment at that school is desired, a School Choice Form need not be completed. Once enrolled in a non-neighborhood school, students and their siblings receive priority at the school for enrollment over all other open enrollment applications. If, for any reason, the school is unable to permit continued enrollment due to enrollment and class sizes, the parents will be notified. This provision also applies to students whose non-neighborhood school status is the result of a family change of residence within the district.
As required by the NCLB law, a student who is permitted to attend a non-neighborhood school under the NCLB School Choice Option must remain in that school for the entire school year and will automatically be permitted to remain enrolled in that school regardless of enrollment and class sizes.
File: JCD
Returning to Neighborhood School or Changing Schools After a School Year Has Begun
Students who elect to begin a given academic year at a school other than their neighborhood school may be refused enrollment at their neighborhood school for the balance of the same academic year due to restricted space availability.
Displaced Students
Due to overcrowding, a student may be requested to enroll in a school that is not their assigned neighborhood school. In such cases, students have the right of continued enrollment at their new assigned school and it is treated as their neighborhood school. If there is interest to return to their assigned neighborhood school when space becomes available, the Superintendent should be contacted no later than March 1.
Cross References: IIB - Class Size
Application Form
Adopted: August 2, 2012
| Attachment | Size |
|---|---|
| JCD Open Enrollment Form.pdf | 43.4 KB |
File: JEA
COMPULSORY ATTENDANCE
Under state law, full-time school attendance is required of all children from their 7th to their 17th birthday except:
A. A person who graduates from high school before their 17th birthday;
B. A person who has:
1. Reached the age of 15 years or completed the 9th grade;
2. Permission to leave school from that person's parent;
3. Been approved by the principal for a suitable program of work and study or
training;
4. Permission to leave school from the MSAD #11 Board or it designee;
5. Agreed in writing with that person's parent and the MSAD #11 Board or its
designee to meet annually until that person's 17th birthday to review that
person’s educational needs. When the request to be excused from school has
been denied pursuant to this paragraph, the student's parent may appeal to the
Commissioner; or
C. A person who has matriculated and is attending an accredited, post-secondary,
degree-granting institution as a full-time student. An exception to the attendance in
public school under this paragraph must be approved by the Commissioner.
Alternatives to Attendance at Public Day School
A. Equivalent instruction alternatives are as follows:
1. A person shall be excused from attending a public day school if the person obtains equivalent instruction in:
a. A private school approved for attendance purposes pursuant to 20-A MRSA § 2901;
b. A private school recognized by the department as providing
equivalent instruction;
c. A home instruction program that complies with the requirements of
20-A MRSA § 5001-A(3)(A)(4); or
d. Any other manner arranged for by the MSAD #11 Board and
approved by the Commissioner.
B. A person may be excused from attendance at a public day school pursuant to 20-A MRSA § 5104-A (other public or private alternative programs) or § 8605 (student attendance in adult education courses).
Credit for Attendance at a Private School
A student shall be credited with attendance at a private school only if a certificate showing the name, residence and attendance of the person at the school, signed by the person or persons in charge of the school, has been filed with the school officials of the administrative district in which the student resides.
Discontinuation of Home Instruction
If the home instruction program is discontinued, students of compulsory school age must be enrolled in a public school or an equivalent instruction alternative as provided for by law. The receiving school shall determine the placement of the student. At the secondary level, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards of Maine's system of Learning Results.
Excusable Absence
A person's absence is excused when the absence is for the following reasons:
A. Personal illness;
B. An appointment with a health professional that must be made during the regular school day;
C. Observance of a recognized religious holiday when the observance is required during the regular school day;
D. A family emergency;
E. A planned absence for a personal or educational purpose that has been approved;
F. Education disruption resulting from homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a medical emergency, foster care placement, youth development placement or some other out-of-district
placement that is not otherwise authorized by either any individual education
plan or a superintendents' student transfer agreement. "Education disruption"
does not apply to a student who is out of school for 10 or more consecutive school
days as a result of a planned absence for a reason such as a family event or a
medical absence for planned hospitalization or recovery.
Parents are responsible for the school attendance of students who are under 17 years of age.
The MSAD #11 Board shall work with families in an effort to ensure compliance.
Secondary school students 20 years of age or more will only be admitted to the school unit
with prior MSAD #11 Board approval.
Legal Reference: 20-A MRSA § 5001-A; 5003; 5201
Ch. 125 § 8.06 (Maine Dept. of Ed. Rules)
Cross Reference: IHBG - Home Schooling
JFC - Student Withdrawal From School/Dropout Prevention Committee
JHB - Truancy
Adopted: August 4, 1994
Revised: February 5, 2004; April 3, 2008
File: JFAA
ADMISSION OF RESIDENT STUDENTS
The school district shall admit as students those of legal school age whose parents or guardians legally reside within the district. Adequate proof of residence shall be required. The MSAD #11 Board reserves the right to verify residency through appropriate means for any enrolled student or any family applying for enrollment.
"Residence" means bona fide residence -- one's actual residence maintained in good faith--and does not include a temporary or superficial residence established for the purpose of free school
attendance in this system. It shall be considered the place where important family activity takes place--the place where the family eats, sleeps, relaxes and plays. It is a place which can be called a "home." While it is possible for an individual to maintain property and pay taxes in more than one location or community, for purposes of student eligibility for school attendance, "residence" shall mean where the parent maintains a home as defined above.
Guardianship shall be substantiated by a copy of a court order or probated will appointing the resident as guardian of the student. No student shall be accepted for enrollment or allowed to continue in enrollment on the basis of guardianship established by a power of attorney.
Resident students entering school for the first time shall be admitted upon presentation of an original birth certificate to the Principal, along with a record of required immunizations and pertinent health records. Photocopies shall be made and retained in the student's file.
New resident students who are transferring into the school system shall be admitted on the basis of age, health and academic records received from the previous school. However, original documentation may be required if deemed necessary to appropriately determine a student's eligibility for enrollment and assignment.
Legal Reference: 18-A MRSA 5201, et seq.
20-A MRSA 5202 et seq., 6002
Maine Commissioner of Ed.
Administrative Letter #13,10/9/97
Cross Reference: JFAB-Admission of Non-Resident Students
Adopted: AUGUST 4, 1994
Revised: January 8, 2009
MSAD #ll
File: JFAB
ADMISSION OF NON-RESIDENT STUDENTS
Individual non-resident students may be accepted under any of the following conditions if approved by the Superintendent:
A. Under an agreement with another local school administrative district for students in grades 9-12 upon payment of the tuition fee allowed by state law;
B. Following receipt of a written parental request and formal approval by the Superintendent on a space/program-available basis, upon payment of the tuition fee allowed by state law. Reapplication shall be made annually. Behavior, cooperation and suitability of programming shall be considered;
C. Upon recommendation of the high school principal, the Superintendent may authorize enrollment of a foreign exchange student assigned to a household in the community served by the school district and under the auspices of a recognized foreign exchange program. Such enrollment shall be without assessment of tuition;
D. Upon special permission granted by the Superintendent, to provide continuity of program for a student whose family provides evidence of intent to move to the community shortly after a school year begins, or moves from the community near the end of a school year; and
E. In accordance with Maine law related to the assignment of students for school purposes, such as: state wards; students for whom the Superintendent determines it is in the student’s best interest to attend; students placed by state agencies; homeless children of school age; students living at light, fog warning or life stations; temporary residents; a transfer student when the two Superintendents approve in the student’s best interest.
Retroactive tuition will be assessed for students found to be nonresidents and ineligible for enrollment under law or MSAD #11 Board policy.
All requirements regarding age, health examinations, immunizations, etc., which apply to resident students shall also apply to non-resident students accepted for enrollment in this school system.
Legal Reference: 20-A MRSA § 5203 et seq.
8 USC § 1101
Cross Reference: JFAA - Admission of Resident Students
Adopted: January 8, 2009
File: JFABD
ADMISSION OF HOMELESS STUDENTS
The MSAD #11 Board recognizes that homelessness alone should not be a sufficient reason to separate students from the mainstream school environment. MSAD #11 will strive to ensure that homeless students are identified and provided access to the same free and appropriate public education provided to other students in the school system. In accordance with federal and state law and regulations, the school district will provide homeless students with access to the instructional programming that supports achievement of the content standards of Maine’s system of Learning Results and to other services for which they are eligible. Students shall not be segregated into a separate school or program based on their status as homeless, nor shall they be stigmatized in any way.
I. DEFINITIONS
A. “Homeless” students are those who lack a fixed, regular, and adequate nighttime residence and include the following:
1. Children who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement.
2. Children who have a primary nighttime residence that is a public or private place not designated for or ordinarily used as regular sleeping accommodation for human beings.
3. Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.
4. Migratory children who meet one of the above-described circumstances.
B “School of origin” means the school that the child attended when permanently housed or the school in which the child was last enrolled.
C. “Unaccompanied child” refers to a child not in the physical custody of a parent or guardian (e.g., runaway and “throw away” children).
II. ENROLLMENT/PLACEMENT
The school district will determine, according to the best interest of the child whether the child will be enrolled in the school of origin or in the public school that non-homeless students who live in the attendance area in which the child is actually living are eligible to attend. In determining the best interest of the child the school district will, to the extent feasible, keep the child in the school of origin, unless doing so is contrary to the wishes of the parent.
If the child is unaccompanied by a parent or guardian, the homeless liaison will assist in placement and enrollment decisions, with the views of the child taken into consideration.
The school selected shall immediately enroll the homeless child, even if the child is unable to produce records normally required for enrollment, such as previous academic records, immunization records, evidence of residency, or other documentation.
The school district may require a parent or guardian of a homeless child to provide contact information.
The school district must provide a written explanation, including a statement regarding the right to appeal, to the parent or guardian of the homeless child if the school district sends the child to a school other than the school of origin or other than a school requested by the parent or guardian.
In the case of an unaccompanied child, the homeless liaison will provide notice of the right to appeal.
The enrolling school shall contact the school last attended by the child to obtain relevant academic and other records. If the child needs to obtain immunizations or immunization or medical records, the parent or guardian of the homeless child will be referred to the homeless liaison for assistance.
III. ENROLLMENT DISPUTES
If there is a dispute concerning enrollment, the child shall be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute. The parent or guardian will be provided, in writing, with a written explanation of the school district’s decision and the right to appeal the decision.
The homeless liaison shall ensure that an unaccompanied child is enrolled in school, pending resolution of a dispute.
IV. SERVICES
Homeless students shall be provided services comparable to services available to other students in the school system including, but not limited to, transportation services; educational services for which the student meets the eligibility criteria, such as educational programs for disadvantaged students, students with disabilities, gifted and talented students, and students with limited English proficiency; vocational and technical programs; preschool programs; before and after school-care programs; and school meals/nutrition programs.
V. TRANSPORTATION
Homeless students are entitled to transportation to their school of origin or the school where they are to be enrolled. If the school of origin is in another school district and the student is enrolled in MSAD #11 or if a homeless student’s school of origin is in MSAD #11 but he or she is enrolled in a different school district, the school systems will coordinate the transportation services necessary for the student, or will share the responsibilities and costs equally.
VI. RECORDS
Any records ordinarily kept by the school, including immunization records, medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless student, shall be maintained so that records may be transferred when a student enters a new school system. Access to records will be available to parents and students in accordance with the Family Educational Rights and Privacy Act (FERPA).
VII. HOMELESS STUDENT LIAISON
A. The Superintendent shall designate an individual to act as the school district’s Homeless Student Liaison. The school district shall inform school personnel, service providers and advocates working with homeless families of the duties of the school district’s Homeless Student Liaison.
B. The Homeless Student Liaison will be responsible for ensuring that:
1. Homeless children are identified by school personnel and through coordination activities with other entities and agencies;
2. Homeless children enroll in and have a full and equal opportunity to succeed in schools within the school district;
3. Homeless families, children, receive educational services for which they are eligible, including Head Start, Even Start, and preschool programs administered by the school district, and referrals to health care services, dental services, mental health services, and other appropriate services;
4. The parents or guardians of homeless children are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
5. Public notice of the educational rights of homeless children is disseminated where such children receive services, such as schools, family shelters, and soup kitchens;
6. Enrollment disputes are mediated in accordance with law;
7. The parent or guardian of a homeless child, and any unaccompanied child is fully informed of all transportation services, including transportation to the school of origin, and is assisted in accessing transportation to the school the student will be attending;
8. Unaccompanied children are assisted in placement or enrollment decisions and provided notice of the right to appeal; and
9. Children who need to obtain immunizations or immunization medical records receive assistance.
Legal References: 42 U.S.C. § 11431-11435
20-A M.R.S.A. §§ 261, 5205(7)
Ch. 14 (Me. Dept. of Ed. Rules)
Maine State Plan for the Education of Homeless Children and Youth
Adopted: April 7, 1994
Revised: January 8, 2009
File: JFC
DROPOUT PREVENTION
STUDENT WITHDRAWAL FROM SCHOOL
The MSAD #11 Board believes that a high school diploma signifies the minimum preparation for success in life. Therefore, the MSAD #11 Board strongly urges school administrators, staff, parents, and members of the community to encourage students to remain in school through high school.
Dropout Prevention Committee
In order to reduce the school dropout rate, the Superintendent shall establish a Dropout Prevention Committee to study the problem of dropouts, habitual truancy, and the need for alternative programs, kindergarten to grade 12. The Committee will meet at least annually, make recommendations for addressing the problem, and submit a plan of action to the MSAD #11 Board in accordance with the provisions in Maine law.
The Committee will consider the following when developing its plan: reasons why students drop out of school; maintenance of continuing contacts with recent dropouts in order to extend opportunities for alternate educational programs, counseling, and referral; education of teachers and administrators about the dropout problem; use of human services programs to help dropouts; the Board’s policies on suspension, expulsion, and other disciplinary action; and discriminatory practices and attitudes within the unit.
Committee Membership
As required by law, the Dropout Prevention Committee shall be composed of the following members:
A. A member of the MSAD #11 Board selected by the MSAD #11 Board;
B. A school administrator selected by the Superintendent;
C. A teacher and a school counselor selected by the teachers’ organization;
D. A parent selected by the local organized parent group or by the MSAD #11 Board if no such group exists;
E. A school attendance coordinator from the school system selected by the Superintendent;
F. A high school student selected by the Dropout Prevention Committee members selected in paragraphs A to E;
G. A dropout selected by the Dropout Prevention Committee members selected in paragraphs A to E; and
H. A community resident of the district selected by the Dropout Prevention Committee members selected in paragraphs A to E.
The MSAD #11 Board recognizes the importance of success as a motivator and as a factor in a student’s commitment to education. Students who have been identified as being at risk of dropping out should be encouraged to participate in the alternative educational programs that are offered in this school district or in other instructional, vocational or social service programs for which they may be eligible.
Student Withdrawal From School
School administrators shall arrange for regular contacts to be made with students who have withdrawn from school for the purpose of informing them of the process for readmission, making them aware of alternatives in the community for continuing their education and stating the school district’s willingness to assist them in their educational efforts.
Legal Reference: 20-A MRSA §§ 5001-A; 5051-A; 5102-5104-A
Cross Reference: IHBH - Alternative Education Programs
JEA - Compulsory Attendance
Adopted: August 4, 1994
Revised: January 8, 2009
File: JGAA
ASSIGNMENT OF STUDENTS TO CLASSES—FIVE-YEAR-OLDS
Maine law permits children who are at least five years old on October 15 of the school year to enroll in school. The intent is that these students begin their school careers in Kindergarten at this age.
However, it is recognized that exceptions to this initial placement may be justified under limited circumstances. In such rare cases, enrolling five-year-old students may be placed in first grade at the discretion of school officials in accordance with the following:
A. Social and emotional maturity should have been demonstrated such as to predict success in grade one;
B. The decision of placement lies with the Principal, appealable to the Superintendent whose decision shall be final;
C. The right must be reserved to the school to administer testing as appropriate to making a proper determination of placement;
D. Any such placement is to be conditioned upon demonstrated success and reviewed at appropriate intervals;
E. A student who was enrolled in a public kindergarten in another state and was promoted to first grade may enroll in first grade; and
F. All exceptional placements are to be reported to the Superintendent.
The Superintendent shall promulgate regulations/procedures to implement this policy.
Legal Reference: 20-A MRSA § 5201
Cross Reference: IKE - Promotion, and Retention of Students
JFAA - Admission of Resident Students
JFAB – Admission of Non-Resident Students
Adopted: August 4, 1994
Revised: January 8, 2009
File: JGAB
ASSIGNMENT OF STUDENTS TO CLASSES:
TRANSFER STUDENTS AND HOME SCHOOLING STUDENTS
The principal of the school in which a transfer or formerly home-schooled student is enrolling will be responsible for assigning the incoming student to a class or grade.
The principal shall be responsible for determining the value of the student’s prior educational experience toward meeting the content standards of the Learning Results in conformance with the school district’s Local Assessment System and applicable MSAD #11 Board policies. In assessing the value of the student’s prior educational experience, the principal may consider performance on standardized tests, academic records, portfolios, projects, writing samples, performances, and other demonstrations of achievement consistent with the Local Assessment System. The school district may require an incoming student to participate in tests or other assessments to aid in this determination. For incoming high school students, tests or assessments may be required to determine whether a student has met course prerequisites or credit requirements for graduation. In addition, such tests and assessments may be used to determine when instructional intervention may be appropriate.
The principal/designee should meet with the student’s parents and, as appropriate, with the guidance counselor, special services director, and/or other professional staff before making a class/grade assignment decision.
The principal’s decision shall be final.
Legal Reference: 20-A MRSA § 5001(4)
Ch. 127 §§ 5.03, 6.02, 7.02(A)(5) (Me. Dept. of Ed. Rules)
Adopted: January 8, 2009
File: JHB
TRUANCY
TRUANCY DEFINED
A student is truant if he/she is required to attend school or alternative instruction under Maine compulsory attendance law (20-A MRSA § 5001-A) and he/she:
A. Has completed grade 6 and has the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year; or
B. Is at least 7 years of age and has not completed grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year.
ATTENDANCE COORDINATORS
In accordance with Maine law, the Superintendent shall appoint one or more attendance coordinators. The duties of the attendance coordinator include, but are not limited to:
A. Interviewing a student whose attendance is irregular and meeting with the student and the parents to determine the cause of the irregular attendance and filing a written report with the principal;
B. Filing an annual report with the Superintendent summarizing school year activities, findings and recommendations regarding truants;
C. Serving as a member of the dropout prevention committee; and
D. Serving as the liaison between the school and the local law enforcement agency in matters pertaining to student absenteeism under Maine law.
TRUANCY PROCEDURES
As required by law, the following procedure shall be followed when a student is truant.
A. The principal, upon determining that a student is truant, shall notify the Superintendent of the student’s truancy within five school days of the last unexcused absence.
B. Within in five school days of notification, the Superintendent/designee will refer the student who has been determined to be truant to the school’s student assistance team the school’s general education intervention system personnel.
C. The intervention system personnel will meet to determine the cause of the truancy and assess the effect of the student’s absences, as well as any future absences for the student. If it is determined that a negative effect exists, the student assistance team intervention system personnel shall develop an intervention plan to address the student’s absences and the negative effect of these absences.
An intervention plan may include, but is not limited to:
1. Frequent communication between the teacher the family;
2. Changes in the learning environment;
3. Mentoring;
4. Student counseling;
5. Tutoring, including peer tutoring;
6. Placement into different classes;
7. Evaluation for alternative education programs;
8. Attendance contracts;
9. Referral to other agencies for family services; and
10. Other interventions including but not limited to referral to the school attendance coordinator, student assistance team, or dropout prevention committee.
Failure of the student or the student’s parent(s) to appear at scheduled meetings does not preclude school administrators from implementing a plan to address a student’s truancy.
D. The student and his/her parents/guardians shall be invited to attend any meetings scheduled to discuss the student’s truancy and the intervention plan.
E. If the Superintendent/designee is unable to correct the student’s truancy, the Superintendent/designee shall serve or cause to be served upon the parent(s) in-hand or by registered mail a written notice that the student’s attendance is required by law. The notice shall:
1. State that the student is required to attend school pursuant to 20-A
MRSA §5001-A (the compulsory attendance law);
2. Explain the parent’s right to inspect the student’s attendance records, attendance coordinator’s reports, and principal’s reports;
3. Explain that the failure to send the student to school and maintain the student in regular attendance is a civil violation in accordance with 20-A MRSA § 5053-A and will jeopardize the student’s status in the grade he/she is in;
4. State that the Superintendent/designee may notify local law enforcement authorities of a violation of 20-A MRSA § 5053-A and the Department of Health and Human Services (DHHS) of a violation under and 20-A MRSA § 5051-A(1)(C); and
5. Outline the plan developed to address the student’s truancy and the steps that have been taken to implement that plan.
F. Prior to notifying local law enforcement authorities, the Superintendent/ designee shall schedule at least one meeting of the student assistance team intervention system personnel as required by law and paragraph B of this policy and may invite a local prosecutor.
G. If after three school days after the service of the notice described in paragraph E of this policy the student remains truant and the parent(s) and student refuse to attend the meeting referred to in paragraph F, the Superintendent/designee shall report the facts of the unlawful absence to local law enforcement authorities. Local law enforcement may proceed with enforcement action against the parent unless the student is at once placed in an appropriate school or otherwise meets the requirements of the compulsory attendance law.
H. When a student is determined to be truant and in violation of the compulsory attendance law, and the student assistance team intervention system personnel has made a good faith attempt to meet the requirements.
ANNUAL REPORT TO COMMISSIONER
The Superintendent shall submit an annual report regarding truancy to the Commissioner by October 1. The report must identify the number of truants in the school administrative unit in the preceding school year; describe the school unit’s efforts to deal with truancy; account for actions brought to enforce the truancy law; and include any other information on truancy requested by the Commissioner.
Legal Reference: 20-A MRSA §§ 5001-A; 5051-A-5054-A
22 MRSA § 4002
Cross Reference: JEA – Compulsory Attendance
JFC – Dropout Prevention—Student Withdrawal from School
JLF – Reporting Child Abuse and Neglect
Adopted: December 6, 2007
Revised: April 3, 2008, April 4, 2013
File: JHCA
OPEN/CLOSED CAMPUS
All students, with the exception of students who have been excused early and juniors/seniors who are exercising open campus privileges, shall remain on school grounds from the time of arrival until the close of school for the day.
The MSAD #11 Board regards open campus privileges as a bridge between school life and the outside community and as an opportunity to exhibit ethical and responsible behavior away from the more structured school environment.
Open campus privileges allow eligible juniors/seniors to leave school grounds during lunch and study halls at their discretion. In order to be eligible for junior/senior open campus privileges, a student must:
A. If under the age of 18, have the written permission of his/her parent/guardian;
B. The student is in good academic standing in all of their classes. (Honor
roll status).
C. Have no unexcused absences or tardies;
D. Have met required Community Service hours; and
Open Campus is a privilege available to both juniors and seniors who meet
the following criteria:
1. The student is enrolled in five courses or five credits per semester.
Seniors have completed: 45 hours of community service
(1st semester) 53 hours of community service (2nd semester)
Juniors have completed: 30 hours of community service
(1st Semester) 38 hours of community service (2nd semester)
2. The student is in good academic standing in all of their classes. (Honor roll status).
3. The student is in good standing regarding GAHS’s Code of Conduct
(No disciplinary issues).
Open campus privileges are subject to being revoked for disciplinary reasons
outlined in the permission form. This form must be completed and on file
with administration prior to the student being allowed to utilize their
privileges.
E. Behave lawfully and in accordance with MSAD #11 Board policies, District and school rules, and the Student Code of Conduct when exercising junior/senior open campus privileges.
F. Eligibility will be checked by administration at the beginning of each semester
and at the six-week and twelve-week progress reports.
The Superintendent/designee may establish additional criteria for eligibility for the privileges and rules for the exercise of open campus privileges, including conduct rules and sign-out procedures. Students who violate these rules may be subject to suspension or revocation of open campus privileges at the discretion of the building principal.
Cross Reference: GAHS Handbook
Adopted: September 7, 1995
Revised: October 3, 1996; January 8, 2009 , August 2, 2012
Page 2 of 2
File: JI
STUDENT RIGHTS AND RESPONSIBILITIES
Students have certain legal rights under federal/state constitutions and statutes as interpreted in pertinent court decisions. In connection with these rights are responsibilities that must be assumed by students. Among these rights and responsibilities are the following:
A. Civil rights, including the right to equal educational opportunity and freedom from discrimination; the responsibility not to discriminate against others;
B. The right to attend free public schools in accordance with provisions of Maine statutes and policies of the MSAD #11 Board; the responsibility to attend school as required by law;
C. The right to due process with respect to suspension, expulsion, or an administrative decision which a student believes has injured his/her rights; the responsibility to observe school rules and regulations essential for permitting others to learn at school;
D. The right to free inquiry and expression and to voice grievances; the responsibility to observe reasonable rules regarding these rights and to express themselves in a manner that does not materially or substantially disrupt the operation of the school or conflict with the school’s basic educational mission;
E. The right to privacy regarding the content of student records—as defined by the Family Educational Rights and Privacy Act—and the right to dress as he/she pleases within reasonable guidelines related to health, safety, and the avoiding of potential disruption; and
F. The right to be free from unreasonable searches and seizures; the responsibility to comply with school rules and policies.
It is the MSAD #11 Board’s belief that as part of the educational process, all students should be made aware of their legal rights and also of the legal authority of the MSAD #11 Board to make or delegate authority to its staff to make rules and regulations regarding the orderly operation of the schools. As such, this policy shall be included in school handbooks or otherwise communicated to students and parents at the beginning of each school year. The MSAD #11 Board expects all staff to abide by this policy in order to most effectively achieve mutual respect of rights and the acceptance of responsibility.
This MSAD #11 Board policy is designed for educational and informational purposes and is not intended to create, expand, or restrict any student rights or responsibilities.
Cross Reference: JIC - Student Conduct
JIH - Student Searches, Interrogations and Arrests
JK - Student Discipline
Adopted: January 8, 2009
File: JICA-R
STUDENT DRESS ADMINISTRATIVE PROCEDURE
Students are expected to adhere to standards of cleanliness and dress that are compatible with a safe and respectful school learning environment. The MSAD #11 Board has established the following specific restrictions and requirements for student dress. In addition, school administrators are authorized to impose additional restrictions when, in their judgment, a student’s dress disrupts the educational process or poses a threat to health or safety.
A. Headwear
Caps, hats, hoods, bandanas and sports or winter headbands are not to be worn in the school building
B. Outside Coats and Jackets
Outside coats and jackets (excluding jean jackets) are not to be brought to class except by permission of the teacher.
C. Shirts, Blouses, Sweatshirts
Shirts, blouses, and sweatshirts must be neat and clean, shall be tucked in in those areas where loose clothing presents a hazard, and may be marked or printed commercially or by the student. These markings are not to be offensive.
D. Pants, Skirts, Dresses, Jeans, Shorts
Pants, skirts, dresses, jeans, and shorts shall be neat and clean and shall not be ripped, torn, or raveled or offensively marked. Unduly tight, short, revealing clothing, as well as athletic gym-type shorts, are not to be worn. Baggy clothing and long coats that could present a safety risk to the student or could be used to conceal weapons or other contraband are not allowed.
E. Footwear
The type of footwear to be worn shall include shoes, boots, work boots, moccasins, loafers, sneakers, and sandals. There are not to be offensive markings on them. Footwear with cleats or hobnails is not to be worn.
F. Clothing with Logos, Pictures, or Messages
No references to drugs, alcohol, tobacco, sexual activity, or illegal acts are allowed. The school administration has the authority to prohibit other logos, pictures, or messages which they determine to be disruptive to the school’s learning environment.
G. Jewelry and Accessories
No jewelry or accessories that could be used as a weapon, mar or destroy school property, or pose a safety risk to the student or others will be allowed.
Determinations of individual instances will be made by the administration. All school time lost on such occasions must be made up after school on the same day or days following upon judgment of the administration. Repeated infractions will be subject to further disciplinary action.
A. Gang-Related Clothing and Insignia
Gang-related clothing and insignia (including but not limited to the wearing or display of “colors,” flags, bandanas, symbols, signs, emblems or any article of clothing, jewelry, footwear, or other item that is evidence of membership or affiliation in a gang) are not allowed in school.
A “gang” is defined as an association or group of individuals, whether formal or informal, which identifies itself through the use of a name, unique appearance or language, identifying sign or symbol, the claiming of geographical territory or the espousing of a distinctive belief system that can lead to criminal or violent activity, and whose members individually or collectively engage in or have engaged in a pattern of criminal or violent activity.
Particular clothing may be required or permitted for health and safety reasons for students participating in physical education, certain extracurricular activities, work around machines or other activities.
Students who come to school dressed inappropriately will receive a warning, and depending upon the infraction, may be sent home to change.
Administrators have the authority to suspend students for severe and or repeated infractions of the dress code. Students committing infractions that directly interfere with the operations, discipline or general welfare of the school may be disciplined in accordance with other applicable Board policies, including MSAD #11’s expulsion policy.
A summary of this policy will be published annually in student handbooks.
Adopted: October 7, 1975
Revised: 9/3/81; 7/6/89; 8/4/94; 6/22/00; 4/12/01; 1/9/09
File: JICA
STUDENT DRESS
The MSAD #11 Board recognizes that responsibility for the dress and appearance of students rest with individual students and their parent(s)/guardian(s). The MSAD #11 Board will not interfere with this right unless the personal choices of students create a disruptive influence on the school program or affect the health or safety of others. School administrators are authorized to impose restrictions when, in their judgment, a student’s dress disrupts the educational process or poses a threat to health or safety.
Students are encouraged to use sound judgment and reflect respect for themselves and others in dress and grooming. In keeping with the goals of the school district to provide a safe, healthy and non-discriminatory environment for education students for maximum academic and social development. The following restrictions on dress and accessories shall be enforced:
A. Clothing that contains messages that violate the MSAD #11 Board's discrimination/harassment policies;
B. Any messages or clothing that are defamatory, abusive, and/or threatening, insulting, indecent, or vulgar:
C. Articles of clothing that promote the use of tobacco, alcohol or other drugs may not be worn on school grounds (when school is in session) or at school functions.
D. Clothing, footwear, insignia or accessories that are intended to identify the wearer as a member of a particular gang are prohibited (A “gang” is defined as an association or group of individuals, whether formal or informal, which indentified itself through the use of a name, unique appearance or language, identifying sign or symbol, the claiming of geographical territory or the espousing of a distinctive belief system that can lead to criminal or violent activity, and whose members individually or collectively engage in or have engaged in a pattern of criminal or violent activity.);
E. Clothing that is destructive of school property (e.g., cleats, pants with metal inserts that scratch furniture);
F. Clothing that inappropriately exposes body parts, including the midriff. Tops must meet the belt line;
G. Clothing that exposes cleavage or underwear;
H. Baggy clothing and long coats that could present a safety risk to the student or could be used to conceal weapons or other contraband;
I. Hats, bandanas, or other headgear are to be removed upon entering the school building;
J. Bare feet or stocking feet;
K. Jewelry or accessories that could be used as a weapon, mar or destroy school property, or pose a safety risk to the student or others; and
L. Any type of attire, which attracts undue attention to the wearer or is in poor taste, thus causing disturbances in the school.
School administrators or teachers may require special clothing for health and safety reasons for students participating in physical education, certain extracurricular activities, work with or around machines or other activities. However, no particular brand may be required. School administrators may adapt this policy to fit extenuating circumstances.
Students who come to school dressed inappropriately will receive a warning, and depending upon the infraction, may be sent home to change. Determination of individual instances will be made by the administration. All school time lost on such occasions must be made up after school on the same day or days following upon judgment of the administration.
Administrators have the authority to suspend students for severe or repeated infractions of the dress code. Students committing infractions that directly interfere with the operations, discipline or general welfare of the school may be disciplined in accordance with other Board policies, including the MSAD #11 expulsion policy.
A summary of this policy will be published annually in student handbooks.
Cross Reference: JK Student Discipline
JKD Suspension of Students
JKE Expulsion of Students
JKE-R Expulsion Guidelines
Adopted: October 7, 1975
Revised: September 3, 1981; July 6, 1989; August 4, 1994; June 22, 2000; April 12, 2001; January 9, 2009, May 2, 2013
File: JICB
CARE OF SCHOOL PROPERTY BY STUDENTS
Textbooks, other school property, and facilities are available to students for their use. Each student is responsible for loss or damage beyond normal wear. Students will be billed for the replacement costs of such materials.
If reimbursement is not forthcoming within a reasonable time:
A. Damage to school property may be recovered in a civil action to obtain the permitted “double the damage;” or
B. Costs of lost, destroyed or damaged school books and instructional appliances may be recovered by requesting the municipal assessor to include the value in the next municipal tax of the delinquent parent.
The Superintendent shall see that students and parents are notified annually of their responsibilities under this policy, such as by publication in pupil/parent handbooks.
Legal Reference: 20-A MRSA §§ 6805-6807
Adopted: Prior to 1985
Revised: August 7, 1986; August 4, 1994; January 8, 2009
File: JICC-R
STUDENT CONDUCT ON BUSES RULES
The right of students to ride on the bus depends upon their behavior and the observance of the rules contained herein. Any action which endangers safe operation of the bus may cause the suspension of the student’s right to ride on the bus. Drivers are authorized to enforce the rules and to make other suggestions in line with good citizenship.
Students are expected to observe the following rules:
A. The driver is in full charge of the bus and the students at all times. This is to include the transportation portion of a field trip. The safety of all rests on the driver’s shoulders. Students and all other passengers will obey the driver promptly and respectfully.
B. When the bus is in motion, students are not to stand or move about. Students are to remain seated while approaching their school or their home until the bus comes to a full stop.
C. All students will be ready in the morning 10 minutes before the time the school bus usually arrives at the pick-up point. The bus cannot wait for those who are tardy.
D. During the morning pick-up, students shall be discharged only at the regular designated stops at their schools. Permission shall not be granted to allow students to leave the bus at any other place.
E. During the afternoon drop-off, the driver shall unload students at their designated bus stop.
F. Normal conversation among students is allowed on the bus. Loud, boisterous speech, swearing, shouting out of the windows, and throwing caps, books, paper, or other objects shall not be tolerated.
G. Students shall not extend their arms or head out the windows.
H. Students are asked to refrain from unnecessary conversation with the driver.
I. There shall not be any eating or drinking on the bus while the bus is in motion. If a bag lunch is necessary for a field trip or for athletic
competition, the passengers will have an appropriate amount of time to eat on the bus. However, the bus shall not leave until the passengers have finished. The time appropriated for the meal shall be figured into the field trip to allow the bus to return on schedule.
J. Students shall help keep the bus clean. A waste container is provided at the front of the bus.
K. Above all, courteous treatment of the driver and other students will be the rule.
L. Students who cross the road shall cross in front of the bus on the signal from the driver when he/she has determined that all traffic has stopped.
M. No passengers shall be permitted to enter the bus with a gun, weapon, or pyrotechnics.
N. Drivers shall not be permitted to transport with passengers any animals, (exception assistance animals) firearms, explosives, or anything of a dangerous nature.
O. No passenger shall be allowed to use tobacco, chewing tobacco, lighters, or matches on a school bus or any other vehicle that is being used for a school sponsored function.
P. No passenger shall be permitted to enter the bus who is under the influence of alcohol or drugs.
Q. Drivers may assign seats in the bus and passengers will take the assigned seats.
R. Any and all damage done to seats or other equipment on or in the bus will be paid for by the responsible party or parties.
S. Students will be permitted to carry on the bus personal items that can fit into a book bag or grocery style bag. No more than two bags per student will be allowed at any one time.
T. All musical instruments which are deemed too large to be transported safely in the student’s seat will be placed in a location that the driver designates as appropriate.
Disciplinary Consequences for Inappropriate Behavior
A breach of these rules may result in suspension of bus privileges.
A. First Offense: The bus driver will speak with the student about his/her behavior.
B. Second Offense: The bus driver will provide the student’s principal with a completed behavior report. The principal will speak to the student, parents and/or guardians shall be notified and appropriate disciplinary action will be taken.
C. Third Offense: The bus driver will provide the student’s principal with a completed behavior report. The principal and the bus driver will meet with the student and his/her parents/guardians. The student’s bus riding privileges will be suspended for a period of time deemed appropriate.
***Steps 1 and 2 may be omitted for any serious violation or any repeated violation.***
Adopted: January 8, 2009
File: JICC
STUDENT CONDUCT ON SCHOOL BUSES
The law does not relieve parents of students from the responsibility of supervision before the child boards the bus in the morning and after the child leaves the bus at the end of the school day.
Once a child boards the bus—and only at that time—does he/she become the responsibility of the school system. Such responsibility shall end when the child is delivered to the regular bus stop at the close of the school day.
In view of the fact that a bus is an extension of the classroom, the MSAD #11 Board requires children to conduct themselves in the bus in a manner consistent with established standards for classroom behavior.
In cases when a child does not conduct him/herself properly on a bus, such instances are to be brought to the attention of the building Principal by the bus driver. The building Principal will inform the parents immediately of the misconduct and request their cooperation in checking the child’s behavior.
Children who become a serious disciplinary problem on the school bus may have their riding privileges suspended by the Principal. In such cases, the parents of the children involved become responsible for seeing that their children get to and from school safely.
Legal Reference: 20-A MRSA § 5401
Cross Reference: EEA - Student Transportation Services
Adopted: Prior to 1985
Revised: August 7, 1986; October 19, 1994; January 8, 2009
File: JICH
DRUG AND ALCOHOL USE BY STUDENTS
The MSAD #11 Board of Directors and staff support a safe and healthy learning environment for students which is free of the detrimental effects of drugs and alcohol. Accomplishing this goal requires a cooperative effort among school staff, students, parents, law enforcement, and organizations concerned with the use of drugs and alcohol by school-aged youth.
In order to promote the safety, health, and well-being of students, the MSAD #11 Board endorses a three-pronged approach to address the issue of drug and alcohol use: prevention/ education, intervention, and discipline. It is vitally important for the students, parents, staff, and community members to understand that the MSAD #11 Board considers the use of, possession, purchase, sale, and/or trafficking of drugs and alcohol to be an exceptionally serious infraction which may warrant punishment up to and including expulsion. The Superintendent is responsible for developing appropriate administrative procedures, curricula, and programs to implement this policy.
A. Prohibited Conduct
No student enrolled in and attending any program in MSAD #11 shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor. Nor shall a student manufacture, distribute, dispense, possess, use, or be under the influence of any narcotic drug, hallucinogenic drug or mushroom, amphetamine, barbiturate, marijuana, anabolic steroid, any other controlled substance defined in federal and state laws/regulations, any look-alike substance or designer drug such as ecstasy, any substance that is represented to be a controlled substance, or other harmful substances such as aerosol sprays.
These prohibitions apply to any student who is on school property, who is in attendance at school or at any school-sponsored activity, or whose conduct at any time or place directly interferes with the operations, discipline, or general welfare of the school. Students attending school, school-sponsored activities on or off school property shall be asked to take a breathalyzer test upon request when school staff reasonably suspect that a student may be violating this policy.
This policy does not apply to students taking medications in compliance with MSAD #11 Board Policy JLCD—Administering Medications to Students.
B. Disciplinary Action
Positive test results of an administered breathalyzer test at school
functions or school sponsored events shall result in the student’s parents being notified, and the student being expelled from the event.
Based upon the facts of each case and in accordance with established disciplinary procedure, grades 6-12 principals will suspend students who violate this policy and discuss appropriate next steps with the Superintendent up to and including an expulsion hearing for the first offense. Second offense goes to the Board for an expulsion hearing from school. Students will also be referred to law enforcement authorities for investigation and/or prosecution.
All students who are determined to be selling and/or furnishing drugs and/or alcohol will be suspended pending an expulsion hearing before the MSAD #11 School Board.
When a student is expelled from school for an infraction of this policy, the MSAD #11 Board or the administration may advise the student and his/her parents that the following will be favorably considered when the student applies for readmission: satisfactory evidence, through testing or other means, that the student has remained drug and alcohol-free during the period of expulsion; and satisfactory evidence that the student has participated successfully in an appropriate substance abuse treatment program. See JICH-R—Drug and Alcohol Use by Students Administrative Procedure for further details regarding disciplinary procedures.
C. Prevention/Education
The school district will provide students with appropriate information and activities focused on educating students about drugs and alcohol and preventing their use. Programs shall teach students that the use of drugs and alcohol is wrong and harmful; how to resist peer pressure; and address the legal, social, and health consequences of drug and alcohol abuse.
D. Intervention
MSAD #11 has established Student Assistance Teams to assist students with drug/alcohol problems. Students and parents will be provided with information and referral, if necessary, to aid them in obtaining assistance from appropriate
community organizations. Student records concerning interventions shall be kept confidential as required by state and federal laws. The MSAD #11 Board expects parents and students to work in a positive, cooperative fashion to assist students in achieving sobriety and chemical/drug-free behavior.
E. Policy Communication
The Superintendent shall distribute this policy and appropriate related information to staff, students, and parents on an annual basis through handbooks and/or other means selected by the Superintendent and building administrators.
Legal Reference: 21 USC § 812 (Controlled Substances Act)
21 CFR Part 1300.11-15
Pub.L.No. 101-226 (Drug-Free Schools and Communities Act Amendments of 1989)
17-A MRSA § 1101
42 USC § 290dd-2
42 CFR § 2.1 et seq.
20-A MRSA §§ 1001(9); 4008
Cross Reference: GBEC – Drug-Free Workplace
JICH-R – Drug and Alcohol Use by Students Administrative Procedure
JICIA – Weapons, Violence and School Safety
JKD – Suspension of Students
JKE – Expulsion of Students
JLCD – Administering Medication to Students
JRA – Student Records
Adopted: March 7, 2002
Revised: December 6, 2007; October 2, 2008; November 20, 2008; April 2, 2009; November 4, 2010
DRUG AND ALCOHOL USE BY STUDENTS ADMINISTRATIVE PROCEDURE
The following regulations are intended to implement the MSAD #11 Board's policy JICH Drug and Alcohol Use by Students. It is vitally important for the students, parents, staff, and community members to understand that the MSAD #11 Board considers the use of, possession, purchase, sale, and/or trafficking of drugs and alcohol to be an exceptionally serious infraction, which may warrant punishment up to and including expulsion.
A. Responsibilities of School Staff
1. Any staff member who has reason to suspect that a student is violating the MSAD #11 Board's policy on Drug and Alcohol Use by Students has the responsibility to:
a. Take whatever immediate action may be necessary to secure the health and safety of the involved student(s);
b. Confiscate and secure the substance, if in the possession of the student(s) at the time of the incident. Any searches of students and/or their property shall be conducted in accordance with MSAD #11 Board policy and procedures; and
c. Accompany the student to the office and report the incident to the building principal/designee for further action.
2. If a staff member is approached by a student who is seeking help for a problem related to drug and alcohol use, the staff member shall refer the student to the Student Assistance Team, administrator, guidance counselor, or social worker. Staff members are required to maintain confidentiality of information in accordance with applicable laws.
3. If a staff member receives information regarding a student party where drugs and/or alcohol may be used, he/she shall inform the building principal/designee as soon as possible. The building principal/designee shall take appropriate action, including but not necessarily limited to notifying parents and the police of this information.
B. Voluntary Referrals/Self-referrals
A student seeking assistance with a drug and/or alcohol issue may consult with a guidance counselor, social worker, administrator, or member of the Student Assistance Team. The administrator, social worker, and Student Assistance Team (when appropriate) shall meet with the student and determine the appropriate course of action on a case-by-case basis. Students who are not in violation of MSAD #11 Board Policy JICH will not be disciplined for seeking assistance with a drug and/or alcohol issue. Students who have violated MSAD #11 Board Policy JICH may not use the self-referral process to avoid disciplinary action.
C. Concerned Person Referral
A staff member, fellow student, or parent who is concerned about a student's drug and/or alcohol use may consult with a guidance counselor, social worker, administrator or member of the Student Assistance Team. The administrator, social worker and Student Assistance Team (when appropriate) shall meet with the student and determine the appropriate course of action on a case-by-case basis.
D. Disciplinary Action
The building principal shall notify the Superintendent of all violations of the MSAD #11 Board's Drug and Alcohol Use by Students Policy JICH.
1. First Offense
a. Building principal/designee verifies offense.
b. Building principal/designee meets with student and parents.
e. Building principal/designee notifies police.
d. Student and parents meet with administrator. Grades 6-12 building principal/designee refers the matter to the Superintendent for expulsion from school. Principals in Grade PK-5 shall discuss the next steps with the Superintendent.
Middle School and High School students participating in extracurricular activities and athletics are subject to additional consequences as described in the Athletic Handbook.
Discipline for students over the age of 18 enrolled in Adult Education classes will be considered on a case-by-case basis.
4. Readmission Considerations:
When a student is expelled from school for an infraction of this policy, the MSAD #11 Board or the administration may advise the student and his/her parents that the following will be favorably considered when the student applies for readmission: satisfactory evidence that the student has participated successfully in an appropriate substance abuse treatment program.
E. Procedure for School-Sponsored Activities
1. Students attending school-sponsored activities on or off school property shall be asked to take a breathalyzer test upon request when school staff reasonably suspect that a student may be violating the MSAD #11 Board's policy on Drug and Alcohol Use by Students.
2. Remove student from activity and/or return to school.
3. Call parent/guardian to assume responsibility for student.
4. Notify building principal/designee of violation.
5. Follow appropriate steps for disciplinary action in Section D.
F. Procedure for Medical Emergencies
When a student is intoxicated or incapacitated due to drug and/or alcohol use, school procedures for medical emergencies shall be followed.
Adopted: March 7, 2002
Revised: December 6, 2007; October 2, 2008; April 2, 2009
File: JICIA
WEAPONS, VIOLENCE AND SCHOOL SAFETY
The MSAD #11 School Board believes that students and staff are entitled to learn and work in a school environment free of violence, threats, bullying, and other disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with MSAD #11 Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.
School staff is required to immediately report incidents of prohibited conduct by students to the building administrator/designee for investigation and appropriate action. Students who are subjected to or observe prohibited conduct are strongly encouraged to report it to a staff member or administrator.
I. PROHIBITED CONDUCT
Students, staff and all other persons are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school:
A. Possession and/or use of articles commonly used as weapons or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person except when used in an approved instructional activity. Examples of such articles include but are not limited to firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, cross-bows, brass knuckles, switchblades, knives, chains, clubs, Kung Fu stars and nun chucks;
B. Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort, and replicas of weapons (including toys);
C. Violent, threatening or menacing behavior including, but not limited to, fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats);
D. Verbal or written statements (including those made using computers or other electronic communications devices or technologies) which threaten, intimidate, or harass others, which tend to incite violence and/or disrupt the school program;
E. Willful and malicious damage to school or personal property;
F. Stealing or attempting to steal school or personal property;
G. Lewd, indecent or obscene acts or expressions of any kind;
H. Violations of the school unit’s drug/alcohol and tobacco policies;
I. Violations of state or federal laws; and
J. Any other conduct that may be harmful to persons or property.
II. USE OF FIREARMS AND OTHER WEAPONS IN INSTRUCTIONAL ACTIVITIES
Nothing in this policy shall prevent the school system from offering instructional activities using objects other than firearms that are generally considered weapons (e.g., bows and arrows) or from allowing an object generally considered a weapon to be brought to school for supervised instructional activities (e.g., archery, boat building, hunter safety) approved by the MSAD #11 Board so long as the MSAD #11 Board has adopted appropriate safeguards to ensure student and staff safety.
Any proposal to introduce an instructional activity involving such objects must be submitted in writing to the Superintendent, who may make a recommendation to the MSAD #11 Board. Such proposal must state the objectives of the activity and describe the safeguards that will be put in place to ensure student and staff safety.
No weapons or objects that are generally considered weapons may be used in instructional activities or brought to school for instructional activities unless the Superintendent/designee has given specific permission in advance.
III. DISCIPLINARY ACTION
Principals may discipline, suspend and/or recommend expulsion of students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws. Conduct which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA § 1001(9) and will be grounds
for expulsion if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA § 1001(9 and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing, and trafficking of scheduled drugs.
A student who is determined to have brought a firearm to school or to have possessed a firearm at school shall be expelled for a period of not less than one year, except that this
requirement may be modified by the Superintendent on a case-by-case basis.
All firearms violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent.
Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF.
Students found to be in possession and/or use of articles commonly used as weapons or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person will have those items confiscated by school administration where the disposition of those items will be the responsibility of the Principal, in conjunction with law enforcement.
IV. NOTIFICATION TEAM/CONFIDENTIALITY
Maine law authorizes law enforcement officers and criminal justice agencies to share with a superintendent or principal information pertaining to a juvenile when the information is credible and indicates an imminent danger to the safety of students or school personnel on school grounds or at a school function. Maine law requires the
District Attorney to notify the superintendent when a juvenile is charged with use or threatened use of force or is adjudicated as having committed one or more juvenile crimes that involve the use or threatened use of force.
Within ten days’, or immediately if necessary for school safety, the Superintendent shall convene a notification team. The notification team must include the
administrator/designee of the school building where the student attends, at least one classroom teacher to whom the student is assigned, a guidance counselor, and the
student’s parent/guardian. The notification team shall determine on this basis of need which school employees are entitled to receive information concerning allegations or adjudications of use or threatened use of force. Information received by the Superintendent/designee and disclosed to the notification team and/or disclosed to school employees is confidential and may not become part of the student’s educational record.
The Superintendent shall ensure that confidentiality training is provided to all school employees who have access to this information.
V. PSYCHOLOGICAL EVALUATION/RISK ASSESSMENT
The MSAD #11 Board authorizes the Superintendent to request an immediate
psychological evaluation of a student who engages in conduct prohibited by this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school
The Superintendent is also authorized to request psychological evaluations of students who have been identified as posing a substantial risk of violent behavior.
All such evaluations shall be performed at the school unit’s expense.
If the parent/guardian and/or student refuse to permit a requested psychological evaluation, the Superintendent and the MSAD #11 Board may draw any reasonable inferences from the student’s behavior concerning the risk the student poses to school safety for purposes of determining appropriate action.
Legal References: 5 MRSA § 4681 et seq.
15 M.R.S.A. §§ 3301-A; 3308(7)(E); 3009
17-A MRSA §§ 2(9); 2(12-A)
20 USCA § 7151 (Gun-Free Schools Act)
20-A MRSA §§ 1001(9); 1001(9-A); 1055(11); 6552
Cross References: ACAA - Harassment and Sexual Harassment of Students
ADC - Tobacco Use and Possession
EBCA - Crisis Response Plan (Comprehensive Emergency Management
Plan)
JICH - Drug and Alcohol Use by Students
JK - Student Discipline
JKD - Suspension of Students
JKE - Expulsion of Students
JKF - Suspension/Expulsion of Students with Disabilities
JIH - Questioning and Searches of Students
KLG - Relations with Law Enforcement Authorities
Adopted: March 10, 1994
Revised: November 3, 1994; December 7, 1995; November, 1997; October, 1998;
April 12, 2001; December 6, 2001; January 9, 2009; March 3, 2011; March 7, 2013
BULLYING
The Board believes that bullying, including cyberbullying, is detrimental to student well-being and to student learning and achievement. It interferes with the mission of the schools to educate their students and disrupts the operations of the schools. Bullying affects not only students who are targets but also those who participate in and witness such behavior.
Bullying Prohibited
Bullying, including “cyberbullying,” is not acceptable conduct in MSAD #11 and is prohibited.
Retaliation for the reporting of incidents of such behavior is also prohibited.
In adopting this policy, it is not the Board’s intent to prohibit students from expressing their ideas, including religious, political and philosophical views that may offend the sensibilities of others, or from engaging in civil debate. However, the Board does not condone and will take action in response to conduct that directly interferes with students’ rights at school under applicable laws or with the educational mission, operations, discipline or general welfare of the schools.
Definition of Bullying
“Bullying” and “cyberbullying” have the same meaning in this policy as in Maine law:
Bullying
“Bullying” includes, but is not limited to a written, oral or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that:
A. Has, or a reasonable person would expect it to have, the effect of:
1. Physically harming a student or damaging a student’s property; or
2. Placing a student in reasonable fear of physical harm or damage to his/her property;
B. Interferes with the rights of a student by:
1. Creating an intimidating or hostile educational environment for the student; or
2. Interfering with the student’s academic performance or ability to participate in or benefit from the services, activities or privileges provided by the school; or
C. Is based on:
a. A student’s actual or perceived characteristics identified in 5 MRSA § 4602 or 4684-A (including race; color; ancestry; national origin; sex; sexual orientation; gender identity or expression; religion; physical or mental disability) or other distinguishing personal characteristics (such as socioeconomic status; age; physical appearance; weight; or family status); or
b. A student’s association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics; and that has the effect described in subparagraph A. or B. above.
Cyberbullying
“Cyberbullying” means bullying through the use of technology or any electronic communication, including but not limited to, a transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted by the use of any electronic device including, but not limited to, a computer, telephone, cellular telephone, text messaging device or personal digital assistant.
Application of Policy
This policy applies to bullying that:
A. Takes place at school or on school grounds, at any school-sponsored or school-related activity or event or while students are being transported to or from school or school-sponsored activities or events; or
B. Takes place elsewhere or through the use of technology, but only if the bullying also infringes on the rights of the student at school as set forth in the definition of “bullying.”
Consequences for Policy Violations
Students
Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion or a series of graduated consequences including alternative discipline or other behavioral interventions.
The Board retains the right to impose disciplinary consequences for bullying and other conduct that occurs at any time or place that substantially disrupts the instructional program, operations of the schools or welfare of students.
Any student violating this policy may also be subject to civil or criminal penalties.
School Employees and Others
Administrators, professional staff and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal, and in accordance with any applicable collective bargaining agreements.
Volunteers, contractors and visitors who violate this policy will be excluded barred from school property until the Superintendent is satisfied that the person will comply with Maine’s bullying law and this policy.
Any person violating this policy may also be subject to civil or criminal penalties.
Any school-affiliated organization that authorizes or engages in bullying or retaliation is subject to forfeiture of Board approval/sanctioning and/or suspension or revocation of its permission to operate on school grounds.
Staff Training
MSAD #11 will provide professional development and staff training in bullying
prevention and response.
Delegation of Responsibility
The Superintendent will designate the school principal and/or other school personnel to be responsible for implementation/enforcement of this policy and associated procedures on the school level.
The Superintendent/designee will be responsible for developing and implementing procedures in accordance with applicable law to implement this policy.
Dissemination of Policy
This policy, any associated administrative procedures and the names of the person(s) responsible for implementing the policy/procedure at the school level will be provided, in writing to students, parents, school employees and volunteers in handbooks, and on the school unit’s website and by such other means (if any) as may be determined by the Superintendent.
Legal Reference: 20-A M.R.S.A. § 1001(15), 6554
Cross Reference: AC - Nondiscrimination, Equal Opportunity
ACAA-R - Harassment and Sexual Harassment of Students
ACAD - Hazing
ADF - School District Commitment to Learning Results
CHCAA - Student Handbooks
JI - Student Rights and Responsibilities
JIC - Student Code of Conduct
JICC - Student Conduct on Buses
JICIA - Weapons, Violence and School Safety
JK - Student Discipline
JKD - Suspension of Students
JKE - Expulsion of Students
KLG - Relations with Law Enforcement Authorities
Adopted: April 4, 2013
File: JICK-E1
MSAD #11 BULLYING REPORT FORM
Name of complainant/reporter (by law, reports may be anonymous): ________________
Status of reporter: Student Parent School employee/coach/advisor Other _________
Contact information for reporter (if reporter is student, contact information for
parent/guardian): Phone: ________ Cell phone: ________ Email: _________________
Address: ________________________________________________
Name of alleged target(s): __________________________________________________
Name of alleged bully(ies): _________________________________________________
Relationship between alleged target/bully(ies): __________________________________
Time(s) and location(s) of alleged incident(s): __________________________________
Names of witnesses: _______________________________________________________
Description of incident(s) (attached additional pages if more space is needed):
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I agree that the information on this form is accurate and true to the best of my knowledge and belief.
_____________________________________ Date: _____________
Signature of complainant/reporter
Received by: _________________________ Date: _____________
Position/title: _________________________
Copy to building principal: Date: ______ Copy to Superintendent: Date: ______
Adopted: April 4, 2013
| Attachment | Size |
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| JICK-E1.pdf | 54.86 KB |
File: JICK-E3
DOCUMENTATION OF DISCIPLINARY AND
REMEDIAL ACTIONS TAKEN
____Notification of law enforcement authorities, if warranted (if any question, principal should consult with Superintendent first)
Date: _____ Reported to: ______________________________________
____In school suspension
____Out of school suspension
____Recommendation for expulsion
____Alternative discipline/restorative justice (describe): ____________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____Other intervention: ____________________________________________
____Support for targeted student: _____________________________________
____Counseling/referral to services (targeted student), if suitable
____Counseling/referral to services (bully), if suitable
____If bully is school employee or administrator, recommendation for action to be taken by Superintendent (any action must be consistent with collective bargaining agreement or individual contract).
____If bullying by other person (e.g., volunteer, visitor, contractor), action taken:______
_______________________________________________________________________
____If bullying by school-affiliated organization, action taken: ____________________
_______________________________________________________________________
WRITTEN NOTIFICATION TO PARENTS/GUARDIANS OF TARGETED STUDENT, INCLUDING MEASURES BEING TAKEN TO ENSURE STUDENT’S SAFETY:
Date: _____ By: ____________________ (Attach copy of notification here)
WRITTEN NOTIFICATION TO PARENTS/GUARDIANS OF STUDENT FOUND TO HAVE ENGAGED IN BULLYING BEHAVIOR, INCLUDING PROCESS FOR APPEAL:
Date: _____ By: _____________________ (Attach copy of notification here)
[IMPORTANT: ALL NOTIFICATIONS MUST RESPECT CONFIDENTIALITY OF STUDENT AND EMPLOYEE INFORMATION AS PROVIDED BY FEDERAL AND MAINE LAW AND REGULATIONS.]
Signature of building principal:_______________________ Date: ________
Copy sent to Superintendent on [___________]
Date
DOCUMENTATION OF APPEALS OF PRINCIPAL’S DECISION
Date appeal submitted: ______
All appeals to the Superintendent must be submitted, in writing, within 14 calendar days of the building principal’s decision, to the Central Office.
ACTIONS TAKEN BY SUPERINTENDENT
____Recommendation to Board for student expulsion
____Action taken against employee: (If confidential employment action, in personnel file)
____Recommendation to Board for suspension/revocation of sanctioning/approval of school-affiliated organization
____Action on appeal of principal’s decision: __________________________________
_______________________________________________________________________
____Other:______________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Adopted: April 4, 2013
| Attachment | Size |
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| JICK-E3.pdf | 74.03 KB |
File: JICK-E4
MSAD #11
BULLYING REPORTING, INVESTIGATION AND
INTERVENTION/RESOLUTION PROCESS
Download the file attached below to obtain the Bullying, Investigation, and Intervention/Resolution Process..
Adopted: April 4, 2013
| Attachment | Size |
|---|---|
| JICK-E4.pdf | 75.05 KB |
File: JICK-R
BULLYING – ADMINISTRATIVE PROCEDURE
This procedure is intended as guidance for school administrators in carrying out their responsibilities when bullying is alleged to have occurred. It provides important definitions as well as steps for reporting, investigating and responding to allegations of bullying.
Bullying behavior alleged to be based on race, color, ancestry, national origin, sex, sexual orientation, religion or disability should be addressed under the procedures set forth in the Student Harassment and Sexual Harassment procedure, ACAA-R, rather than under this procedure.
Definitions
The following terms are defined in Maine law (20-A MRSA § 6554):
Bullying
“Bullying” includes, but is not limited to a written, oral or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that:
A. Has, or a reasonable person would expect it to have, the effect of:
1. Physically harming a student or damaging a student’s property; or
2. Placing a student in reasonable fear of physical harm or damage to his/her property;
B. Interferes with the rights of a student by:
1. Creating an intimidating or hostile educational environment for the student; or
2. Interfering with the student’s academic performance or ability to participate in or benefit from the services, activities or privileges provided by the school; or
C. Is based on:
a. A student’s actual or perceived characteristics identified in 5 MRSA § 4602 or 4684-A (including race; color; ancestry; national origin; sex; sexual orientation; gender identity or expression; religion; physical or mental disability) or other distinguishing personal
b. Characteristics (such as socioeconomic status; age; physical appearance; weight; or family status); or
c. A student’s association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics; and that has the effect described in subparagraph A. or B. above.
Cyberbullying
“Cyberbullying” means bullying through the use of technology or any electronic communication, including but not limited to, a transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted by the use of any electronic device including, but not limited to, a computer, telephone, cellular telephone, text messaging device or personal digital assistant.
For the purpose of this policy, bullying does not mean mere teasing, put-downs, “talking trash,” trading of insults, or similar interactions among friends, nor does it include expression of ideas or beliefs so long as such expression is not lewd, profane or does not interfere with students’ opportunity to learn, the instructional program or the operations of the schools. This does not preclude teachers or school administrators from setting and enforcing rules for civility, courtesy and/or responsible behavior in the classroom and the school environment.
The determination whether particular conduct constitutes bullying requires reasonable consideration of the circumstances, which include the frequency of the behavior at issue, the location in which the behavior occurs, the ages and maturity of the students involved, the activity or context in which the conduct occurs, and the nature and severity of the conduct.
[NOTE: Some of the actions that constitute bullying may also be addressed in other Board policies, such as ACAA – Student Harassment and Sexual Harassment or JICIA – Weapons, Violence, and School Safety. Federal and/or state law and the Board’s basic nondiscrimination policy, AC, provide protection for students based on the “protected categories” listed in paragraph “C” above. Students alleging bullying based on one or more of these protected categories should follow the procedures set forth in the Student Harassment and Sexual Harassment procedure (ACAA-R) and also have the right to report complaints to the Maine Human rights Commission, 51 State House Station, Augusta, ME 04333 (telephone: 207-624-6050) and/or to the U.S. Department of Education, Office for Civil rights/ED, 5 Post Office Square, Suite 900, Boston, MA 02109-3921 9telephone: 617-223-9622; TDD: 877-521-2172; fax: 617-289-0150).]
Retaliation
“Retaliation means” an act or gesture against a student for asserting or alleging an act of bullying. “Retaliation” also includes reporting that is not made in good faith on an act of bullying (i.e., the making of false allegations or reports of bullying).
School Grounds
“School grounds” means a school building; property on which a school building or facility is located; and property that is owned, leased or used by a school for a school-sponsored activity, function, program, instruction or training. “School grounds” also includes school-related transportation vehicles.
Alternative Discipline
“Alternative discipline” means disciplinary action other than suspension or expulsion from school that is designed to correct and address the root causes of a student’s specific misbehavior while retaining the student in class or school, or restorative school practices to repair the harm done to relationships and persons from the student’s misbehavior.
Bullying Reports
Students and Parents/Guardians
Students who believe they have been bullied, or who have witnessed or learned about an act of bullying are strongly encouraged to report this behavior to the building Administrator.
Parents/guardians may report bullying on behalf of their children or when they have witnessed or are aware of the occurrence of bullying.
Reports of bullying may be made anonymously, but no disciplinary action shall be taken against a student solely on the basis of an anonymous report.
Any student who has been determined to have made a false report of bullying will be subject to disciplinary consequences.
School Employees
For the purposes of this procedure, “school employees” includes coaches, advisors for cocurricular or extracurricular activities and volunteers.
All school employees are expected to intervene when they see acts of bullying in progress and are required to report incidents of bullying they have witnessed or become aware of to the building Administrator as soon as practicable.
School employees who fail to report bullying or who have made a false report of bullying will be subject to disciplinary consequences up to and including termination, in accordance with any applicable collective bargaining agreement.
Others
Contractors, service providers, visitors or community members who have witnessed or become aware of bullying are encouraged to report such incidents to the building Administrator.
Form of Reports
Complaints or reports of bullying may be made orally or in writing, but all reports will be documented in writing by school personnel authorized to receive complaints or reports, using the school unit’s reporting form (JICK-E1).
School employees are required to make reports of bullying to the building Administrator in writing. Although students, parents and others, as identified above, may make bullying reports anonymously, all persons reporting incidents of bullying are encouraged to identify themselves.
Bullying reports may be made anonymously, but in no instance will action be taken against any person or organization affiliated with the schools solely on the basis of an anonymous report.
The building principal will forward a copy of the report to the Superintendent by the end of the next school day.
Interim Measures
The building principal may take such interim measures as he/she deems appropriate to ensure the safety of the targeted student and prevent further bullying and will inform the parents of the targeted student of measures taken.
Investigation
The building Administrator will ensure that all reports of bullying and retaliation are investigated promptly and that documentation of the investigation, including the substance of the complaint or report and the outcome of the investigation is prepared and forwarded to the Superintendent within a reasonable period of time.
Response to Bullying by Students
If bullying has been substantiated, the building principal or designee as appropriate under the circumstances will determine the appropriate disciplinary consequences, which may include detention, suspension or expulsion; alternative discipline; remediation; and/or other intervention.
Alternative discipline includes but is not limited to:
A. Meeting with the student and the student’s parents;
B. Reflective activities, such as requiring the student to write an essay about the student’s misbehavior;
C. Mediation when there is mutual conflict between peers, rather than one-way negative behavior, and when both parties freely choose to meet;
D. Counseling;
E. Anger management;
F. Health counseling or intervention;
G. Mental health counseling;
H. Participation in skills building and resolution activities, such as social-emotional cognitive skills building, resolution circles and restorative conferencing;
I. Community service; and
J. In-school detention or suspension, which may take place during lunchtime, after school or on weekends.
[NOTE: Items A-J are listed as examples of alternative discipline in 20-A § 6554(2)(A).]
If the bullying behavior appears to be a criminal violation, the building principal will notify local law enforcement authorities.
If bullying has been substantiated, the building principal will provide written notification to:
A. The parents/guardians of the targeted student, including the measures being taken to ensure the student’s safety; and to
B. The parents/guardians of the student found to have engaged in bullying, including the process for appeal.
All communications to parents must respect the confidentiality of student and employee information as provided by federal and Maine law and regulations.
Appeals
Any appeal of the building principal’s decisions in regard to consequences for bullying must be submitted, in writing, within 14 calendar days of the parental notification. The Superintendent will review the investigation report and actions taken and decide whether to sustain or deny the appeal. The Superintendent’s decision shall be final.
Cross Reference: ACAA-R – Student Harassment and Sexual Harassment Procedure
JICK – Bullying
JRA-R – Student Education Records and Student Information
Adopted: April 4, 2013
File: JIH
Questioning and Searches of Students
The MSAD #11 School Board seeks to maintain a safe and orderly environment in the schools. School administrators may question and/or search students in accordance with this policy and accompanying administrative procedure.
Students, their personal property, and their vehicles may be searched upon reasonable suspicion that they possess any items or substances which are prohibited by law, MSAD #11 Board policies and/or school rules, or which interfere with the operations, discipline or general welfare of the school.
When special circumstances exist, including but not limited to a suspected ongoing violation of the MSAD #11 Board’s drug/alcohol or weapons policies, or when a potential threat to safety is identified, school administrators may search groups of students or the entire student body without individualized suspicion.
Student use of all school storage facilities, including but not limited to lockers, desks and parking lots, is a privilege granted by the school. All storage facilities are school property and remain under the control, custody, and supervision of the school. Students have no expectation of privacy in school storage facilities or for any items placed in such storage facilities. School administrators have the authority to inspect and search storage facilities and their contents on a random basis, with or without reasonable suspicion, and without notice or consent. Canine patrols may be used to conduct searches anywhere on school property.
If a search produces evidence that a student has violated or is violating the law, MSAD #11 Board policies and/or school rules, such evidence may be seized and impounded by school administrators and appropriate disciplinary action may be taken. Evidence may be forwarded to law enforcement authorities as required by law or as deemed appropriate by school administrators.
A student who refuses to comply with a search directive may be subject to disciplinary action, including the disciplinary consequences for the suspected violation.
The Superintendent is authorized to develop and implement, with input from legal counsel, administrators, and/or other appropriate persons, any administrative procedures necessary to carry out this policy.
This policy and the accompanying procedure will be included in student/parent handbooks.
Cross Reference: JIH-R – Questioning and Searches of Students
JICH- Drug and Alcohol Use by Students
JICIA – Weapons, Violence, and School Safety
JK – Student Discipline
KLG – Relations with Law Enforcement Authorities
Adopted: December 6, 2007
File: JIH-R
Questioning and Searches of Students
Administrative Procedure
The purpose of this administrative rule is to provide guidelines for the conduct of student questioning and searches by authorized school administrators. These are guidelines only and may be adjusted within reasonable and lawful limits on a case by case basis. School administrators have the discretion to request the assistance of law enforcement authorities as they deem necessary and in accordance with MSAD #11 Board policy. Law enforcement authorities will not participate in searches except under exceptional circumstances.
[NOTE: Administrators should be aware that police generally must have “probable cause” to conduct searches, which is higher standard than “reasonable suspicion”, the standard required of school administrators.]
Any item found during a search that is illegal, violates MSAD #11 Board policies or school rules, or which in the reasonable judgment of school administrators represents a threat to the safety and welfare of the school population shall be seized. Illegal items shall be turned over to law enforcement authorities. Other items shall be stored in a secure location until a determination is made regarding appropriate disposition.
School administrators are required to document all searches and items seized or impounded. The Superintendent and the parents or students involved shall be provided with a copy of such report.
A. Questioning by School Administrators
1. School administrators are under no obligation to notify a student’s parents/
guardians prior to questioning a student regarding alleged violations of
MSAD #11 Board policies, school rules, and/or federal/state laws.
2. School administrators shall inform the student of reasons for the
questioning and provide an opportunity for the student to respond to
any allegations. School administrators shall make a reasonable effort
to question the student in a location out of the sigh and hearing of other
students.
3. If a student fails to cooperate, lies, misleads, or threatens any person
during questioning, he/she may be subject to additional disciplinary action.
B. Searches of Students, Personal Property in Students’ Immediate Possession
1. School administrators are authorized to search students and/or personal
property in students’ immediate possession, when, in their judgment, there
are reasonable grounds to suspect that a student has violated or is violating
MSAD #11 Board policies, school rules, federal/state laws, or is interfering with the operations, discipline or general welfare of the school.
2. All searches of students and/or their personal property shall be authorized
and conducted by a school administrator in the presence of a witness, except
where the circumstances render the presence of a witness impractical. A
reasonable effort will be made to conduct searches out of the sight and
hearing of other students.
3. Searches should be reasonably related to the suspected violation and no more
intrusive than necessary to discover the evidence for which the search was
instigated. Searches may include pat downs and searches of the student’s
outer clothes (e.g., pockets, jacket, shoes, hat) and personal belongings
(e.g., purse, backpack, gym bag, lunch bag). The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items. If the search produces a reasonable suspicion of the presence of evidence, a broader search may be justified. If a strip search appears to be necessary, law enforcement authorities shall be contacted and conduct the search.
4. Searches which disclose evidence that a student has violated MSAD #11Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
C. Searches of Lockers, Desks, and Other School Storage Facilities
1. School administrators shall consult with the Superintendent prior to conducting
random searches. Students have no expectation of privacy in school storage facilities or for any items placed in such storage facilities. School administrators have the authority to inspect and search storage facilities and their contents on a random basis, with or without reasonable suspicion, and without notice or consent.
2. Searches of individual student lockers, desks, or other storage facilities and their
contents based upon reasonable suspicion will be conducted in the presence of the student and a witness, if practical under the circumstances of the search. A reasonable effort will be made to conduct searches out of the sight and hearing of other students. The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items.
3. Any search which discloses evidence that a student has violated MSAD #11 Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school
disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
D. Patrolling of Parking Lots and Searching Vehicles
1. Students may drive vehicles to school and park in designated areas in accordance
with school rules. School administrators retain the authority to patrol parking lots.
2. If school administrators have a reasonable suspicion that a vehicle which a student
has parked at school contains evidence that the student has or is violating MSAD #11 Board policies or school rules, or federal/state laws, and/or there is a substantial threat to the welfare and safety of the schools, a school administrator will search the vehicle in the presence of a witness, except where the circumstances make the presence of a witness impractical.
3. If practical, the student should be present during the search. A reasonable effort
will be made to conduct searches out of the sight and hearing of other students. The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items.
E. Canine Patrols
1. The Superintendent may authorize canine patrols to take place anywhere
on school property if he/she deems it advisable to maintain school safety or if there is a reasonable suspicion that drugs, weapons, and/or other illegal substances of items will be found. Canine patrols may include school lockers and/or student vehicles in school parking lots.
2. The Superintendent must make requests for canine patrols in writing to the
appropriate law enforcement authorities. Only certified dogs and handlers may be used.
3. Whenever possible, canine patrols will be scheduled to minimize disruption
of the academic program and risk of contact with students.
4. When canine patrols take place during the school day, teachers will be notified
prior to the initiation of a canine patrol to keep students in their classrooms, or
designated evacuation area during the patrol. Any students in the parking lot, or
anywhere outside of a classroom, prior to a canine patrol will be instructed to
report to the school office, appropriate classroom, or evacuation area.
5. All lockers and/or student vehicles will be scanned during a canine patrol. Any
locker and/or vehicle identified by the canine patrol will be noted by the school administrators accompanying the patrol.
6. Immediately following removal of the dogs, each area noted during the canine
patrol will be searched. Each search will be conducted by a school administrator in the presence of a witness, except where the circumstances make the presence of a witness impractical.
7. If practical, the student should be present during a search of his/her locker or
vehicle. A reasonable effort may be made to conduct the search out of the sight and hearing of other students. The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items.
Cross Reference: JIH-Questioning and Searches of Students
KLG-Relations with Law Enforcement Authorities
Adopted: December 6, 2007
File: JJE
STUDENT FUNDRAISING ACTIVITIES
The MSAD #11 Board recognizes that it is responsible for providing through the budget process the resources necessary to support the school district’s instructional program. However, the MSAD #11 Board acknowledges that student organizations may wish to engage in fundraising in order to support their activities, to provide funding for social events and/or student travel, to benefit the school or community, or for humanitarian purposes.
It is the purpose of this policy to provide guidelines for student participation in fundraising activities.
A. Fundraising Guidelines
The following general guidelines apply to fundraising by student
organizations. These guidelines and additional considerations shall
apply to student participation in fundraising conducted for other purposes.
1. All student fundraising activities must be approved in advance by
the building principal. There must be sufficient educational or
financial benefits to the school and/or students to justify the
fundraising activity.
2. Student fundraising activities must be supervised by a building
administrator, teacher or activity advisor.
3. The activity must be one in which schools and students may
appropriately engage, and must not subject the schools or students
to unnecessary risk or responsibility. In the event there is a question
regarding the appropriateness of a proposed activity or the proposed
fundraising activity is one that is new to the school system, the
building principal shall consult with the Superintendent.
4. Participation by students shall be voluntary
5. The activity must not be unduly demanding of student or staff time
or work. Neither students nor staff should miss instructional time to
plan or implement fundraising activities, acquire, demonstrate of
distribute products, solicit sales, or to collect or record monies.
Students may participate in fundraising activities during non-
instructional time, such as lunch periods and before and after school.
6. There shall be no mandatory quotas for product sales or donations.
7. Class time will not be used for distribution of promotional materials.
8. Students participating in fundraising activities are expected to conduct
themselves in accordance with MSAD #11 Board policies, school rules
and the student code of conduct.
9. In the interest of student safety, activities involving door-to-door
solicitation by elementary level students are prohibited.
10. Club and class dues shall be determined by the club or class officers
in consultation with the club or activity advisor. The building principal
shall have final authority over the setting of club and class dues.
11. The building administrator and teachers or advisors supervising
fundraising activities will be responsible for the collection,
monitoring, deposit into student activity accounts, and disbursement
of funds raised in accordance with the MSAD #11 Board’s policy DFF,
Student Activities Funds Management (or other applicable policy code
and title).
12. No student fund raising activities may occur two weeks prior to the start of the Fall athletic season. All athletic student fund raising activities must comply with Maine Principals Association rules.
B. Solicitation of Funds By and From Students for Humanitarian or Charitable
Organizations
Student fundraising may be conducted to benefit humanitarian or charitable
organizations or purposes only as follows:
1. The fundraising activity or charity drive must be sponsored by a recognized
school club or student organization and approved in advance by the
building principal.
2. The activity or drive must be supervised by a building administrator, teacher.
or coach.
3. Instructional time should not be used for planning or soliciting funds.
4. Class time should not be used for distribution of promotional materials.
5. Participation in or donation to any fundraising activity shall be optional.
Under no circumstances will any student be compelled to participate or donate,
or be penalized for not participating or donating.
6. Fundraising activities must be conducted in accordance with the guidelines in
Section A of this policy.
7. The building administrator or teacher charged with supervising the fundraising
activity or drive will be responsible for the collection, monitoring and disbursement of funds raised. Use of any student activity account must be in accordance with the MSAD #11 Board’s policy DFF (or other code), Student Activities Funds Management.
C. Use of Students in PTO/Parent Group Fundraisers
The MSAD #11 Board recognizes that PTO’s and other parent groups may wish to
involve students in fundraising activities. The following provisions apply to student participation in such activities:
1. Any fundraising activity sponsored by a PTO or other parent group
that involves student participation must be approved in advance by the
building principal and be conducted in consultation with the building principal and staff.
2. Participation should provide a positive experience for students.
3. Participation by staff and students shall be voluntary.
4. Instructional time will not be used for fundraising activities or solicitations.
5. All activities must be conducted in accordance with the fundraising
guidelines in Section A of this policy.
D. Coordination of Fundraising Activities
PTO’s, boosters and other parent groups are encouraged to coordinate their fundraising activities with student organization-initiated fundraisers in order to avoid burdening local businesses and the community.
The MSAD #11 Board encourages the use of a fundraising calendar at each school to assist in spreading fundraisers over the school year.
Cross Reference: DFF-Student Activities Funds Management (alternative code JJF)
EFE-Competitive Food Sales
JJIBC-Relations with Booster Groups
Adopted: November 6, 2008
File: JJEA
STUDENT PARTICIPATION IN ACADEMIC ORIENTED COMPETITIONS
Students from MSAD #11 often participate in academic-oriented, school-sanctioned activities that provide opportunities to compete at the regional and national level. The MSAD #11 Board wishes to recognize and support students who participate in academic-oriented national competitions such as Destination Imagination and VICA, within its overall budget constraints.
A student or team of students may apply to the MSAD #11 Board for reimbursement of actual expenses incurred in participating in an academic oriented competition up to $250 for an individual or up to $1,000 for a team. Application for reimbursement must be made in writing and include documentation that the student(s) have engaged in fundraising to defray expenses. Such fundraising must have been conducted in accordance with the MSAD #11 Boards policy JJE—Student Fundraising Activities. The MSAD #11 Board will make decisions regarding reimbursement on a case-by-case basis.
Cross Reference: JJE – Student Fundraising Activities
Adopted: October 10, 2002
Revised: January 8, 2009
File: JJI
MSAD #11 PHILOSOPHY OF ATHLETICS
The MSAD #11 Board recognizes the value of athletics as an integral part of the educational program.
The MSAD #11 Board believes that participation in sports provides a significant learning experience and opportunity for personal growth. Learning in sports is closely related to learning in the classroom, supporting the Guiding Principles of Maine’s System of Learning Results. In competition and practice, student athletes learn skills, strategies, relationships, leadership, self-discipline and responsibility. They also learn the importance of setting goals for themselves and the team, and planning how to achieve those goals.
The MSAD #11 Board also believes that participation in sports is related to physical and emotional health and fitness. Sports provide the incentive for developing and maintaining healthy bodies and active minds. Sports promote habits of exercise and good nutrition that can last a lifetime. Participation in sports builds self-confidence and a sense of personal responsibility for making healthy lifestyle choices. Being part of a team also creates a feeling of belonging and offers a supportive network that contributes to emotional well-being.
Based on these beliefs, it is the MSAD #11 Board’s intent that the school district offers students the opportunity to experience developmentally sound athletic programs.
At the high school level, interscholastic athletic programs will be designed to serve the needs of students who have shown that they are developmentally ready for intense competitive experiences. At this level, the purpose of athletic programs is to promote healthy competition, sportsmanship, cooperation, integrity and citizenship. Whenever feasible, sub-varsity programs will be available to students who wish to learn a new sport. The MSAD #11 Board also supports intramural sports as a way to involve students who are not competing in interscholastic activities.
At the middle school level, the school district’s athletic programs will be designed to meet the developmental needs of students through appropriate intramural and interscholastic activities. At this level, athletic programs will emphasize exploration of various sports, the strengthening of fundamental skills, teamwork, sportsmanship, and health and safety. It is the MSAD #11 Board’s intent that the programs promote opportunities for involvement of all team members in practices and play. The MSAD #11 Board supports intramural activities for students not participating in interscholastic activities or when financial, staffing or other concerns require the school to limit the number of students participating in interscholastic activities.
The MSAD #11 Board will be responsible for approving the school sponsorship of interscholastic athletic programs. The Superintendent/designee (e.g., Athletic Director) shall be responsible for making recommendations concerning the approval of new athletic programs or the modification or elimination of existing programs. The MSAD #11 Board may articulate, through policy, criteria to be considered in decision-making or may delegate the responsibility for developing such criteria to the Superintendent/designee.
Cross Reference: JJIB—Sponsorship and Evaluation of Athletic Programs
JJIBA—Hiring and Evaluation of Coaches
JJIBB—Sportsmanship
JJIBC—Relations with Booster Groups (or alternative code KJA)
Adopted: November 6, 2008
JJIA PRIVATE SCHOOL STUDENTS-ACCESS TO PUBLIC SCHOOL CO-CURRICULAR, INTERSCHOLASTIC AND EXTRA-CURRICULAR ACTIVITIES
The Board recognizes that Maine law sets standards for access to or eligibility for public school
co-curricular, interscholastic and extra-curricular activities by students enrolled in equivalent instruction programs in private schools.
For the purpose of this policy, "student enrolled in equivalent instruction program" means a
student otherwise eligible to attend school in that school administrative unit, including a student
who resides in the unorganized territory, when the student is enrolled in an equivalent instruction program in a private school that:
A. Is recognized as an equivalent instruction alternative under 20-A MRSA §
5001-A(3)(1)(a) or (b) (i.e., a private school approved for attendance purposes
under 20-A MRSA § 2901 or a private school recognized by the Department
of Education as providing equivalent instruction); and
B. Is not a member of an association that promotes, organizes or regulates statewide
interscholastic activities in both public and private schools.
PARTICIPATION IN CO-CURRlCULAR ACTIVITIES
"Co-curricular activities," for the purpose of this policy, are activities that are sponsored by then
school, are directly related to the curriculum and support achievement of the learning standards
established by law, Board policy and or administrative action. Examples of such activities include the math club, science fairs and foreign language clubs.
A student enrolled in an equivalent instruction program as defined in this policy is eligible to
participate in co-curricular activities sponsored by MSAD #11 provided that or so long as:
A. The student or his/her parent/guardian applies in writing to and receives written approval from the school principal/designee; and
B. The student currently meets, and agrees to meet in the future, established behavioral,
disciplinary, attendance and other roles applicable to all students.
The principal/designee has reasonable discretion to grant or withhold approval based on factors
including: whether the activity is already filled or at capacity with enrolled students, additional costs that would be caused by the student's participation, the student's behavioral and academic record provided by the private school, safety) and any other factors that involve the best interests of the school. The principal/designee's decision shall not be subject to appeal or reconsideration unless it is in violation of the law or a Board policy.
PARTICIPATION IN EXTRA-CURRICULAR ACTIVITIES
"Extra-curricular activities" for the purpose of this policy, are school-sponsored activities for which participants are selected by staff supervising the activities, including those teams, both athletic and academic, that participates in interscholastic competition.
A student enrolled in an equivalent instruction program as defined in this policy is eligible to try out
for extra-curricular and interscholastic activities sponsored by MSAD #11 provided that or so long as
the following requirements are met/satisfied:
A. The student applies for and receives written approval from the principal/designee;
B. The student agrees to abide by equivalent rules of participation as are applicable to
regularly enrolled students participating in the activity and provides evidence that the
rules of participation are being met.
C. The student complies with the same physical examination, immunization, insurance, age,
and semester eligibility requirements as regularly enrolled students participating in the
activities. All required documentation must be made available upon request by the school unit.
D. The student meets equivalent academic standards as those established for regularly
enrolled regularly enrolled students participating in the activity and provides evidence
that the academic standards are being met.
E. The student abides by the same transportation policy as regularly enrolled students
participating in the activity.
The principal/designee will be responsible for approving or withholding approval of applications
to try out for an extra-curricular activity or for approving or denying applications.
The criteria for selection of participants shall be determined by the staff members (coaches, advisors and their supervisors) responsible for the activities. Tryouts are by nature competitive. Eligibility to tryout does not guarantee participation. Decisions resulting in non-selection of individual students shall not be subject to appeal or reconsideration unless they are in violation of law or Board policy.
VERIFICATION OF ELIGIILITY
To permit verification that the student has met eligibility requirements under this policy, the student's parent (or the student, if 18 years old) must authorize the private school to provide to the principal all information necessary to determine whether the student meets the requirements.
DELEGATION OF AUTHORITY
In order to maintain an efficient and orderly method for processing applications for participation, the Board authorizes the Superintendent/designee to develop procedures, as appropriate, for the principal/designee's use in determining whether students have met eligibility requirements and for granting or withholding approval of participation.
MSAD #11 has no obligation to notify or provide information concerning eligibility for or access to or the law regarding access to participation in school-sponsored co-curricular, interscholastic or extra-curricular activities to students enrolled in equivalent instruction in private schools.
APPEALS
Appeals from administration and application of the Board policy are heard by the Board, whose decision is final and binding. Appeals that question the Board's policy compliance with legal requirements must be made to the Commissioner, whose decision is final and binding.
Legal Reference: 20-A MRSA §§ 2901, 500l-A, 5021-A(3)
Cross Reference: K.E - Public Concerns and Complaints
Adopted: January 2012
PRIVATE SCHOOL STUDENT APPLICATION FOR PARTICIPATION IN MSAD #11
CO-CURRICULAR ACTIVITIES
The parent (or student if 18 years of age or older) must submit a separate application for each activity in which participation is desired.
STUDENT INFORMATION
Student's Name:
Student's Date of Birth:
Grade in Private School:
Student's Address:
Phone Number:
Parent/Guardian's Name:
Private School Name:
Private School Address:
Private School Phone Number:
Private School Principal/Headmaster’s Name:
Student is Applying for Participation in the Following Activity: _______________________
________________________________________________________________________
VERIFICATION OF ELIGIBILITY
I authorize __________________________________________________________to provide to
Private School Name
MSAD #11 upon its request all information necessary to verify that my son/daughter,
_____________________________________________________ meets the eligibility Student's Name
requirements for participation in the co-curricular activity that is the subject of this application.
__________________________________________ _____________________
Parent's Signature (or Student's, if 18 or older) Date
STUDENT PARTICIPATION AGREEMENT
I agree to comply with all MSAD #11 policies, administrative procedures, and behavioral, disciplinary, attendance and other rules that apply to MSAD #11 students participating in the co-curricular activity that is the subject of this application.
_______________________________________________ ______________
Student's Signature Date
Adopted: January 2012
PRIVATE SCHOOL STUDENT APPLICATION FOR PARTICIPATION IN MSAD # 11 EXTRA-CURRICULAR ACTIVITIES
The parent (or student if 18 years of age or older) must submit a separate application for each activity in which participation is desired. MSAD #11 will verify eligibility before the student is allowed to try out for the requested activity.
STUDENT INFORMATION
Student's Name:
Student's Date of Birth:
Grade in Private School:
Student's Address:
Phone Number:
Parent/Guardian's Name:
Private School Name:
Private School Address:
Private School Phone Number:
Private School Principal/Headmaster's Name:
Student is Applying for Participation in the Following Activity: __________________________
__________________________________________________________________________
THE FOLLOWING DOCUMENTATION WILL BE REQUIRED FOR VERIFICATION OF ELIGIBILITY TO TRY OUT FOR PARTICIPATION:
Evidence that the student currently meets the same behavioral, disciplinary, attendance and other eligibility applicable to all students in MSAD #11;
Student's written agreement to comply with the same behavioral, disciplinary, attendance and other eligibility applicable to all students in MSAD #11;
Documentation of sports physical (if applicable) and clearance to play;
Documentation of immunization presented;
Evidence of insurance;
Documentation of age eligibility;
Documentation of academic standing (grades or other evidence that academic eligibility standards have been met); and
Student's written agreement to abide by the same transportation rules that apply to regularly enrolled students.
_____________________________________________________________________________
VERIFICATION OF ELIGIBILITY
I authorize _____________________________________________________ to provide to
Private School Name
MSAD #11 upon its request all information necessary to verify that my son/daughter,
___________________________________________________ meets the eligibility
Student's name
requirements for participation in the extracurricular activity that is the subject of this application.
I agree to provide to MSAD #11, documentation of immunizations, insurance and sports
physical and clearance to play (if applicable) if such information is not maintained at
____________________________________________________________________________
Private School Name
_________________________________________________________________________ _____________________
Parent's Signature (or Student's, if 18 or older) Date
STUDENT PARTICIPATION AGREEMENT
I agree to comply with all MSAD #11 policies, administrative procedures, and behavioral, disciplinary, attendance and other rules that apply to MSAD #11 students participating in the extra-curricular activity that is the subject of this application.
I also agree to abide by the same transportation rules that apply to all MSAD #11 participants in this activity.
______________________________________________________ ________________
Student's Signature Date
Adopted: January 2012
VERIFICATION OF PRIVATE SCHOOL STUDENT ELIGIBILITY FOR PARTICIPATION IN MSAD #11 CO-CURRICULAR ACTIVITIES
A separate application must be received for each activity in which participation is desired. This form is used to verify eligibility and to approve/deny participation.
STUDENT INFORMATION
Student's Name:
Student's Date of Birth:
Grade in Private School:
Student's Address:
Phone Number:
Parent/Guardian's Name:
Private School Name:
Private School Address:
Private School Phone Number:
Private School Principal/Headmaster's Name:
Student is Applying for Participation in the Following Activity: __________________________
__________________________________________________________________________
FOR CO-CURRICULAR ACTIVITIES
• Written application ________________________________
Date Received
• Student's written agreement to comply with behavioral, disciplinary, attendance and other rules applicable to all students in MSAD #11 ________________________
Date Received
• Student participation in the desired activity is approved.
• Student participation in the desired activity NOT approved.
Decision by: ______________________________________________ ______________
Name and Title Date
Student/parent notified of decision: Date: __________________ Method: _________________
Adopted: January 2012
VERIFICATION OF PRIVATE SCHOOL STUDENT ELIGIBILITY FOR PARTICIPATION IN MSAD #11 CO-CURRICULAR ACTIVITIES
A separate application must be received for each activity in which participation is desired. This form is used to verify eligibility and to approve/deny participation.
STUDENT INFORMATION
Student's Name:
Student's Date of Birth:
Grade in Private School:
Student's Address:
Phone Number:
Parent/Guardian's Name:
Private School Name:
Private School Address:
Private School Phone Number:
Private School Principal/Headmaster's Name:
Student is Applying for Participation in the Following Activity: __________________________
__________________________________________________________________________
FOR CO-CURRICULAR ACTIVITIES
• Written application ________________________________
Date Received
• Student's written agreement to comply with behavioral, disciplinary, attendance and other rules applicable to all students in MSAD #11 ________________________
Date Received
• Student participation in the desired activity is approved.
• Student participation in the desired activity NOT approved.
Decision by: ______________________________________________ ______________
Name and Title Date
Student/parent notified of decision: Date: __________________ Method: _________________
Adopted: January 2012
File: JJIB
SPONSORSHIP AND EVALUATION OF ATHLETIC PROGRAMS
It is the MSAD #11 Board’s desire to offer students athletic programming that provides diverse, developmentally appropriate opportunities and encourages student participation. At the same time, the MSAD #11 Board recognizes that resources may not be available to fund all of the sports in which students and the community have an interest. In order to provide students with meaningful athletic experiences while maintaining high quality, sustainable programs, the MSAD #11 Board adopts this policy governing sponsorship and evaluation of the school district’s athletic programs.
Through sponsorship, the school district assumes responsibility for, and control of, a particular athletic program. Sponsorship requires MSAD #11 Board approval. The school district assumes responsibility only for those interscholastic athletic programs the MSAD #11 Board has designated as school-sponsored.
The MSAD #11 Board will approve for sponsorship only those programs that are consistent with its philosophy and policies and with regulations established by the appropriate governing bodies, including the Maine Principals’ Association (which refers to its regulations as “policies”). Sponsorship does not mean that funding will be provided in whole or in part through the school district’s budget. Sponsorship is required even for activities that may be funded in full by booster organizations.
Sponsorship is required before any team may represent itself using the school name, to be eligible for league play and tournament participation, or to be eligible for school athletic awards.
In order to assess the sustainability of athletic activities, each ongoing activity will be evaluated on at least an annual cycle.
The MSAD #11 Board establishes the following process for the approval and evaluation of athletic programs.
A. CRITERIA FOR APPROVAL AND EVALUATION OF ATHLETIC PROGRAMS
The Principal, Assistant Principal/Athletic Director shall be responsible for developing a process for evaluating potential athletic programs and assessing the viability of existing programs. The process shall take into consideration the following factors, which shall be applied consistently to all programs:
1. Student body interest;
2. Community interest;
3. Gender equity;
4. Impact on facilities;
5. Impact on existing programs;
6. Impact on administration and staff;
7. Expenses;
8. Availability of competition;
9. Potential to field competitive teams;
10. Alignment with MSAD #11 Board philosophy and policies, student/
athletic handbooks; and
11. Availability of funds, consideration of extraordinary costs (e.g., rental of facilities, transportation, specialized equipment), and other relevant data.
B. APPROVAL OF NEW ATHLETIC PROGRAMS
Sponsorship of all new interscholastic athletic programs must be approved in advance. The Superintendent shall be responsible for making and supporting recommendations to the MSAD #11 Board during the District budget process
prior to the proposed starting date. Recommendations are to be made based on data from the evaluation process.
The MSAD #11 Board may impose conditions that must be met for the program to be approved.
Following initial approval, new programs will be placed on a two-year club status. All club athletic programs must follow MSAD #11 and MPA policies.
During the District budget process, the Athletic Director must submit a report to the MSAD #11 Board including recommendations and support for continued MSAD #11 Board approval. The Board may provide for continuing approval, deny approval, or extend the probationary status for one additional year. Probationary status shall not exceed three years.
C. EVALUATION OF EXISTING OR ONGOING SCHOOL-SPONSORED ATHLETIC PROGRAMS
Every athletic program will be reviewed on an annual cycle.
The purpose of evaluation is to ensure that all existing or previously approved programs continue to meet the standards and criteria established by the MSAD #11 Board.
Based upon the data, the Superintendent shall make a recommendation to the MSAD #11 Board as to whether the program should continue, be suspended for a year or deleted. The MSAD #11 Board may vote to delete any program that it deems no longer sustainable or in keeping with MSAD #11 Board philosophy, standards or criteria.
D. DELEGATION OF AUTHORITY
The MSAD #11 School Board may appoint a program evaluation or review committee to perform evaluations of proposed and existing athletic programs. Any such committee must have a defined purpose and balanced representation including the Superintendent and/or Athletic Director, a high school administrator, a middle school administrator, teachers who are employed as coaches, parents, students and community. Any such committee will use the process
for program evaluation.
The committee shall be advisory to the MSAD #11 Board. While it may make recommendations to the MSAD #11 Board, the MSAD #11 Board retains full authority over athletic programs.
Cross Reference: JJI—Philosophy of Athletics
JJIBA—Hiring and Evaluation of Coaches
JJIBB—Sportsmanship
JJIBC—Relations with Booster Groups (or alternative code KJA)
Adopted: November 6, 2008
File: JJIBA
HIRING AND EVALUATION OF COACHES
The most essential factor in an educationally sound athletic program is a well-qualified coach. The coach is an important link between sports and the instructional program and the principles of Maine’s system of Learning Results, between sports and character development, and between sports in school and long-term health and fitness. It is the intent of the MSAD #11 Board that the school district provide quality coaching in its athletic programs.
A. The MSAD #11 Board’s View of a Well-qualified Coach
Coaching is a special kind of teaching. A coach not only teaches, refines, and reinforces skills, but is also a role model for the student-athletes he/she coaches. Beyond knowledge of the rules and fundamentals of his/her sport, a well-qualified coach will have organizational, communication, motivational and, especially, teaching skills. A well-qualified coach appreciates the influence he/she has as a role model and mentor and conducts him/herself accordingly.
In addition to these fundamentals, a well-qualified coach:
1. Understands that, first and foremost, he/she is a teacher;
2. Is sensitive to the needs of maturing adolescents and assists in their physical, intellectual, social and emotional development;
3. Recognizes that students are diverse in their characteristics and backgrounds including, age, maturity, gender, size and culture and adjusts his/her approach as appropriate;
4. Has a realistic sense of the level at which student athletes should be expected to perform;
5. Promotes sportsmanship, self-discipline and respect, both on and off the playing field;
6. Communicates in a positive manner rather than through intimidation;
7. Encourages competitive spirit, but not a “win at all costs” attitude;
8. Provides a fair opportunity for students to participate in competition;
9. Recognizes the difference between developmental sports programs and more intensive varsity-level sports;
10. Encourages student athletes to explore various athletic activities, both interscholastic and intramural, rather than to specialize in a single sport at an early age;
11. Recognizes the need for balance in the lives of student athletes, including academic, family and social needs; and
12. Adheres to the same standards of conduct with respect to students as classroom teachers are expected to do.
B. COACHING JOB DESCRIPTIONS
The Superintendent and Athletic Director will be responsible for developing job descriptions for coaches and others on the athletic staff (e.g., assistant coaches, trainers) that are consistent with the MSAD #11 Board’s view of coaching. Job descriptions will be approved by the MSAD #11 Board.
C. HIRING AND ASSIGNMENT OF COACHES
It is the intent of MSAD #11 to hire well-qualified coaches for all of its athletic programs. Because of the relationship between teaching and coaching, it will be the school district’s practice to secure coaches, to the extent practicable, from its teaching staff. If it is necessary to secure individuals from outside the teaching staff, the Superintendent shall employ only those persons deemed to have sufficient knowledge and experience to teach the fundamentals and rules of the sport, experience in working or volunteering with adolescents, and current training in sports first aid and cardio-pulmonary resuscitation (CPR).
The MSAD #11 Board delegates the hiring of coaches to the Superintendent, who then informs the MSAD #11 Board of his/her decisions.
All persons hired as coaches or assistant coaches must have successfully completed, or within two weeks successfully complete, the UMO/MCSC Maine Coaching Eligibility Course or its equivalent and appropriate first aid and CPR training. In addition, all persons hired as high school coaches in activities governed by the Maine Principals’ Association must meet all coaches eligibility requirements established by the MPA.
All persons hired as coaches for activities governed by the Maine Principals Association (MPA) must agree to follow the MPA Code of Ethics, Board policies, school district and Athletic Department administrative regulations.
Consistent with the MSAD #11 Board’s policies on hiring and nondiscrimination/equal opportunity/affirmative action, the Superintendent will be responsible for developing and implementing procedures for recruiting, selecting, recommending and assigning coaches. No applicant will be hired as a coach or assistant coach without Maine Department of Education approval, including fingerprinting and criminal background check requirements.
Hiring of coaches shall be on an annual or seasonal basis, with no expectation of continued employment in a coaching position.
Coaches may be disciplined or terminated in accordance with MSAD #11 Board policies or administrative regulations.
D. EVALUATION OF COACHES
In an effort to maintain a well qualified coaching staff and the integrity of the school unit’s athletic programming, coaches will be evaluated annually. (At the end of a regular season).
The Principal and Athletic Director will be responsible for developing and implementing a process for evaluation of coaches. It is expected that the process will include a self-appraisal component, and that the administrative and self-appraisals will include knowledge of sports, coaching skills and techniques, organizational skills, attitudes, communication skills, behavior, and ethics.
Cross Reference: JJI—Philosophy of Athletics
JJIB—Sponsorship and Evaluation of Athletic Programs
JJIBB—Sportsmanship
JJIBC—Relations with Booster Groups (or alternative code KJA)
Adopted: November 6, 2008
File: JJIBB
SPORTSMANSHIP
The MSAD #11 Board believes that athletic competition should be a healthful, positive and safe experience for everyone involved, conducted in an environment that teaches values and ethics, strengthens the community, promotes competition without conflict and enriches the lives of athletes. Players should learn to handle winning with grace and losing with dignity. In order to promote core values such as discipline, fairness, responsibility, trustworthiness and citizenship, everyone associated with athletics, including players, coaches, parents and spectators, is expected to exhibit good sportsmanship during athletic competitions.
A. Participants
In exhibiting sportsmanship, student athletes are expected to:
1. Understand and follow the rules of the sport;
2. Recognize skilled performance of others, regardless of the player’s team;
3. Display respect for teammates, opponents, coaches and officials;
4. Respect the judgment of officials and accept their decisions;
5. Refrain from antics, taunting opponents and using insulting language or swearing;
6. Be modest when successful and gracious in defeat; and
7. Recognize that their conduct reflects on their school.
B. Coaches
In exhibiting sportsmanship, coaches are expected to:
1. Recognize that they are role models for students and set a good example for athletes and fans to follow;
2. Abide by the rules of the sport, in letter and in spirit;
3. Treat all participants with respect;
4. Behave with dignity and self-control;
5. Respect the judgment of officials and accept their decisions;
6. Take corrective action toward any player who intimidates or shows disrespect toward an official or displays unsportsmanlike behavior; and
7. Be modest when successful and gracious in defeat.
C. Spectators, Including Parents, Students, and Community Members
Spectators attending athletic events are expected to:
1. Realize that the main purpose of the competition is the play of the game and that the role of the spectator is one of support;
2. Show positive support to the teams and players for outstanding performances;
3. Show concern for injured players, regardless of which team they are on;
4. Refrain from angry or abusive language or actions toward any player, official, coach or other spectators;
5. Refrain from endangering participants or spectators by throwing objects;
6. Refrain from heckling, taunting or berating players, officials, coaches or other spectators; and
7. Follow all MSAD #11 Board policies and rules pertaining to conduct on school property, including but not limited to those pertaining to tobacco, alcohol, drugs and weapons.
School athletic events are school activities that are part of the educational program. An athletic event is not a public forum. The public is invited to attend athletic events for the purpose of supporting the participants on both teams and the schools they represent. Appropriate behavior by spectators, especially adults, provides a positive model for students and contributes to the value and educational purposes of athletic activities. Negative comments and behavior by spectators are
inconsistent with the purposes of athletic activities. School administrators and officials have the authority and discretion to remove any spectators who do not comply with rules of sportsmanship.
D. Penalties for Inappropriate Behavior
Student athletes who engage in unsportsmanlike behavior will be subject to penalties described in the Maine Principals’ Association Athletic Code or, if the conduct constitutes a violation of MSAD #11 Board policy, school rules or the Student Code of Conduct and/or Student Handbook, to appropriate disciplinary consequences.
Student spectators whose behavior constitutes a violation of MSAD #11 Board policy, school rules or the Student Code of Conduct will be subject to appropriate disciplinary consequences.
Adult spectators who engage in unsportsmanlike behavior or conduct that violates MSAD #11 Board policy may be asked to leave the premises and may be excluded from future events. The administrator in charge of the event may seek the assistance of law enforcement authorities if necessary to ensure the safety of participants, coaches, officials or other spectators or to prevent damage to school property.
E. Notice of Rules
The building administrator and Athletic Director will be responsible for posting spectator rules at the entrance to each interscholastic competition site.
Cross Reference: JJI—Philosophy of Athletics
JJIB—Sponsorship and Evaluation of Athletic Programs
JJIBA—Hiring and Evaluation of Coaches
JJIBC—Relations with Booster Groups (or alternative code KJA)
Adopted: November 6, 2008
File: JJIBC
RELATIONS WITH BOOSTER GROUPS
MSAD #11 recognizes the role of booster groups in assisting the schools in enriching athletic and other extracurricular activities and enabling more students to participate in such activities. For the purpose of this policy, a booster group is a parent and/or community group that is organized for the purpose of providing resources to support a particular sport or activity in the school or school system and to support the school in recognizing student accomplishment in athletics and activities.
Only those booster groups that have been approved by the MSAD #11 Board may use the name and or logo of MSAD #11 or its schools. The Superintendent may make recommendations to the MSAD #11 Board concerning the approval of groups seeking booster status.
In order to be approved as a booster group, a group must meet the following criteria:
A. The group must be comprised of adults rather than students. Students
may participate in an advisory capacity.
B. The group must provide details of the structure of the organization including its purpose and goals, the intended use of funds generated, the names of its officers and its bylaws;
C. The booster president or designee must make application to the building principal for all uses of school facilities for fund raising projects, in accordance with the MSAD #11 Board’s facilities use policy and procedures;
D. Use of school facilities by the group will comply with all policies and regulations established by the MSAD #11 Board and, as applicable, the Maine Principals Association;
E. No monies collected by booster group fund raising activities will be deposited directly to student athletic/activity accounts;
F. All fundraising activities must be approved in advanced by the Superintendent and building principal;
G. No fundraising activities will be conducted within the school during school hours by the group;
H. All funds raised by the group must be used to achieve the stated purposes of the group;
I. The group must maintain bank, financial and tax exempt status separate from the school. The organization will provide to the MSAD #11 Board annually or upon request a complete set of financial records or detailed treasurer’s report;
J. Booster groups may not lawfully use the school’s sales tax exemption for purchases or sales;
K. Booster group gifts should enhance activities for both boys and girls. The MSAD #11 Board will consider gender equity and budget implications before accepting booster group donations;
L. Any booster group plan or project that would require expansion, renovation or construction of school facilities or would increase maintenance costs for facilities shall require MSAD #11 Board approval;
M. Any booster group plan to provide awards or recognition to teams or individual students must be approved by the building principal and Superintendent before any public announcement is made;
N. Booster groups will not directly pay coaches or officials; and
O. Booster groups will not select coaches, assistant coaches or activity advisors or influence the selection of coaches, assistant coaches or activity advisors.
The MSAD #11 Board reserves the right to revoke the approval of any booster group if it is found that the group’s operations and purposes are inconsistent with MSAD #11 Board policies.
Cross Reference: EFE—Competitive Food Sales
JJI—Philosophy of Athletics
Adopted: November 6, 2008
MANAGEMENT OF CONCUSSIONS AND OTHER HEAD INJURIES
The Board recognizes that concussions and other head injuries are potentially serious and may result in significant brain damage and/or death if not recognized and managed properly. The Board adopts this policy to promote the safety of students participating in school-sponsored extracurricular athletic activities, including but not limited to interscholastic sports students participating in school-sponsored interscholastic sports activities.
TRAINING
By June 30 of each year, the Athletic Director will identify the school-sponsored athletic activities that pose a risk of concussion or other head injury. A list of these activities will be distributed to school administrators and coaches.
All coaches, including volunteer coaches, must undergo training in the identification and management of concussive and other head injuries prior to assuming their coaching responsibilities. The training must be consistent with such protocols as may be identified or developed by the Maine Department of Education (DOE) and include instruction in the use of such forms as the DOE may develop or require.
Coaches shall be required to undergo refresher training every two years or when protocols and/or forms have been revised.
STUDENT AND PARENT INFORMATION
Prior to the beginning of each sports season, students and parents of students who will be participating in school-sponsored athletic activities will be provided information regarding
A. The risk of concussion and other head injuries and the dangers associated with continuing to participate when a concussion or other head injury is suspected;
B. The signs and symptoms of concussion and other head injuries; and
C. The school unit’s protocols for 1) removal from the activity when a student is suspected of having sustained a concussion or other head injury, 2) evaluation,
and 3) return to participation in the activity (“return to play”).
The student and his/her parent(s) must sign a statement acknowledging that they have received and read this information before the student will be allowed to participate in any school- sponsored athletic activity.
MANAGEMENT OF CONCUSSIVE AND OTHER HEAD INJURIES
It is the responsibility of the coach of the activity to act in accordance with this policy when the coach recognizes that a student may be exhibiting signs, symptoms and behaviors associated with a concussion or other head injury.
Any student suspected of having sustained a concussion or other head injury during a school-sponsored athletic activity including but not limited to competition, practice or scrimmage, must be removed from the activity immediately. The student and his/her parent(s) will be informed of the need for an evaluation for brain injury before the student will be allowed to return to the activity.
No student will be permitted to return to the activity or to participate in any other school-sponsored athletic activity on the day of the suspected concussion.
Any student who is suspected of having sustained a concussion or other head injury shall be prohibited from further participation in school-sponsored athletic activities until he/she has been evaluated and received written medical clearance to do so from a licensed health care provider who is qualified and trained in concussion management.
Coaches and other school personnel shall comply with the student’s health care provider or sports medicine professional recommendations in regard to gradual return to participation. No student will be permitted to return to full participation (competition) until cleared to do so. More than one evaluation by the student’s health care provider may be necessary before the student is cleared for full participation.
If at any time during the return to play program signs or symptoms of a concussion are observed, the student must be removed from the activity and referred to his/her health care provider for re-evaluation.
COGNITIVE CONSIDERATIONS
School personnel should be alert to cognitive and academic issues that may be experienced by students who have suffered a concussion or other head injury, including but not limited to difficulty with concentration, organization, long-and-short term memory and sensitivity to bright lights and sounds, and accommodate a gradual return to full participation in academic activities as appropriate, based on the recommendations of the student’s health care provider and appropriate designated school personnel (e.g., 504 Coordinator).
CONCUSSION MANAGEMENT TEAM
The Superintendent will appoint a concussion management team including a school administrator to be responsible, under the administrative supervision of the Superintendent, to make recommendations related to implementation of this policy. The concussion management team will include the Athletic Director and school nurse and may include one or more principals or assistant principals, the school physician and such other school personnel or consultants as the Superintendent deems appropriate.
Adopted: November 1, 2012
File: JJIF-E
Parents and student-athletes: Please read, sign, and keep a copy. You must turn in a signed form prior to the start of practice.
MSAD #11 - CONCUSSION INFORMATION SHEET
A concussion is a brain injury and all brain injuries are serious. They are caused by a bump, blow or jolt to the head, or by a blow to another part of the body with the force transmitted to the head. They can range from mild to severe and can disrupt the way the brain normally works. Even though most concussions are mild, all concussions are potentially serious and may result in complications including prolonged brain damage and death if not recognized and managed properly. In other words, even a “ding” or a bump on the head can be serious. You can’t see a concussion and most sports concussions occur without loss of consciousness. Signs and symptoms of concussion may show up right after the injury or can take hours or days to fully appear. If your student-athlete reports any symptoms of concussion, or if you notice the symptoms or signs of concussion yourself, seek medical attention right away.
Symptoms may include one or more of the following:
• Headaches • “Don’t feel right”
• “Pressure in head” • Fatigue or low energy
• Nausea or vomiting • Sadness
• Neck pain • Nervousness or anxiety
• Balance problems or dizziness • Irritability
• Blurred, double, or fussy vision • More emotional
• Sensitivity to light or noise • Confusion
• Feeling sluggish or slowed down • Concentration or memory problems
• Feeling foggy or groggy (forgetting game plays)
• Drowsiness • Repeating the same question/comment
• Change in sleep patterns • Amnesia
Signs observed by teammates, parents or coaches include:
• Appears dazed • Shows behavior or personality changes
• Vacant facial expression • Can’t recall events prior to hit
• Confused about assignment • Can’t recall events after hit
• Forgets plays • Seizures or convulsions
• Is unsure of game, score, or opponent • Any change in typical behavior or
• Moves clumsily or displays personality
in coordination • Loses consciousness
• Answers questions slowly • Slurred speech
This document is adapted from the CDC and the 3rd International Conference on Concussion in Sport Consensus Statement (2009)
MSAD #11 - CONCUSSION INFORMATION SHEET
What can happen if my child keeps on playing with a concussion or returns to soon?
Athletes with the signs and symptoms of concussion should be removed from play immediately. Continuing to play with the signs and symptoms of concussion leaves the young athlete especially vulnerable to greater injury. There is an increased risk of significant damage from a concussion for a period of time after that concussion occurs, particularly if the athlete suffers another concussion before completely recovering from the first one. This can lead to prolonged recovery, or even to severe brain swelling (second impact syndrome) with devastating and even fatal consequences. It is well known that adolescent or teenage athletes will often under report symptoms of injuries, and concussions are no different. As a result, education of administrators, coaches, parents and students is the key for student-athlete’s safety.
If you think your child has suffered a concussion
Any athlete even suspected of suffering a concussion should be removed from the game or practice immediately. No athlete may return to activity after an apparent head injury or concussion, regardless of how mild it seems or how quickly symptoms clear, without medical clearance. Close observation of the athlete should continue for several hours. MSAD #11 requires the consistent and uniform implementation of well-established return to play concussion guidelines that have been recommended for several years and reflected in Board policy:
Any student suspected of having sustained a concussion or other head injury during a school-sponsored athletic activity including but not limited to competition, practice or scrimmage, must be removed from the activity immediately. . .
No student will be permitted to return to the activity or to participate in any other school-sponsored athletic activity on the day of the suspected concussion.
Any student who is suspected of having sustained a concussion or other head injury shall be prohibited from further participation in school-sponsored athletic activities until he/she has been evaluated and received written medical clearance to do so from a licensed health care provider who is qualified and trained in concussion management.
You should also inform your child’s coach if you think that your child may have a concussion. Remember it’s better to miss one game than miss the whole season. And when in doubt, the athlete sits out.
For current and up-to-date information on concussions you can go to:
http://www.cdc.gov/Concu...
__________________________ ____________________________ _________
Student-athlete Name Printed Student-athlete Signature Date
__________________________ ____________________________ _________
Parent or Legal Guardian Printed Parent or Legal Guardian Signature Date
Adopted: November 1, 2012
File: JK
STUDENT DISCIPLINE
It is essential for schools to maintain a safe and orderly environment that supports student learning and achievement. Effective discipline enables the schools to discharge their primary responsibilities to educate students and promote citizenship and ethical behavior. All students are expected to conduct themselves with respect for others and in accordance with Board policies, school rules, and applicable state and federal laws. Disciplinary action may be taken against students who violate policies, rules, or laws, and/or whose conduct directly interferes with the operations, discipline or general welfare of the school.
The MSAD #11 Board expects the following principles to guide the development and implementation of school rules and disciplinary procedures:
A. Discipline should emphasize positive reinforcement for appropriate behavior, as well as appropriate consequences for misbehavior. The focus should be on providing a school environment where students are engaged in constructive learning and interactions with others.
B. Expectations for student behavior should be clear and communicated to school staff, students and parents.
C. Consequences for misbehavior should be in proportion to the offense, fair and consistently enforced. Administrators shall have the discretion to tailor discipline to the facts and circumstances of the particular case.
D. Parents should be actively involved in the process of preventing and resolving disciplinary problems at school.
Any restraint or seclusion of students shall comply with applicable regulations and Board policy.
Physical force and corporal punishment shall not be used as disciplinary methods.
Maine law provides that “a teacher or other person entrusted with the care or supervision of a person for special or limited purposes may not be held civilly liable for the use of a reasonable degree of force against the person who creates a disturbance if the teacher or other person reasonably believes it is necessary to a) control the disturbing behavior; or b) remove the person from the scene of the disturbance.”
Teachers are authorized to make and enforce rules for effective classroom management and to foster appropriate student behavior, subject to the direction and approval by the building principal/designee.
School-wide rules shall be developed by the building principal with appropriate input from school staff, students and parents and subject to approval by the Superintendent. Principals shall provide for the suspension or other serious disciplinary action against students in accordance with Board policies, administrative procedures and Maine law.
Students with disabilities shall be disciplined in accordance with applicable federal and state law/regulations.
To reduce disciplinary problems and the potential for violence in the schools, the Superintendent may develop procedures for conflict resolution which may be accomplished through peer mediation, counseling, parent involvement, services of community agencies or other activities suitable to the school unit.
Legal Reference: 17-A MRSA § 106
20-A MRSA §§ 1001(15A); 4009
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA – Student Harassment and Sexual Harassment
EBCA – Comprehensive Emergency Management Plan
JIC – Student Code of Conduct
JICIA Weapons, Violence and School Safety
JKAA – Use of Physical Restraint and Seclusion
JKB - Student Detention
JKD - Suspension of Students
JKE - Expulsion of Students
JKF – Disciplinary Removal of Students with Disabilities
Adopted: May 5, 2011
Revised: May 2, 2013
File: JKAA-R
PROCEDURES ON PHYSICAL RESTRAINT AND SECLUSION
These procedures are established for the purpose of meeting the obligations of MSAD 11 under state law/regulations and Board Policy JKAA governing the use of physical restraint and seclusion. These procedures shall be interpreted in a manner consistent with state law and regulations.
1. Definitions
For purposes of these procedures, the terms “physical restraint” and “seclusion” shall have the meanings defined in Policy JKAA. Definitions for other important terms in this procedure include:
A. Emergency: A sudden, urgent occurrence, usually unexpected, but sometimes anticipated, that requires immediate action.
B. Imminent risk of injury or harm: A situation in which a student has the means to cause physical harm or injury to him/herself or others and such injury or harm is likely to occur at any moment, such that a reasonable and prudent person would take steps instantly to protect the student and others against the risk of such injury or harm.
C. Dangerous behavior: Behavior that presents an imminent risk of injury or harm to a student or others.
D. Serious bodily injury: Any bodily injury that involves: (1) A substantial risk of death; (2) Extreme physical pain; (3) Protracted and obvious disfigurement; or (4) Protracted loss or impairment of the function of a bodily member, organ or mental faculty.
2. Physical Restraint
To the extent possible, physical restraint will be implemented by staff certified in a training program approved by the Maine Department of Education. If untrained staff have intervened and initiated a physical restraint in an emergency, trained staff must be summoned to the scene to assume control of the situation if the emergency continues.
This procedure does not preclude law enforcement personnel from implementing physical restraints in carrying out their professional responsibilities.
A. Permitted Uses of Physical Restraint
1. Physical restraint may be used only as an emergency intervention when the behavior of a student presents imminent risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.
2. Physical restraint may be used to move a student only if the need for movement outweighs the risks involved in such movement.
3. Prescribed medications, harnesses, and other assistive or protective devices may be used as permitted by Rule Chapter 33.
4. Parents may be requested to provide assistance at any time.
B. Prohibited Forms and Uses of Physical Restraint
1. Physical restraint used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior.
2. Physical restraint used solely to prevent property destruction or disruption of the environment in the absence of imminent risk of injury.
3. Physical restraint that restricts the free movement of a student’s diaphragm or chest, or that restricts the airway so as to interrupt normal breathing or speech (restraint-related asphyxia).
4. Physical restraint that relies on pain for control, including but not limited to joint hyperextension, excessive force, unsupported take-downs (e.g., tackles), the use of any physical structure (e.g., wall, railing or post), punching and hitting.
5. Aversive procedures and mechanical and chemical restraints.
a. Aversive procedures are defined as the use of a substance or stimulus,
intended to modify behavior, which the person administering it knows or should know is likely to cause physical and/or emotional trauma to a student, even when the substance or stimulus appears to be pleasant or neutral to others. Such substances and stimuli include but are not limited to infliction of bodily pain (e.g., hitting, pinching, slapping); water spray; noxious fumes; extreme physical exercise; costumes or signs.
b. Mechanical restraints are defined as any item worn by or placed on the student to limit behavior or movement and which cannot be removed by the student. Prescribed assistive devices are not considered mechanical restraints when used as prescribed and their use is supervised by qualified and trained individuals in accordance with professional standards.
c. Chemical restraints are defined as the use of medication, including those administered PRN (as needed), given involuntarily to control student behavior. Prescribed medications are not considered chemical restraints when administered by a health care provider in accordance with a student’s health care plan.
C. Monitoring Students in Physical Restraint
1. At least two adults must be present at all times when physical restraint is used
except when, for safety reasons, waiting for a second adult to arrive is precluded by the particular circumstances.
2. The student must be continuously monitored until he/she no longer presents an imminent risk of injury or harm to him/herself or others.
3. If an injury occurs, applicable school policies and procedures should be followed.
D. Termination of Physical Restraint
1. The staff involved in the use of physical restraint must continually assess for signs that the student is no longer presenting an imminent risk of injury or harm to him/herself or others, and the emergency intervention must be discontinued as soon as possible.
a. The time a student is in physical restraint must be monitored and recorded.
b. If physical restraint continues for more than ten (10) minutes, an administrator/designee shall determine whether continued physical restraint is warranted, and shall continue to monitor the status of the physical restraint every ten (10) minutes until the restraint is terminated.
c. If attempts to release a student from physical restraint have been
unsuccessful and the student continues to present behaviors
that create an imminent risk of injury or harm to him/herself or others,
then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.
3. Seclusion
To the extent possible, seclusion will be implemented by staff certified in a training program approved by the Maine Department of Education. If untrained staff have intervened and initiated seclusion in an emergency, trained staff must be summoned to the scene as soon as possible.
A “timeout” where a student requests, or complies with an adult request for, a break is not considered seclusion under this procedure. Seclusion also does not include any situation where others are present in the room or defined area with the student (including but not limited to classrooms, offices and other school locations).
A. Permitted Uses and Location of Seclusion
1. Seclusion may be used only as an emergency intervention when the behavior of a student presents imminent risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.
2. Seclusion may be achieved in any part of a school building with adequate light, heat, ventilation and of normal room height.
a. Seclusion may not take place in a locked room.
b. If a specific room is designated as a seclusion room, it must be a minimum of sixty (60) square feet; have adequate light, heat and ventilation; be of normal room height; contain an unbreakable observation window in a wall or door; and must be free of hazardous material and objects which the student could use to self-inflict bodily injury.
3. Parents may be requested to provide assistance at any time.
B. Prohibited Uses of Seclusion
1. Seclusion used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior.
2. Seclusion used solely to prevent property destruction or disruption of the environment in the absence of imminent risk of injury.
C. Monitoring Students in Seclusion
1. At least one adult must be physically present at all times to continuously monitor a student in seclusion. The adult, while not present in the room or defined area, must be situated so that the student is visible at all times.
2. The student must be continuously monitored until he/she no longer presents an imminent risk of injury or harm to him/herself or others.
3. If an injury occurs, applicable school policies and procedures should be followed.
D. Termination of Seclusion
1. The staff involved in the seclusion must continually assess for signs that the student is no longer presenting an imminent risk of injury or harm to him/herself or others, and the emergency intervention must be discontinued as soon as possible.
a. The time a student is in seclusion must be monitored and recorded.
b. If seclusion continues for more than ten (10) minutes, an administrator/designee shall determine whether continued seclusion is warranted, and shall continue to monitor the status of the seclusion every ten (10) minutes until the restraint is terminated.
c. If attempts to release a student from seclusion have been
unsuccessful and the student continues to present behaviors
that create an imminent risk of injury or harm to him/herself or others,
then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.
4. Notification and Reports of Physical Restraint and Seclusion Incidents
For the purposes of this procedure, an “incident” consists of all actions between the time a student begins to create a risk of harm and the time the student ceases to pose a risk of harm and returns to his/her regular programming.
A. Notice Requirements
After each incident of physical restraint or seclusion:
1. A staff member involved in the incident shall make an oral notification to the administrator/designee as soon as possible, but no later than the end of the school day.
[NOTE: For students in out-of-district placements, the entity must make this
report to the sending school within 24 hours or by the next business day.]
2. An administrator/designee shall notify the parent/legal guardian about the physical restraint or seclusion (and any related first aid provided) as soon as practical, but within the school day in which the incident occurred. The administrator/designee must utilize all available phone numbers or other available contact information to reach the parent/legal guardian. If the parent/legal guardian is unavailable, the administrator/designee must leave a message (if the parent/legal guardian has a phone and message capability) to contact the school as soon as possible. The parent/legal guardian must be informed that written documentation will be provided within seven (7) calendar days.
3. If the physical restraint or seclusion incident occurred outside the school day, the notifications must be made as soon as possible and in accordance with MSAD 11 usual emergency notification procedures.
4. If serious bodily injury or death of a student occurs during the implementation of physical restraint or seclusion, the MSAD 11 emergency notification procedures shall be followed and an administrator/designee shall notify the Maine Department of Education within twenty-four (24) hours or the next business day.
B. Incident Reports
Each use of physical restraint or seclusion must be documented in an incident report. The
incident report must be completed and provided to an administrator/designee as soon as practical, and in all cases within two (2) school days of the incident. The parent/legal guardian must be provided a copy of the incident report within seven (7) calendar days of the incident.
[NOTE: For students in out-of-district placements, the entity must make the incident
report to the sending school.]
The incident report must include the following elements:
1. Student name;
2. Age, gender and grade;
3. Location of the incident;
4. Date of the incident;
5. Date of report;
6. Person completing the report;
7. Beginning and ending time of each physical restraint and/or seclusion;
8. Total time of incident;
9. Description of prior events and circumstances;
10. Less restrictive interventions tried prior to the use of physical restraint and/or seclusion and, if none were used, the reasons why;
11. The student behavior justifying the use of physical restraint or seclusion;
12. A detailed description of the physical restraint or seclusion used;
13. The staff person(s) involved, their role in the physical restraint or seclusion, and whether each person is certified in an approved training program;
14. Description of the incident, including the resolution and process of returning the student to his/her program, if appropriate;
15. Whether the student has an IEP, 504 Plan, behavior plan, IHP (individual health plan) or any other plan.
16. If a student and/or staff sustained bodily injury, the date and time of nurse or other response personnel notification and any treatment administered;
17. The date, time and method of parent/legal guardian notification;
18. The date and time of administrator/designee notification.
19. Date and time of staff debriefing.
Copies of the incident reports shall be maintained in the student’s file and in the school office.
5. School Unit Response Following the Use of Physical Restraint or Seclusion
A. Following each incident of physical restraint or seclusion, an administrator/designee shall take these steps within two (2) school days (unless serious bodily injury requiring emergency medical treatment occurred, in which case these steps must take place as soon as possible, but no later than the next school day):
1. Review the incident with all staff persons involved to discuss: (a) whether the use of physical restraint or seclusion complied with state and school board requirements and (b) how to prevent or reduce the need for physical restraint and/or seclusion in the future.
2. Meet with the student who was physically restrained or secluded to discuss: (a) what triggered the student’s escalation and (b) what the student and staff can do to reduce the need for physical restraint and/or seclusion in the future.
B. Following the meetings, staff must develop and implement a written plan for response
and de-escalation for the student. If a plan already exists, staff must review it and make revisions, if appropriate. For the purposes of this procedure, “de-escalation” is the use of behavior management techniques intended to cause a situation involving problem behavior of a student to become more controlled, calm and less dangerous, thus reducing the risk of injury or harm.
6. Procedure for Students with Three Incidents in a School Year
The school unit will make reasonable, documented efforts to encourage parent/legal guardian participation in the meetings required in this section, and to schedule meetings at times convenient for parents/legal guardians to attend.
A. Special Education/504 Students
1. After the third incident of physical restraint and/or seclusion in one school year, the student’s IEP or 504 Team shall meet within ten (10) school days of the third incident to discuss the incident and consider the need to conduct an FBA (functional behavioral assessment) and/or develop a BIP (behavior intervention plan), or amend an existing one.
B. All Other Students
1. A team consisting of the parent/legal guardian, administrator/designee, a teacher for the student, a staff member involved in the incident (if not the administrator/designee or teacher already invited), and other appropriate staff shall meet within ten (10) school days to discuss the incidents.
2. The team shall consider the appropriateness of a referral to special education and, regardless of whether a referral to special education is made, the need to conduct an FBA (functional behavioral assessment) and/or develop a BIP (behavior intervention plan).
7. Cumulative Reporting Requirements
A. Reports within the School Unit
1. Each building administrator must report the following data on a quarterly and annual basis:
a. Aggregate number of uses of physical restraint;
b. Aggregate number of students placed in physical restraint;
c. Aggregate number of uses of seclusion;
d. Aggregate number of students placed in seclusion;
e. Aggregate number of serious bodily injuries to students related to the use of physical restraints and seclusions; and
f. Aggregate number of serious bodily injuries to staff related to physical restraint and seclusion.
2. The Superintendent shall review the cumulative reports and identify any areas that could be addressed to reduce the future use of physical restraint and seclusion.
B. Reports to Maine Department of Education
1. The Superintendent shall submit an annual report to the Maine Department of Education on an annual basis that includes the information in Section 7.A.1 above.
Legal Reference: ME DOE Reg., Ch. 33
Cross Reference: JKAA - Use of Physical Restraint and Seclusion
Adopted: September 6, 2012
File: JKAA
USE OF PHYSICAL RESTRAINT AND SECLUSION
The MSAD 11 School Board has adopted this policy and the accompanying procedures to implement the standards for use of physical restraint and seclusion with students, as required by state law and regulations, and to support a safe school environment. Physical restraint and seclusion, as defined by this policy, may only be used as an emergency intervention when the behavior of a student presents an imminent risk of injury or harm to the student or others.
The Superintendent has overall responsibility for implementing this policy and the accompanying procedure, but may delegate specific responsibilities as he/she deems appropriate.
1. Definitions
The following definitions apply to this policy and procedure:
A. Physical restraint: An intervention that restricts a student’s freedom of movement or normal access to his or her body, and includes physically moving a student who has not moved voluntarily.
Physical restraint does not include any of the following:
1. Physical escort: A temporary touching or holding of the hand, wrist, arm, shoulder, hip or back for the purpose of moving a student voluntarily.
2. Physical prompt: A teaching technique that involves physical contact with the student and that enables the student to learn or model the physical movement necessary for the development of the desired competency.
3. Physical contact: When the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact.
4. Momentarily deflecting the movement of a student when the student’s movements would be destructive, harmful or dangerous to the student or others.
5. The use of seat belts, safety belts or similar passenger restraints, when used as intended during the transportation of a child in a motor vehicle.
6. The use of a medically prescribed harness, when used as intended; the use of
protective equipment or devices that are part of a treatment plan prescribed by a licensed health care provider; or prescribed assistive devices when used as prescribed and supervised by qualified and trained individuals.
7. Restraints used by law enforcement officers in the course of their rofessional duties are not subject to this policy/procedure or MDOE Rule Chapter 33.
8. MDOE Rule Chapter 33 does not restrict or limit the protections available to
school officials under 20-A M.R.S.A. § 4009, but those protections do not relieve school officials from complying with this policy/procedure.
B. Seclusion: The involuntary confinement of a student alone in a room or clearly defined area from which the student is physically prevented from leaving, with no other person in the room or area with the student.
Seclusion does not include:
1. Timeout: An intervention where a student requests, or complies with an adult request for, a break.
2. Procedures for Implementing Physical Restraint and Seclusion
The requirements for implementing physical restraint and seclusion, as well as incident notices, documentation and reporting are included in the accompanying procedure, JKAA-R.
3. Annual Notice of Policy/Procedure
MSAD 11 shall provide annual notice to parents/legal guardians of this policy/procedure by means determined by the Superintendent/designee.
4. Training Requirements
A. All school staff and contracted providers shall receive an annual overview of this policy/procedure.
B. MSAD 11 will ensure that there are a sufficient number of administrators/designee's, special education and other staff who maintain certification in a restraint and seclusion training program approved by the Maine Department of Education. A list of certified staff shall be updated annually and maintained in the Superintendent’s Office, in each school office and in the school unit’s Emergency Management Plan.
5. Parent/Legal Guardian Complaint Procedure
A parent/legal guardian who has a complaint concerning the implementation of this policy/procedure must submit it in writing to the Superintendent or the Director of Special Education as soon as possible. The Superintendent/designee shall investigate the complaint and provide written findings to the parent/legal guardian within twenty (20) business days, if practicable.
A parent/legal guardian who is dissatisfied with the result of the local complaint process may file a complaint with the Maine Department of Education. The Department of Education will review the results of the local complaint process and may initiate its own investigation at its sole discretion. The Department shall issue a written report with specific findings to the parent/legal guardian and the school unit within 60 calendar days of receiving the complaint.
Legal References: 20-A M.R.S.A. §§ 4502(5)(M); 4009 --
ME DOE Reg., Ch. 33
Cross References: JKAA-R – Procedures on Physical Restraint and Seclusion
JK – Student Discipline
KLG/KLG-R – Relations with Law Enforcement
EBCA – Comprehensive Emergency Management Plan
Adopted: September 6, 2012
File: JKB
DETENTION OF STUDENTS
Teachers and administrators have the authority to detain students after school hours for infractions of classroom or school rules. Before assigning students to detention, the student will be informed of the reason for the detention, and the student will be given an opportunity to explain his/her version of the incident. Teachers/administrators have the discretion to substitute alternative discipline in cases where they deem detention inappropriate. The student’s parents/guardians will be informed of the reason for the detention and requested to make arrangements for the student’s transportation following the detention, if necessary. Except in the case of a student who is 18 years of age or older, the detention will not begin until the parents have been notified.
All students detained for disciplinary purposes will be under the direct supervision of a member of the professional staff or other person designated by the building administrator. Students in detention are expected to use the time constructively to complete school assignments or for other educational purposes. Students who fail to serve a scheduled detention may be subject to additional disciplinary measures.
The Superintendent/designee is authorized to develop and implement any administrative procedures necessary to carry out this policy.
Cross Reference: JK – Student Discipline
Adopted: January 8, 1976
Revised: August 7, 1986; October 19, 1994; January 8, 2009
File: JKD
The Board delegates to the principals the authority to suspend disobedient and disorderly students for a period not to exceed ten (10) school days. Suspensions may be in-school or out-of-school at the discretion of the Building Administrator. Suspensions longer than 10 days may be imposed by the Board.
Prior to the suspension, except as hereinafter provided:
A. The student shall be given oral or written notice of the charge(s) against him/her;
B. The student shall be given an explanation of the evidence forming the basis for the charge(s); and
C. The student shall be given an opportunity to present his/her version of the incident.
However, students whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the instructional process may be immediately removed from school. In such cases, the notice of charges, explanation of evidence, and the student’s opportunity to present his/her version of the incident shall be arranged as soon as practicable after removal of the student from school.
The student’s parents/guardians shall be notified of any in-school or out-of-school suspension as soon as practicable by telephone (if possible) and by written notice sent by mail. A copy of the notice shall also be sent to the Superintendent. It is the expectation of the School Board that communication with the parents/guardians is on going as deemed appropriate and necessary.
Students are not allowed on school property during any out-of-school suspension except with the prior authorization of the Building Administrator or Superintendent.
Students shall be responsible for any schoolwork missed during their suspension. After readmittance, they shall be permitted to take tests, quizzes or any other form of evaluation affecting their grades. Students serving in-school and out-of- school suspension shall not be permitted to participate in extracurricular activities.
Legal Reference: 20-A MRSA §§ 1001(9), (15-A)(D)
Cross Reference: JIC – Student Code of Conduct
JICIA – Weapons, Violence and School Safety
JICK - Bullying
JK - Student Discipline
JKE - Expulsion of Students
JKF –Disciplinary Removal of Students with Disabilities
Adopted: October 19, 1994
Revised: January 8, 2009, May 2, 2013
File: JKE
EXPULSION OF STUDENTS
No student shall be expelled from school except by action of the Board. Following a proper investigation of a student’s behavior and due process proceedings conducted in accordance with 20-A MRSA § 1001(8)(A), the Board shall expel the student, if found necessary for the peace and usefulness of the school, as provided in 20-A MRSA § 1001(9) and (9A).
The Board also has the authority to readmit an expelled student on satisfactory evidence that the behavior which was the cause of the student being expelled will not likely recur.
NOTICE OF EXPULSION HEARING
Before any expulsion hearing, the Superintendent shall:
A. Provide written notice, by regular and certified mail, to the parents/guardians and the student informing them of:
1. The date, time and location of the hearing;
2. A description of the incident(s) that resulted in the expulsion hearing;
3. The student’s and parents/guardians’ right to review the
school's records prior to the hearing;
4. A description of the hearing process, including the student’s right to present and cross-examine witnesses and his/her right to an attorney or other representation; and
5. An explanation of the consequences of an expulsion.
B. Invite the parents/guardians and the student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing.
EXPULSION HEARING
The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.
Upon making a decision to expel a student, the Board may:
A. Expel the student for a specific period of time not to exceed the total number instructional days approved by the Board for the current year; or
B Expel the student for an unspecified period of time and authorize the Superintendent to provide the expelled student with a reentry plan, to be developed in accordance with 20-A MRSA § 1001(9- C), specifying the conditions that must be met in order for the student to be readmitted to school after the expulsion.
After the expulsion hearing, the Board shall provide written notice of its decision to the parents/guardians and the student by certified mail.
Nothing in this policy shall prevent the Board from providing educational services in an alternative setting to a student who has been expelled.
Legal Reference: 20-A MRSA § 1001(8-A), (9), (9A-9D)
1 MRSA § 405(6)(B)
Cross Reference: JKE-R - Expulsion of Students—Guidelines
JICIA – Weapons, Violence and School Safety
JK - Student Discipline
JKD - Suspension of Students
JKF – Disciplinary Removal of Students with Disabilities
Adopted: October 19, 1994
Revised: 4/1996, 10/1998, 1/2009, 4/2013
File: JKE-R
EXPULSION OF STUDENTS GUIDELINES
I. EXPULSION HEARING AND REENTRY GUIDELINES
The following steps constitute general guidelines for the conduct of an expulsion hearing. The guidelines may be adjusted to meet the flexible requirements of due process on a case-by-case basis, consistent with applicable laws.
A. Procedures for Conduct of Board Hearing to Expel
1. Any discussion, consideration or hearing by the School Board of suspension or expulsion of a student shall be in executive session.
2. The Board shall be in a public meeting and vote to enter executive session. Executive session requires a 3/5 affirmative vote of the members present and voting, and the vote must be recorded.
3. The parents/legal guardians, the student and legal counsel or other representative (if any) must be present for the hearing, except that the hearing may go forward if the parents/guardians and student have been provided prior written notice and failed to appear for the hearing.
B. Executive Session
1. General Rules of Conduct
A. The hearing officer (Board Chair/designee or Board attorney) will conduct the hearing.
B. Witnesses shall be sequestered in response to a request by either party.
C. The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.”
D. The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”
E. The Board and student (at his/her own expense) may be represented by legal counsel through each stage of the process.
II. PROCEDURES
A. The hearing officer will state for the record:
• Date of this hearing;
• Place of hearing;
• Time of hearing;
• Name of student;
• Those in attendance for the administration;
• Those in attendance for the student; and
• Those in attendance for the School Board.
B. The hearing officer will request from the Superintendent a copy of the hearing notice, read the hearing notice to the Board and include the notice in the record. If no person appears at the hearing on behalf of the parents/legal guardians or student, the hearing officer will request that the Superintendent confirm that the parents/guardians and student were provided notice of the hearing.
C. The Superintendent/designee, hereafter called “the administration,” will make an opening statement that includes an overview of the evidence, his/her recommendation, the reason(s) for the recommendation, and the legal basis for the recommended expulsion.
D. The hearing officer will inform the student and parents/legal guardians of their rights:
• The hear the evidence;
• To cross examine witnesses; and
• To present witnesses and offer other relevant evidence.
E. The hearing officer will ask if any member of the Board finds him/herself in a possible conflict of interest situation because he/she knows the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that he/she could not impartially hear the facts and decide the issue on its merits.
F. All witnesses shall be sworn in by the hearing officer. Each witness raises his/her right hand and is asked, “Do you solemnly affirm to tell the truth, the whole truth and nothing but the truth?”
G. The administration calls its witnesses.
H. After each witness has answered all questions put by the administration, then the student/designee (hereinafter, the student) may cross-examine. This should be limited to questions and not arguments with the witness.
I. The administration may ask rebuttal questions after the student finishes questioning.
J. Members of the Board may ask questions at the conclusion of the rebuttal.
K. The student may then call his/her own witnesses to testify, and the student may testify. All witnesses will be sworn. The administration may cross-examine witnesses. The student may ask rebuttal questions. After the rebuttal questions, the Board may ask questions.
L. When all the student’s witnesses have completed testimony (including the student), the administration may call additional rebuttal witnesses who may be cross-examined.
M. At the end of the testimony, the administration shall make a statement which should include its recommendations. The same may then be done by/for the student.
N. The Board should then deliberate in executive session. The Superintendent, Board attorney, administration, the student charged, his/her parents/legal guardians, and the student’s legal counsel may remain for deliberations. If the student and representatives elect not to be present during deliberations, the administration will also be excluded from deliberations, except that the Superintendent may remain to provide guidance to the Board if he/she was not directly involved in the investigation/presentation of evidence.
O. The Board shall discuss whether the charges are more likely than not supported by the evidence presented. The Board may discuss and/or draft proposed finding of fact(s) concerning the charges prior to leaving the executive session.
P. If the charges are more likely than not supported, the Board shall discuss whether an expulsion shall be for a specified period of time or for an indefinite period.
Q. The Board shall then leave executive session.
III. PUBLIC SESSIONS
A. In public session, a member of the Board may make a motion to “expel a student and direct the Superintendent to provide the student and his/her parents/guardians with the Board’s findings of fact(s).” Following a second, the Board Chair should state the motion and the Board should vote. If no motion is made to expel, the student will return to school at the conclusion of the previously-imposed administrative suspension.
If the student is expelled, a member of the Board shall make a motion as to whether the expulsion shall be for a specified period of time or for an indefinite period. If the expulsion is for an indefinite period, the Board may authorize the Superintendent to develop a reentry plan for the student as described in Section II below.
B. The Superintendent is responsible for notifying the parents/legal guardians (and the student) of the Board’s decision.
IV. REENTRY PLAN GUIDELINES
If the Board expels a student for an indefinite period of time and authorizes the Superintendent to develop a reentry plan, the following steps are required by law.
A. The Superintendent/designee shall develop the reentry plan in consultation with the student and his/her parents/legal guardians to provide guidance that helps the student understand what he/she must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur.
B. The Superintendent/designee shall send a certified letter or hand-deliver a letter to the parents/legal guardians of the student, giving the date, time and location of a meeting to develop a reentry plan.
C. If the student and the student’s parents/legal guardians do not attend the meeting, the reentry plan must be developed by the Superintendent/ designee.
D. The reentry plan may require the student to take reasonable measures determined by the Superintendent that will help establish the student’s readiness to return to school. Professional services determined to be necessary by the Superintendent must be provided at the expense of the student’s parent/legal guardians and/or the student. (See policy JKF for requirements related to students with disabilities.)
E. The reentry plan must be provided to the parents/legal guardians and the student.
F. The Superintendent shall designate an appropriate school employee to review the student’s progress with the reentry plan at one month, three months and six months after the initial reentry plan meeting, and at other times as determined necessary by the designated employee, in consultation with the Superintendent.
Legal Reference: 20-A MRSA §§ 1001 (8A), (9C)
Cross Reference: JKF – Disciplinary Removals of Students with Disabilities
Adopted: November 6, 1975
Revised: May 6, 1982; August 7, 1986; October 19, 1994; January 8, 2009,
April 4, 2013
File: JKF
DISCIPLINARY REMOVAL OF STUDENTS WITH DISABILITIES
When removing students with disabilities from their regular school programs, whether as a result of a suspension, an expulsion, or any other removal covered by state and federal special education laws, it shall be the policy of the local school district to comply fully with all applicable state and federal special education laws that govern such removals.
The Superintendent, in consultation with the Director of Special Education and other school administrators, may develop and promulgate procedures for implementing this policy and may, from time to time, amend those procedures as necessary.
Legal Reference: 34 CFR § 300.121; .519-.529 (March 1999, as amended)
Me. Spec. Ed. Reg. Ch. 101 § 14 (Nov. 1999, as amended)
Adopted: February 6, 1986
Revised: August 7, 1986; November 3, 1994; November 4, 2004; January 8, 2009
File: JKF-R
DISCIPLINARY REMOVAL OF STUDENTS WITH DISABILITIES ADMINISTRATIVE PROCEDURE
These procedures shall govern disciplinary removals of students with disabilities from their regular school program. These procedures shall be interpreted in a manner consistent with state and federal special education laws and regulations.
A. School administrators may suspend students with disabilities for up to 10 cumulative school days in the school year under the same terms and conditions as students without disabilities are suspended, subject to the limitations set forth below:
1. In the event that a disabled student’s Individualized Education Plan (IEP) specifically lists a school response other than a suspension that must be followed for a particular type of misconduct, the school administrator shall follow the requirements of the IEP in responding to that misbehavior.
2. When calculating the 10 cumulative school day total, school administrators shall include school days spent in an in-school suspension or removal, unless during that removal the student continued to have access to the general curriculum, to the special education services in his/her IEP, and also continued to participate with non-disabled students to the extent he/she would have in the student’s regular program.
3. Portions of a school day that a student has been suspended would be included in determining whether the student has been removed for more than 10 cumulative school days.
B. In the event that a school administrator must remove a disabled student from his/her school program for more than 10 cumulative school days in the school year, the administrator shall ensure that the following steps are followed:
1. After consulting with the student’s special education teacher, the school administrator shall arrange for the student to receive an appropriate level of educational services during the removal in question so as to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
2. The administrator shall contact the District’s special education office to arrange for a meeting of the student’s Pupil Evaluation Team (PET), which should meet within 10 business days of commencing the removal in excess of 10 cumulative school days in the school year.
3. At the PET meeting referenced above, the PET shall undertake all the responsibilities established by state and federal special education laws, including reviewing or ordering as appropriate a functional behavior assessment and a behavior intervention plan. The Team may also undertake a manifestation determination of the behaviors of concern, and must undertake that manifestation determination if the student has been removed with sufficient frequency to constitute a “change of placement” as that term is defined by state and federal law.
4. Nothing in these procedures shall prevent the PET from undertaking functional behavior assessments, manifestation determinations, or the development of behavior plans at earlier points in time, as determined appropriate by the PET.
C. Should school officials believe that the student should remain out of his/her regular program for a sufficient length of time so as to be a “change of placement” under state and federal law, school officials shall schedule a PET meeting to consider that removal. At that meeting, the following things must occur:
1. The Team shall review or order, as appropriate, a functional behavior assessment and shall review or order, as appropriate, a behavior intervention plan for the student. The Team shall also under take a manifestation determination of the behaviors prompting the need for the extended removal time.
2. If the PET chooses to remove the student from his/her regular program for a period of time that would be a change of placement, the Team shall decide upon the appropriate services for the student
to receive during that removal. Those services must be calculated to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
3. When such a removal is ordered by the PET, the family shall receive the special education statement of procedural rights as part of that decision. If possible, the chair of the PET meeting should also attempt to inform the student’s parent/guardian at the meeting that if he/she does not believe the service package ordered by the PET is appropriate, then the parent/guardian may request a due process hearing challenging the appropriateness of those services.
D. For the purpose of these procedures, a “change of placement” shall be any removal from the student’s regular school program that is for more than 10 consecutive school days in a school year, or any series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year and are considered a change of placement because of factors such as the length of each removal, the total amount of time the student is removed and the proximity of the removals to one another.
E. In any situation where the PET determines that misconduct is not a manifestation of the student’s disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner as they would be applied to students without disabilities, up to and including possible expulsion of the student in question. During any permissible disciplinary removal in excess of 10 cumulative school days in the school year, including expulsions, the school shall provide that student with services sufficient to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal. The PET shall determine the services that meet that standard for removals sufficiently long as to constitute a change of placement.
F. Following any disciplinary removal in excess of 10 cumulative school days in the school year, the PET should meet to review the student’s most recent functional behavior assessment, or if one has not been done, to order that such an assessment occur, as appropriate. Following the completion and/or review of the functional behavior assessment, the Team shall develop and/or review, as necessary, the behavior intervention plan and order changes in such a plan, if appropriate, to address the behaviors of concern.
G. In those circumstances where a student brings a weapon to school, to a school
function, or on school transportation, or where a student possesses, uses, sells or
attempts to sell illegal drugs at school, a school function, or on school transportation, school officials may place that student out of school for up to 45 days, shall provide educational services for the student, and shall schedule a PET meeting to occur within 10 business days of the removal. At that PET meeting, the Team shall undertake all necessary actions discussed in these procedures for responding to removals that constitute a change of placement for the student. Determinations regarding what should happen with the student after the 45-day removal shall also be made by the PET, consistent with these procedures and state and federal law.
Legal Reference: 34 CFR § 300.121; .519-.529 (March 1999, as amended)
Me. Spec. Ed. Reg. ch. 101 § 14 (Nov. 1999, as amended)
Adopted: January 8, 2009
Revised: August 4, 2011
File: JKG
PHYSICAL RESTRAINT
School district employees may use physical restraint on students who present an immediate threat of physical harm to themselves or others. Restraint should not be used beyond the point necessary to prevent the student from harming him/herself or others, and should be applied in a caring manner if at all possible.
For a student who cannot be safely restrained in this fashion, school officials should attempt to ensure that other students are removed from the threat of harm and that the student does not have access to items that could be dangerous.
When the student is unable to be brought under control, school officials should contact the student’s parents for assistance and should contact the police if necessary to maintain a safe environment.
This policy can be modified in the case of students with identified disabilities through a determination by the student’s Pupil Evaluation Team.
Legal Reference: 20-A MRSA § 4009
Adopted: January 8, 2009
File: JL
School Wellness
General Philosophy Statement
Nutrition and physical activity influence a child’s development, health status, well-being, and potential for learning. All students should possess the knowledge and skills necessary to make informed decisions regarding nutrition and physical activity.
Recognizing the obligation to provide a desirable educational environment, the MSAD #11 School Board believes that any food or beverage item sold by the schools during the normal school day should be limited to those items which contribute to the needs of children, provide for the development of healthy food habits, and enhance the School Department’s health curriculum. The MSAD #11 Board also encourages that all school personnel promote and model good food practices which, in turn, will help students develop eating habits that aid in their physical and mental development and ultimately help to prevent those illnesses that are diet related. The District shall work through its Community Health Advisory Committee and/or building level staff to find no or low cost ways to encourage staff wellness.
Physical Education and Physical Activity Opportunities
MSAD #11 shall offer physical education opportunities that include the components of a quality physical education program, which equips students with the knowledge, skills, and values necessary for lifelong physical activity. Physical education instruction shall be aligned with the State of Maine Laws and the Maine Learning Results.
MSAD #11 supports multiple classroom instructional approaches including the integration of physical activity for all students. All athletic related facilities including gyms, fields, and trails will be made available for classrooms to utilize during the school day. However, the physical education program or pre-game preparations for sports teams take precedence over other classrooms.
The District will offer daily opportunities for unstructured physical activity commonly referred to as recess, for all students PreK-8. Recess will be in addition to physical education class time and not be a substitute for physical education. Each school shall provide proper equipment and a safe area designated for supervised recess. Schools will provide opportunities for some type of physical activity for students in grades six through twelve apart from physical education class and organized sports.
Nutrition Education
Because nutrition education promotes healthy eating practices, nutrition education topics shall be integrated within the comprehensive health education program and designed to help students obtain the knowledge and skills related to nutrition. Nutrition education shall be aligned with the State of Maine Laws and the Maine Learning Results.
Food Service Programs
Foods sold or offered under the National School Lunch and Child Nutrition Act Programs (including Breakfast and Summer Feeding Programs) shall be governed by Federal and State regulations. Our food service programs will:
• Strive to offer students a minimum of 10 minutes for breakfast meals and 20 minutes for lunch meals for actual seat time
• Offer meals that meet the dietary guidelines recommended by the United States Department of Agriculture and follow the Healthy Meals standards by
Including a variety of food
Including adequate foods from the grain, vegetable, protein, and fruit groups
Limiting foods high in sugar content
Limiting foods high in sodium
• Offer a wide variety of healthy food choices, which are served in appropriate portions, including a la carte and in preparation method, that emphasize high quality nutrition
• Maintain our dining areas as pleasant, clean, and inviting places to eat
• Offer modified meals upon physician’s request for students with food allergies or other special dietary needs
• Provide bag lunches for field trips, when appropriate
Food as Reward /Punishment
Food or beverage items will not be used as reward, motivation, incentive, or punishment.
Community Health Advisory Committee
MSAD #11 shall maintain its commitment to a Community Health Advisory Committee that will provide an ongoing review and evaluation of the MSAD 11 wellness policy, which includes nutrition and physical activity. The CHAC will meet a minimum of three times annually. The CHAC will report directly to the Superintendent.
The superintendent shall appoint a chair to sustain the Community Health Advisory Board Committee and invite appropriate stakeholders to become members of the Community Health Advisory Committee. The goals of the CHAC will be set by the Superintendent and Administrative Team. The Community Health Advisory Committee may include representatives from the following areas:
• Health Education
• Physical Education
• Health Services
• Food Services
• Counseling/psychological/and social services
• Administration
• Parents, students, and community (including health care providers, hospital, and public health department staff, non-profit, health organizations, physical activity groups, community youth organizations, and university or other governmental agencies).
Goal Setting
Daily Physical Education
MSAD #11 School Board will work toward maintaining or increasing physical education for all students in grades PreK-12. Subsequent increases in the amount of physical education should also reflect an increase in the graduation requirement.
Health Education
The MSAD #11 School Board will work toward increasing the required Health Education. The MSAD #11 School Board will work toward increasing the support and resources for health education for all teachers at the PreK-5 levels.
Before /After School Programs
MSAD #11 will strive to increase the variety of physical activity programs available for students before and after school.
Walking School Bus
MSAD #11 Community Advisory Committee will work with the community to increase the number of Walking School Bus opportunities.
ADOPTED: SEPTEMBER 7, 2006
File: JLCA
PHYSICAL EXAMINATIONS OF STUDENTS
The MSAD #11 Board is aware of the relationship between student health and success in school. Recognizing that parents/guardians bear the major responsibility for attending to the health needs of their children and that the school system has an interest in the well-being of its students, the MSAD #11 Board adopts the following policy.
A. Physical Examinations and Screenings
Parents/guardians shall be encouraged to have their children physically examined prior to entering school. Dental examinations shall also be encouraged.
Vision, hearing, and scoliosis screenings will be conducted as required by Maine law. Parents will be notified of any suspected health problems identified through screening.
School staff are encouraged to be alert to the general well-being of students and should refer any concerns to the building principal.
B. Participation in Athletics
Students who wish to participate in middle school or high school athletics are required to have a physical examination and medical approval before doing so. The physical examination must have been given within 90 days prior to participation. Thereafter, students participating in athletics must have a physical examination on a schedule recommended by their health care provider, but not less frequently than once every two years. A student will not be allowed to participate in practice or competition without the required physical examination and medical approval.
C. Parental Consent
Parent/guardian consent shall be required for physical examinations if given by the school physician or under the auspices of the school.
Parents/guardians and eligible students (students 18 years of age or older) shall be notified annually and have the opportunity to opt the student out of any non-emergency, invasive, physical examination or screening that is:
1. Required as a condition of attendance;
2. Administered by the school and scheduled by the school in advance; and
3. Not necessary to protect the immediate health and safety of the student, or of other students.
For the purpose of this policy, “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision or scoliosis screening.
[NOTE: The two paragraphs immediately above reflect requirements of the No Child Left Behind Act; see 20 U.S.C. § 1232h(c).]
Legal Reference: 20-A M.R.S.A. §§ 6402-A, 6451-6453
20 U.S.C. § 1232h(c)
Cross Reference: JLCB - Immunization of Students
Adopted: January 8, 2009
File: JLCB
IMMUNIZATION OF STUDENTS
All students who enroll in the school district schools are required by Maine law to present a certificate of immunization or evidence of immunization or immunity against poliomyelitis, diphtheria, pertussis (whooping cough), tetanus, measles, mumps, rubella and varicella (chicken pox).
Non-immunized students shall not be permitted to attend school unless one of the following conditions are met:
A. The parents/guardians provide to the school written assurance that the child will be immunized within 90 days of enrolling in school or his/her first attendance in classes, whichever date is earlier. This option is available only once to each student during their school career; or
B. The parents/guardians provide a physician’s written statement each year that immunization against one or more diseases may be medically inadvisable (as defined by law/regulation); or
C. The parents/guardians state in writing each year that immunization is contrary to their sincere religious or philosophical beliefs.
The Superintendent shall exclude from school any non-immunized student when there is a clear danger to the health of others as provided by law.
The Superintendent/designee is directed to develop such administrative procedures as are necessary to carry out this policy and comply with statutory requirements.
Legal Reference: 20-A MRSA §§ 6352-6359
Chapter 126 (Me. Dept. of Ed. Rules)
Cross Reference: JLCC – Communicable/Infectious Diseases
JRA – Student Educational Records
Adopted: January 8, 2009
File: JLCC
COMMUNICABLE/INFECTIOUS DISEASES
Teachers shall be alert to signs of illness and communicable disease and refer students who show such symptoms to the school nurse.
All students under quarantine shall be excluded from school and school activities. Quarantine regulations established by the Bureau of Health shall be observed. The school nurse shall be responsible for notifying the local health department of all students having a communicable disease as required by law and Department of Education rules. The building Principal shall be notified of all communicable disease cases and contacts in the school.
Students who have other types of communicable diseases shall be excluded from school as prescribed by law, or shall observe other protective procedures according to recommendations issued by the school physician.
When a student returns to school after having had a communicable disease, a certificate from the attending physician is required. The building principal and/or the school nurse must give permission before the student is readmitted to class.
Legal Reference: 5 MRSA § 19201 et seq.
20-A MRSA §§ 1001(11)(A), 6301
22 MRSA §§ 801, 802, 806, 823, 824
Adopted: Prior to 1985
Revised: August 7, 1986; October 19, 1994; January 8, 2009
File: JLCCA
STUDENTS WITH HIV/AIDS
The purpose of this policy is to establish what actions shall be taken in the event that this school district is made aware that a student being enrolled or attending school is infected with Human Immunodeficiency Virus (HIV).
This policy has been adopted to assure that the rights and safety of all involved parties are preserved.
A. In general, the MSAD #11 Board shall provide educational opportunities for students infected with HIV just as it does for other students.
B. In the event that a public health threat is perceived by the student’s private physician, the Bureau of Health must be notified and will then conduct an evaluation. If the school is notified of a student infected with HIV by the parents/guardians and becomes concerned about the safety of that student, other students or staff, a similar evaluation may be requested. At any time that there is a concern that a particular student poses a public health threat to others, advice may be requested by the Superintendent from the Bureau of Health. The Superintendent may also consult on a strictly confidential basis with the school district’s attorney.
C. If the Bureau of Health determines that conditions exist which suggest that a student with a Human Immunodeficiency Virus infection is a health threat to the school community, the Bureau of Health and/or the Superintendent shall remove the student from the usual classroom setting until other arrangements can be made or until the Bureau of Health determines that the risks have abated. The health status of a student temporarily removed from the usual school setting in order to protect the health of the student or others will be re-evaluated at least quarterly by the Bureau of Health.
D. Maine law protects the confidentiality of HIV test results with certain statutory exceptions. Test results may not be disclosed to anyone other than the Bureau of Health without written consent of parents/guardians. Records containing information about HIV test results and consent forms relating to test results shall be kept separate from other school records. Only those persons given written consent by the student’s parents/guardians shall have access.
E. With written consent of the parents/guardians, the school shall designate an individual or team to:
1. Serve as the liaison between the school and the student’s parents, the student’s physician and, if necessary, the Bureau of Health; and/or
2. Serve as the supervisor of the medical component of the student’s educational experience. Any team member or individual entrusted with the knowledge of a student infected with HIV must, by law, keep his/her knowledge of that child’s status confidential and access to information shall be limited only to those persons authorized in writing by the student’s parents/guardians.
F. At the parents’/guardians’ written request, a designated team member, usually the school nurse, will to the extent practicable notify the student’s parents/guardians and/or the student’s physician in the event that the designated team member becomes aware that infections occur in the school population that may place an immunodeficient student at increased risk as defined by the student’s physician or Bureau of Health. The decision whether or not to remove the student from school will be made by the parents/guardians and the student’s physician.
G. Because of the inability to identify individuals who may be infected with HIV or other agents transmissible through blood and other body fluids, standard procedures shall be followed for cleaning and disinfecting all body fluid spills. The procedures for cleaning bodily fluid spills shall be reviewed annually by all school staff members.
H. The district will seek to provide educational programs to inform parents/guardians, students and staff regarding AIDS and all other communicable diseases even though there may not be students with infection currently enrolled.
I. In any instance where this policy requires the consent of the parents/guardians of an HIV-infected student, consent must be obtained directly from the student if the student is 18 years of age or older.
Legal Reference: 5 MRSA § 19201 et seq.
Cross Reference: GBGAA - Bloodborne Pathogens
JLCC – Communicable/Infectious Diseases
Adopted: April 14, 1989
Revised: December 2, 1993; October 19, 1994; January 8, 2009
File: JLCD
ADMINISTRATION OF MEDICATION TO STUDENTS
Although the MSAD #11 Board discourages the administration of medication to students during the school day when other options exist, it recognizes that in some instances a student’s chronic or short-term illness, injury, or disabling condition may require the administration of medication during the school day. The school will not deny educational opportunities to students requiring the administration of medication in order to remain in attendance and participate in the educational program.
The intent of this policy is to promote the safe administration of medications to students by school personnel and to provide for authorization of student emergency self-administration of medication from asthma inhalers and epinephrine pens. The MSAD #11 Board encourages collaboration between parents/guardians and the schools in these efforts.
The MSAD #11 Board disclaims any and all responsibility for the diagnosis, prescription of treatment, and administration of medication for any student, and for any injury arising from a student’s self-administration of medication.
DEFINITIONS
“Administration: means the provision of prescribed medication to a student according to the orders of a health care provider.
“Health care provider” means a medical/health practitioner who has a current license in the State of Maine with a scope of practice that includes prescribing medication.
“Indirect supervision” means the supervision of an unlicensed school staff member when the school nurse or other health care provider is not physically available on site but immediately available by telephone.
“Medication” means prescribed drugs and medical devices that are controlled by the U.S. Food and Drug Administration and are ordered by a health care provider. It includes over-the-counter medications prescribed through a standing order by the school physician or prescribed by the student’s health care provider.
“Parent” means a natural or adoptive parent, a guardian, or a person acting as a parent of a child with legal responsibility for the child’s welfare.
“School nurse” means a registered professional nurse with Maine Department of Education certification for school nursing.
“Self-administration” is when the student administers medication independently to him/herself under indirect supervision of the school nurse.
“Unlicensed school personnel” are persons who do not have a professional license that allows them, within the scope of that license, to administer medication.
ADMINISTRATION OF MEDICATION BY SCHOOL PERSONNEL
Parental Request
In the event that no reasonable alternative exists, the parent/guardian may request in writing that medication be administered to the student during the school day. The written request must include an acknowledgement and agreement that unlicensed personnel may administer the medication as per the health care provider’s instructions. In addition, the request shall indicate that information regarding the student’s medication may be shared with appropriate school personnel. Parents may provide the reason (diagnosis) requiring the administration of medication.
Health Care Provider’s Order
All parental requests must be accompanied by a written order from the student’s health care provider substantiating the fact that the administration of a particular medication during the school day is necessary for the student’s health and attendance in school. Such order must include:
A. The student’s name;
B. The name of the medication;
C. The dose;
D. The route of administration (e.g., tablets, liquid, drops); and
E. Time intervals for administration (e.g. every four hours, before meals)
F. Any special instructions; and
The name of the prescribing health care provider
It is the responsibility of the school nurse to clarify any medication order that he/she believes to be inappropriate or ambiguous. In accordance with Department of Education Rule Chapter 40 § 2(B), the school nurse may decline to administer a medication if he/she believes such administration would jeopardize student safety. In this case, the school nurse must notify the parent, the student’s health care provider and the school administrator (i.e., building principal or designated administrator).
Renewal of Parent Permission Requests/Forms and Health Care Provider Orders
Written parental permission request/form and health care provider orders must be renewed annually or whenever there are changes in the order.
Delivery and Storage of Medication
The student’s parents or designee shall deliver any medication to be administered by school personnel to the school in its original container. In the event that this is not practical, the parent must contact the school to make alternate arrangements.
No more than a 20 day (one month) supply of medication shall be kept at school, excluding inhalers and epinephrine pens. The parent is responsible for the replenishment of medication kept at school.
If the health care provider’s order/prescription is for a medication regulated by the Federal Narcotics Act, no more than a week’s supply shall be kept at school. (Some situations may not lend themselves to this. Parent may request special arrangements).
The parent is responsible for notifying the school of any changes in or discontinuation of a prescribed medication that is being administered to the student at school. The parent must remove any medication no longer required or that remains at the end of the school year.
The school nurse shall be responsible for developing and implementing procedures for the appropriate and secure storage of medications kept at school, and all medications shall be stored in accordance with this procedure.
Recordkeeping
School personnel and the student’s parent shall account for all medication brought to school. The number of capsules, pills or tablets, and/or the volume of other medications brought to school shall be recorded.
School staff administering medication shall document on the medication administration form each instance that the medication is administered including the date, time, and dosage given. (the form is attached).
The school nurse or designee shall maintain a record including the parent’s request, physician’s order, details of the specific medications (including dosage and timing of medication), and documentation of each instance the medication is administered.
Records shall be retained according to the current State schedules pertaining to student health records. Our policy is to keep records for seven (7) years. After that the face sheet is kept for as long as space allows.
Confidentiality
To the extent legally permissible, staff members may be provided with such information regarding medication and its administration as may be in the best interest of the student.
Administration of Medication
Medication may be administered during the school day by licensed medical personnel acting within the scope of their licenses.
The school nurse, under the administrative supervision of the Superintendent, will provide direction and oversight for the administration of medication to students.
All unlicensed personnel (principals, teachers, education technicians, school secretaries, coaches, bus drivers, etc.) who administer medication must receive training before being authorized to do so.
Based upon the documentation of training and competency in the administration of medication, the school nurse will make recommendations to the Superintendent/designee pertaining to authorization of unlicensed persons to administer medication. Training that shall be acceptable
for the purpose of authorization of unlicensed personnel is addressed under the section of this policy titled “Required Training of Unlicensed Personnel to Administer Medication.”
Administration of Medication During Off-Campus Field Trips and School-Sponsored Events
The school will accommodate students requiring administration of medication during field trips or school-sponsored events as follows:
The school nurse, principal, and, as appropriate, the school unit’s Section 504 Coordinator and/or IEP, will determine whether an individual student’s participation is contraindicated due to the unstable/fragile nature of his/her health condition, the distance from emergency care that may be required, and/or other extraordinary circumstances. The student’s parent and primary care provider will be consulted in making this determination. The decision will be made in compliance with applicable laws, including the IDEA, § 504 and the Americans with Disabilities Act (ADA).
The parent must provide the appropriate number of doses needed for the duration of the field trip or school-sponsored event.
When there are no contraindications to student participation, an appropriately trained staff member will be assigned to administer medication. The parent will be encouraged to accompany the student, if possible, to care for the student and administer medication. All provisions of this policy shall apply to medications to be administered during off-campus field trips and school-sponsored events. As practicable, the DOE’s “Policy for Medication Administration on School Trips” will be followed.
Student Self-Administration of Asthma Inhalers and Epinephrine Pens
Students with allergies or asthma may be authorized by the school nurse to possess and self-administer emergency medication from an epinephrine pen (EpiPen) or asthma inhaler during the school day, during field trips. School-sponsored events, or while on a school bus. The student shall be authorized to possess and self-administer medication from an epinephrine pen or asthma inhaler if the following conditions have been met.
A. The parent- (or student, if 18 years of age or older) must request in writing
authorization of the student to self-administer medication from an epinephrine pen or asthma inhaler.
B. The student must have the prior written approval of his/her primary health care
provider and, if the student is under the age of 18, the prior written approval of his/her parent/guardian. The written notice from the student’s primary care provider must specify the name and dosage of the medication, frequency with which it may be administered, and the circumstances that may warrant its use.
C. The student’s parent/guardian should submit written verification to the school from the student’s primary care provider, if available, confirming that the student has the knowledge and the skills to safely possess and use an epinephrine pen or asthma inhaler.
D. The school nurse shall evaluate the student’s technique to ensure proper and
effective use of an epinephrine pen or asthma inhaler.
E. The parent/guardian will be informed that the school cannot accurately monitor the frequency and appropriateness of use when the student self-administers medication, and that the school unit will not be responsible for any injury arising from the student’s self-medication.
Authorization granted to a student to possess and self-administer medication from an epinephrine pen or asthma inhaler shall be valid for the current school year only and must be renewed annually.
A student’s authorization to possess and self-administer medication from an epinephrine pen or asthma inhaler may be limited or revoked by the building principal after consultation with the school nurse and the student’s parents if the student demonstrates inability to responsibly possess and self-administer such medication.
To the extent legally permissible, staff members may be provided with such information regarding the student’s medication and the student’s self-administration as may be in the best interest of the student.
Sharing, borrowing, or distribution of medication is prohibited. The student’s authorization to a self-administer medication may be revoked and the student may be subject to disciplinary consequences for violation of this policy.
Medication possession/use Grades 9-12 requirements
With the increased expectations and responsibility given to high school students, flexibility needs to be made regarding their access to medication; therefore students at the high school may carry and self-administer certain medications with the written permission of the parent/guardian and when determined appropriate or physician. All such medication must come in original and or labeled containers.
Required Training of Unlicensed Personnel to Administer Medication
Unlicensed school personnel who administer medication to students in a school setting (at school, on school transportation to or from school, on field trips, or during school-sponsored events) must be trained in the administration of medication before being authorized to carry out this responsibility. Such training must be provided by a registered professional nurse or
physician and include the components specified in Department of Education Rules Chapter 40 and other applicable Department of Education standards, recommendations, programs, and/or methodologies.
The trainer shall document the training and competency of unlicensed school personnel to administer medication. Based upon a review of the documentation of training and competency in the administration of medication, the school nurse will make recommendations to the Superintendent/designee pertaining to authorization of such unlicensed personnel pertaining to authorization to administer medication.
Following the initial training, a training review and information update must be held at least annually for those unlicensed school personnel authorized to administer medication.
Delegation and Implementation
The Superintendent/designee shall be responsible for developing administrative procedures and/or protocols to implement or supplement this policy.
Such procedures/protocols shall include direction regarding:
1. Safe transport of medication to and from school;
2. Administration of medication during field trips and school-sponsored events;
3. Accountability for medications, particularly those regulated by the Federal Narcotics Act.
4. Proper storage of medication at school;
5. Training of appropriate staff on administration of emergency medications;
6. The procedure to follow in the event of a medication reaction;
Access to medications in case of a disaster.
7. The process for documenting medications given and medication errors; and
8. The proper disposal of medications not retrieved by parents.
Legal Reference: 20-A MRSA §§ 254; 4009(4)
Ch. 40 (Me. Dept. of Educ. Rule)
28 C.F.R. Part 35 (Americans with Disabilities Act of 1990)
34 C.F.R. Part 104 (Section 504 of the Rehabilitation Act of 1973)
34 C.F.R. Part 300 (Individuals with Disabilities Education Act)
Adopted: October 6, 2005
Revised: December 2, 2010
File: JLCD-E
Maine Department of Education
“Policy for Medication Administration on School Field Trips”
1. Any unlicensed personnel administering medications must hold documentation of their training in the administration of medication, including personnel administering medication on a field trip.
2. There must be written permission from the parent/guardian providing consent to administer the medication in school and a written physicians order and/or an appropriately labeled original medication container.
3. Either a standardized preprinted medication label or preprinted envelope containing the information described below or medication in its original container will be used for students attending a field trip.
4. When using a preprinted label or preprinted envelope, the school nurse shall transfer the prescribed amount of medication needed for the field trip from the original medication container into the approved envelop and fill in the appropriate information on the envelope.
5. The envelope will be provided to the trained personnel for administration during the trip. The school nurse will provide a review of the medication and its administration to the trained personnel on an as needed basis. All trained personnel administering medication must understand what to do in an emergency.
6. The medication will be transported and stored in compliance with any special directions for the medication and will be secured as safely as possible.
7. the administration of medication on a field trip will duplicate as much as possible, the guidelines found in the “Guidelines for Training of Non-Licensed Personnel in Medication Administration.” This will include consideration of student privacy and cleanliness of area where medications are administered.
8. Medication will be administered to the student to assure that the right student receives the right medication, with the right dose, at the right time, by the right route. The trained personnel administering the medication will double-check the student with the medication label and will double-check the dose. The medication will be given within 30 minutes either side of the prescribed time.
9. Each school district will develop a method of documenting medications administered on a field trip, recording any unexpected occurrences, and a method of returning any medication not administered.
The medication envelope or label will contain the following information:
1. Date to be administered.
2. Name of the student.
3. Name of the medication.
4. Dose to be given.
5. Time to be given.
6. Physician prescribing the medication.
7. Special directions.
8. Phone number of school nurse.
9. Emergency directions.
DATE ADOPTED: October 29, 2001 (by the Department of Education, Board of
Pharmacy and Board of Nursing.
Reviewed: October 6, 2005
File: JLCE-R
FIRST AID ADMINISTRATIVE PROCEDURE
The building Principal or his/her designee shall be notified immediately of an injury to any pupil in the school building or on the school premises.
A report of the injury and first aid given shall be made in writing, with a copy sent to the Superintendent and a duplicate copy retained in the school files.
If the pupil is to be sent home, the Principal/designee shall first determine if the parent or guardian is at home to receive the pupil.
The pupil should not be sent home unless some responsible person in the household is there to receive him/her. In case the pupil is not able to go home unassisted, the Principal shall require the parent to call for the child or shall provide proper supervision in seeing that the child is escorted safely home.
In the case of serious injury requiring the immediate attention of a physician, the following procedure shall be followed:
A. The school nurse and school physician shall be called immediately and the family notified.
B. If the school physician in not available, the family shall be contacted and the pupil sent to the family physician on the instruction of the parent.
C. If the family physician is not available, any other physician shall be called, or the pupil shall be taken to the nearest hospital.
D. The parent shall be responsible for any fees in connection with (B) and (C) above.
Legal Reference: 20-A MRSA § 4009
Adopted: January 8, 2009
File: JLCE
FIRST AID AND EMERGENCY MEDICAL CARE
“First aid is immediate and temporary treatment and care in the event of an accident or injury before medical care can be obtained.”
-Maine School Health Committee
SCHOOL HEALTH MANUAL (1997 ed.)
The Superintendent/designee shall establish and implement procedures for handling accidents and injuries, which shall make clear the responsibilities of various school personnel. They shall be based upon recommendations in the SCHOOL HEALTH MANUAL. The Superintendent/designee shall maintain a system for accident reporting and for maintaining emergency health and contact information on each student. The Superintendent/designee shall also designate appropriate staff members to be responsible for administering first aid and will provide these individuals with appropriate training
Legal Reference: 20-A MRSA § 4009
Adopted: January 8, 2009
File: JLDBG
REINTEGRATION OF STUDENTS FROM JUVENILE
CORRECTIONAL FACILITIES
Maine law requires the establishment of a reintegration team to assist a student entering a public school from a juvenile correctional facility. The MSAD #11 Board recognizes the need for advance planning and appropriate confidentiality in these circumstances.
The Superintendent shall be responsible for determining whether a student will be accepted or denied access to school based on compliance with the juvenile’s rehabilitation plan as it affects reintegration. Access may be denied until the Superintendent is satisfied that conditions have been met.
The school district will comply with reintegration standards established by the Maine Department of Education. The Superintendent will be responsible for overseeing the transition of students from juvenile correctional facilities based on the following guidelines.
A. Within ten days of receiving information from the Department of Corrections concerning the release of the juvenile offender, the Superintendent shall establish and convene a meeting of a reintegration team to review information received from the Department of Corrections, evaluate the student’s individual educational needs, and determine what additional information may be relevant.
B. The reintegration team shall include the Special Education Director and at a minimum the principal/designee of the school to which the student will be admitted, at least one classroom teacher to which the student will be assigned or who is involved in the school’s student assistance team, the student’s parent/guardian/custodian, and a guidance counselor. The student’s juvenile correctional officer or other representative from the Department of Corrections may be invited to attend.
C. The reintegration team will determine, on the basis of need, which school employees should be given information that would otherwise be considered confidential. The nature and extent of information provided should be limited to that needed to implement the student’s reintegration plan and ensure the health and safety of the student, the safety of the school’s students and staff, and the integrity of school property.
D. The Superintendent/designee will be responsible for ensuring that confidentiality training, including a review of the school district’s policy and administrative procedures pertinent to records from the juvenile criminal justice system, including the juvenile correctional facility, and to all student educational records under the Family Education Records and Privacy Act (FERPA), is provided to all school employees who have access to this information.
E. Before the student enters school, at least one additional meeting of the reintegration team should be held to develop an individualized plan for the student’s reintegration based on the student’s educational needs and the options available within the school system. This meeting should include the student as well as the members of the reintegration team. The reintegration plan will address the student’s educational program, participation in activities (including co-curricular and extracurricular activities), and access to school facilities (including transportation).
F. Placement in grade, class, and/or school programs will be based on the student’s abilities and academic achievement demonstrated in prior educational settings, including the student’s stay at the juvenile correctional facility. The principal will be responsible for evaluating the student’s transcript and portfolio from the juvenile correctional facility to assess progress toward meeting the content standards of the Learning Results.
G. The Superintendent/designee will be responsible for developing and implementing a process for monitoring and reporting a student’s progress and compliance with the reintegration plan and for modifying the plan as needed.
H. A student who violates MSAD #11 Board policy or school rules will be subject to the disciplinary consequences described in policy, administrative procedures, and/or the student handbook/student code of conduct.
I. The Superintendent/designee shall make any reports that may be required by the Department of Education concerning numbers of students entering the local school unit from juvenile correctional facilities.
Legal Reference: 20-A M.R.S.A. §§ 254(12), 1055(12), 2902(10), 4502(5)(O),
6001-B(1), 6001-B(2), 6001-B(3-A)
15 M.R.S.A. § 3009
[NOTE: 15 M.R.S.A. § 3308(7)(E) provides that when a juvenile has been charged with or adjudicated of a juvenile offense that involves the use or threatened use of physical force against a person, the District Attorney in the district where the charges were brought will provide certain information to the Superintendent (or designee) of the juvenile’s school.
This information is limited to:
1. The name of the juvenile;
2. The nature of the alleged offense or offense;
3. The date of the alleged offense or offense;
4. The date of the petition (date charged);
5. The date of the adjudication, if applicable; and
6. The location of the court where the case was brought, if applicable.
By law, this information is not to become part of the student’s educational record.
Adopted: January 8, 2009
File: JLF-E
MSAD #11 SUSPECTED CHILD ABUSE/NEGLECT REPORT FORM
1) Name/title/telephone number of person making first report: ____________________________________________________________________
2) Date and time of first report: ____________________________________________________________________
3) Name/title of school department official first report made to: _________________
____________________________________________________________________
4) Did the person making first report contact DHS independently: ____ Yes ____ No
5) Date/time/person making report to Superintendent: _________________________
6) Name of student who is subject of report: _________________________________
Birthdate: __________________ Sex: _____________ Grade: ______________
Known history of abuse/neglect? ________________________________________
Parent/Guardian Name(s): ______________________________________________
Address: ___________________________________________________________
Home and work telephone numbers: _____________________________________
Name(s) of sibling(s): ________________________________________________
7) Statements or indicators leading to the suspicion of abuse/neglect (include all known information, including date, time and location, name of alleged abuser, and relationship
to student): __________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
File: JLF-E
8) List any photographs taken or other materials collected related to the report: ______
___________________________________________________________________
___________________________________________________________________
9) Actions taken by school officials (list date, time and personnel involved):
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
10) Reports to authorities:
Agency contacted by telephone: _________________________________________ Name and title of agency contact: ______________________________________
Date and time of telephone report: _______________________________________
Copy of report form sent (include date and addressee):________________________ ___________________________________________________________________
Signature and title of person completing form:
____________________________________ ___________________________
Date: ______________________
File: JLF
REPORTING CHILD ABUSE AND NEGLECT
I. DEFINITIONS
A. Child abuse or neglect. Child abuse or neglect is defined by Maine Law
as “a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, or failure to ensure compliance with school attendance requirements, if the child is at least seven years of age and has not completed grade six and has the equivalent of seven full days of unexcused absences or five consecutive school days of unexcused absences during a school year, by a person responsible for the child [OR: failure to ensure compliance with school attendance requirements as provided in 20-A MRSA § 3272(2)(B) or § 5051-A(1)(C), by a person responsible for the child].
B. Person responsible for the child. A “person responsible for the child” means a
person with responsibility for a child’s health or welfare, whether in the child’s home or another home or a facility which, as part of its function, provides for the care of the child. It includes the child’s parent, guardian or other custodian.
II. EMPLOYEES’ DUTY TO REPORT
Any employee of the school district who has reason to suspect that a child has been
or likely to be abused or neglected must immediately notify the building principal who shall process the report as provided in Section III of this policy. In addition to notifying the building principal, the employee may also make a report directly to the Department of Human Services (DHHS) or the District Attorney when the employee believes a direct report will better protect the child in question.
III. ADMINISTRATORS’ DUTIES
A. The principal shall make an immediate verbal report to the Superintendent/
designee. If it is determined that there is a duty to make a report to DHHS or the District Attorney, the Superintendent/designee shall make the appropriate report(s), as provided in section B.
B. The law provides that a report must be made to DHHS when the person suspected
is a “person responsible for the child,” or to the District Attorney when the person suspected is not a person responsible for the child.
However, because the legal definition of “person responsible for the child” is vague, the Superintendent/designee shall report all cases of suspected abuse or neglect to DHHS. In addition, if the person suspected is not the parent, guardian or other custodian of the child, the Superintendent/designee shall also make a report to the District Attorney.
C. The Superintendent/designee shall retain a record of all verbal and written
reports made to DHHS, the District Attorney, or other outside agencies as well as all actions taken by the school district.
IV. REPORTING PROCEDURES
The verbal report shall include the following information, if known:
A. The name and address of the child and the persons responsible for his/her
care or custody;
B. The child’s age and sex;
C. The nature and extent of the alleged abuse or neglect, including description
of injuries and any explanation given for them;
D. A description of alleged sexual abuse or exploitation, if any;
E. Family composition and evidence of prior abuse or neglect of the child or
his/her siblings;
F. The source of the report, the person making the report, his/her occupation
and where he/she can be contacted;
G. Any actions taken by school staff, including any photographs taken or other
materials collected; and
H. Any other information the person making the report believes may be helpful.
Upon DHHS’ request for a written report, the Superintendent/designee shall complete the Suspected Child Abuse/Neglect Report and mail a copy of DHHS. Proper documentation shall be maintained in accordance with Section III. C.
V. INTERNAL INVESTIGATIONS AND DISCIPLINE
A. Employees. If the person suspected of abuse or neglect is an employee, the
Superintendent/designee shall investigate and take appropriate action in accordance with applicable MSAD #11 Board policies, collective bargaining contracts, and federal and state laws.
B. Students. If the person suspected of abuse or neglect is a student, and the abuse
or neglect occurred on school premises, during a school activity, or is otherwise related to the school, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable MSAD #11 Board policies and federal and state laws.
VI. INTERVIEWS OF CHILD AND SCHOOL PERSONNEL
Upon Department of Human Services (DHHS) request, DHHS personnel shall be
permitted to meet with and interview a child who is named in a report of suspected child abuse and neglect when the child is present at the school. The interviewer shall provide written certification that he/she is an authorized representative of the DHHS and that, in DHHS judgment, the interview is necessary to carry out that Department’s duties under Maine Law.
The DHHS caseworker shall discuss the circumstances of the interview and any relevant information regarding the alleged abuse or neglect with the child’s teacher or guidance counselor or the school’s nurse, social worker or principal, as the caseworker determines is necessary for the provision of any needed emotional support to the child prior to and following the interview.
School officials may not place any other conditions on the DHHS’s ability to conduct the interview, including but not limited to requiring that certain persons be present during the interview; prohibiting certain persons from being present during the interview; or requiring notice to or consent form a parent or guardian.
School officials shall provide an appropriate, quiet and private place for the interview to occur.
That DHHS intends to interview the child is confidential information and may not be disclosed to any person except those school officials, including an attorney for the school, who need the information to comply with Maine law pertaining to child abuse and neglect investigations.
School personnel who assist DHHS in making a child available for an interview are regarded as participating in a child protection investigation or proceeding for the purpose of immunity from liability.
VII. CONFIDENTIALITY OF INFORMATION AND RECORDS
All records, reports and information concerning alleged cases of child abuse and neglect shall be kept confidential to the extent required by MSAD #11 Board policies and applicable law.
The building principal/designee is permitted to release a child’s school records without prior consent of the parent/guardian to DHHS or law enforcement officials as necessary to protect the health or safety of the child or other individuals under federal law.
VII. GOOD FAITH IMMUNITY FROM LIABILITY
Any person who in good faith reports or participates in the investigation or proceedings of a child protection investigation is immune from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false.
Legal Reference: 22 MRSA § 4011-A, 4021
20 USC § 1232g, Family Educational Rights and Privacy Act
Cross Reference: ACCA-Harassment and Sexual Harassment of Students
JLF-E-Suspected Child Abuse/Neglect Report Form
JRA-Student Records
Adopted: December 6, 2007
Revised: April 3, 2008
File: JLIB
STUDENT DISMISSAL PRECAUTIONS
The MSAD #11 School Board seeks to safeguard students by requiring procedures for excusing students from attendance at school. The building principal is directed to develop and implement administrative procedures for dismissing students, subject to the approval of the Superintendent.
Students will be released only to parents, legal guardians, and other persons specifically authorized in writing by parents/legal guardians to pick up the student. If the building principal/designee has reason to question the authenticity of any written or verbal communication regarding the release of a student, the parents/guardians shall be contacted for confirmation. The building principal/designee has the authority to deny the release of students to unauthorized or unknown persons. Students who drive to school must present a note from a parent/guardian authorizing them to leave school at any time during the school day and must sign out at the school office. Students over 18 must provide a written reason for leaving school and must sign out at the school office.
A custodial parent/guardian who wishes the school to comply with provisions of a court order to restrict access to a child is responsible for providing a certified copy of such order to the school.
In addition, administrative procedures concerning student dismissal shall incorporate the following components:
A. A procedure for dismissing students in the event of an emergency during the school day;
B. A procedure for dismissing students for illness and other reasons prior to the end of the school day; and
C. A procedure for confirming the identity of parents/guardians and others authorized to pick up students prior to releasing students.
Cross Reference: EBCA – Crisis Response Plan
JEA – Compulsory Attendance Ages
KI – Visitors to the Schools
Adopted: January 8, 2009
File: JO
EMPLOYMENT OF STUDENTS
The MSAD #11 Board believes there is a need for balance between work and school to enhance the development of young people. The MSAD #11 Board directs school staff to work closely with parents, businesses and employers to students toward that end.
The MSAD #11 Board recognizes that Maine statutes restrict the work hours for students enrolled in school who are under age 16, and, to a lesser extent, for students who are 16 and 17. The law authorizes the Superintendent/designee to issue work permits to minors under 16 under certain conditions, including that he/she be enrolled in school, not habitually truant, not under suspension, and currently passing a majority of courses. Permits may be revoked by the Superintendent if these conditions are not maintained.
Legal Reference: 26 MRSA §§ 664, 702, 704, 771, 773-775
Adopted: November 1997
Revised: January 8, 2009
File: JRA-E
RSU #11
150 Highland Ave.
Gardiner, ME 04345
ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS
The Family Educational Rights and Privacy Act (“FERPA”) provides certain rights to parents and eligible students (18 years of age or older) with respect to the student’s education records.
A. Inspection of Records
Parents/eligible students may inspect and review the student’s education records within 45 days of making a request. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents/eligible students may obtain copies of education records at a cost of $.25 per page.
B. Amendment of Records
Parents/eligible students may ask RSU #11 to amend education records they believe are inaccurate, misleading or in violation of the student’s right to privacy. Such requests must be submitted to the Superintendent of building administrator in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Superintendent of building administrator decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.
C. Disclosure of Records
RSU #11 must obtain a parent/eligible student’s written consent prior to disclosure of personally identifiable information in education records except in circumstances permitted by law or regulations as summarized below.
1. Directory Information
RSU #11 designates the following student information as directory information that may be made public at its discretion: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in RSU #11, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet). Parents/eligible students who do not want RSU #11 to disclose directory information must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in effect unless and until it is rescinded.
2. Military Recruiters/Institutions of Higher Education
Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and RSU #11 must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent. Parents/eligible students who do not want RSU #11 to disclose this information without their prior written consent must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.
3. School Officials with Legitimate Educational Interests
Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by RSU #11 as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); members of the RSU #11Board of Education; persons or companies with whom RSU #11 has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and volunteers who are under the direct control of RSU #11 with regard to education records.
4. Health or Safety Emergencies
In accordance with federal regulations, RSU #11 may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.
5. Other School Units
As required by Maine law, RSU #11 sends student education records to a school unit to which a student applies to transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained).
6. Other Entities/Individuals
Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.
D. Complaints Regarding School Department Compliance with FERPA
Parents/eligible students who believe RSU #11 has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Adopted: December 3, 2009
File: JRA-R
STUDENT EDUCATION RECORDS AND INFORMATION-ADMINISTRATIVE PROCEDURE
This administrative procedure is intended to assist administrators and school staff in complying with the requirements of federal and state statutes and regulations concerning student education records and information, including special education requirements.
A. Definitions
The following definitions apply to terms used in this procedure.
1. “Act” means the federal Family Educational Rights and Privacy Act (20 U.S.C.
§1232g).
2. “Directory information” means the following information contained in an education
record of a student: name, participation and grade level of students in officially
recognized activities and sports, height and weight of student athletes, dates of
attendance in the school unit, honors and awards received, and photographs and
videos relating to student participation in school activities open to the public (except
phonographs and videos on the Internet).
3. “Eligible student” means a student who has attained 18 years of age who has not
been judged by a court of competent jurisdiction to be so severely impaired that the
student is unable to make decisions or exercise judgment on his/her own behalf.
4. When a student attains the age of 18, all rights accorded to parents concerning education
records transfer to the eligible student, except that RSU #11 may continue to disclose
education records to a parent without prior written consent if the student qualifies as a
dependent under the Internal Revenue Code.
5. “Parent” means parent, regardless of divorce or separation, a legal guardian, or individual
acting as a parent or guardian provided that there shall be a presumption that a parent
has the authority to exercise the rights inherent in the Act, unless there is evidence of a
state law or court order governing such matters as divorce, separation or custody or a
legally binding instrument that specifically revokes such rights.
6. “Education record” means information or data that directly relates to a student and is
maintained by the school unit in any medium, including but not limited to
handwriting, print, e-mail or other computer media, video or audio tape, microfilm and
microfiche. Records of instructional , supervisory and administrative personnel and
personnel who support these individuals, which are in the sole possession of the maker
thereof and which are not accessible or revealed to any other person except a temporary
substitute for the person who made the record are excluded from this definition, as are
grades on peer-graded papers before they are collected and recorded by a teacher.
7. “Student” includes any individual with respect to whom RSU #11 maintains education
records.
B. Annual Notification of Rights
Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. RSU #11 may provide notice through any of the following means:
1. Mailing to students’ home;
2. Distribution to students to take home;
3. Publication in student handbooks;
4. Publication in newsletters or other materials distributed to each parent/
eligible student.
C. Access to Policy and Administrative Procedure
RSU #11’s policy on Student Education Records and Information shall be posted in each school. In addition, school administrators shall provide copies of this administrative procedure to parents/eligible students upon request or when a request to inspect or amend records is made.
D. Inspection and Review of Education Records
Parent/eligible students may review and inspect their educational records by the following procedure:
1. The parent/eligible student must make a written request to the Superintendent or
building administrator to review the records.
2. The Superintendent or building administrator will comply with the request without
unnecessary delay and in a reasonable period of time, but in no case more than 45
days after it received the request, and will comply before any IEP Team meeting
regarding an Individualized Education Program or any due process hearing relating
to the identification, evaluation or placement of the student.
3. The Superintendent or building administrator may deny a request for access to or
copies of the student’s education records if there is reasonable doubt as to the legality
of the parent-child relationship. Access will be withheld until a determination of legal
right to access can be established.
4. All records shall be reviewed in the presence of a school official.
Parents/eligible students may also request to review the following:
1. RSU #11’s list of types and locations of education records and titles of officials
responsible for the records.
2. RSU #11’s records of disclosures of personally identifiable information
(see Section F).
E. Requests to Amend Education Records
Parents/eligible students may ask RSU #11 to amend education records they believe are inaccurate, misleading or in violation of the student’s privacy rights as follows:
1. The parent/eligible student must make a written request to the Superintendent or building
administrator to amend the education record. The request must clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
2. The Superintendent or building administrator shall, within a reasonable period of
time after receipt of the request, either amend the record in accordance with the request
or inform the parent/eligible student of RSU #11’s refusal to amend the
record and inform the parent/eligible student of their right to request a hearing.
3. If the parent/eligible student requests a hearing, it shall be held within a reasonable
period of time from RSU #11’s receipt of the written request. The parent/eligible student shall be given advance notice of the date, place and time of the hearing. The Superintendent shall designate an individual to conduct the hearing. This individual may be an employee of RSU #11 so long as he/she does not have a direct interest in the outcome of the hearing. The parent/eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney.
4. RSU #11 shall make its decision in writing within a reasonable period of time. The
decision of the school shall include a summary of the evidence and the reasons for the
decision.
5. If, as a result of the hearing, RSU #11 decides that the information is inaccurate,
misleading or otherwise in violation of the privacy rights of the student, it shall
amend the education records of the student accordingly and so inform the parent/
eligible student in writing.
6. If, as a result of the hearing, RSU #11 decides that the information is not inaccurate,
misleading or otherwise in violation of the privacy rights of the student, it shall inform
the parent/eligible student of their right to include a statement in the student’s education
record about the contested information and/or setting forth any reasons for disagreeing
with the decision of RSU #11.
7. Any statement placed in the student’s education record under the preceding paragraph
shall be maintained as long as the record or contested portion is maintained by
RSU #11. If the education records of the student or the contested portion is disclosed
by RSU #11 to any party, the explanation shall also be disclosed.
F. Disclosure of Education Records
All disclosures of education records will be made in compliance with federal and state statutes and regulations. RSU #11 will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent/eligible student unless such disclosure is otherwise allowed by federal and/or state statutes or regulations. The written consent shall include a specification of the records which may be disclosed, the purpose(s) of the disclosure(s), and the identity of the party or parties to whom the disclosure(s) may be made.
There are several exceptions to the requirement to obtain prior written consent before disclosing education records as follows:
1. Directory Information. RSU #11 may make directory information (as
described in Section A) public at its discretion unless a parent/eligible student
has notified the Superintendent in writing by September 15th or within thirty (30)
days of enrollment, whichever is later.
RSU #11 may disclose directory information about former students without the consent of the parent/eligible student.
2. Military Recruiters/Institutions of Higher Education. Military recruiters and
institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and RSU #11 must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent. Parents/eligible students who do not want RSU #11 to disclose this information must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.
3. School Officials with Legitimate Educational Interests. Education records may
be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by RSU #11 as an administrator, supervisor, instructor or support staff member (including health or medical staff and the school unit’s designated law enforcement unit personnel, if any); members of RSU #11 School Board; persons or companies with whom RSU #11 has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and volunteers who are under the direct control of RSU #11 with regard to education records.
4. Other School Units. Under Maine law (20-A MRSA § 6001-B), RSU #11 is required to send a student’s education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records. Consent is not required for the transfer of these records, except for confidential health records.
5. At the request of the Superintendent of the school unit where a student seeks admission, the student’s current or former school administrators shall provide, in a timely fashion, an oral or written report to the Superintendent indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding.
6. Health or Safety Emergency. In accordance with federal regulations, RSU #11
may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.
7. Other Entities/Individuals. Education records may be disclosed to other
governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.
8. Information on the Internet. Under Maine law (20-A MRSA § 6001), RSU #11
shall not publish on the Internet any information that identifies a student, including but not limited to the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names, without written parental consent.
G. Request/Disclosure Record
1. RSU #11 will maintain a record of requests and disclosures of personally
identifiable information from the education records of a student.
2. Such records do not include disclosures to the parents/eligible student;
disclosures made pursuant to written consent of the parents/eligible student; disclosures to school officials; disclosures of directory information; records released pursuant to a subpoena that specifies that the request/disclosure remain confidential; or disclosures to the person who provided or created the record.
3. The record will include the party requesting the information and the “legitimate
interest” the party has in the information. In the case of state and local educational authorities, and federal officials and agencies identified in the FERPA regulations, the record must specify that the records may be subject to further disclosure by these authorities, officials and agencies without consent.
4. When disclosures are made under the exception for health or safety emergencies,
the record must include the “articulable and significant threat to the health or safety of a student or other individuals that formed the basis of the disclosure” and the parties to whom the information was disclosed.
H. Waiver of Confidentiality Rights
A parent/eligible student may waive any of his/her rights regarding confidentiality of education records, but any such waiver must be in writing and signed by the parent/eligible student. The school may not require that a parent/eligible student waive his or her rights. Any waiver may be revoked, but such revocation shall not apply to any actions taken the RSU #11 prior to the revocation being received. If a parent executes a waiver, that waiver may be revoked by the student any time after he/she becomes an eligible student.
I. Fees for Copying Records
There shall be no charge to search for or retrieve education records of a student. RSU #11 shall provide copies of education records to parents/eligible students upon request. The cost of producing copies of the record to parents/eligible student will be twenty-five cents ($.25 per page copied, plus postage). Parent/eligible students who are unable to pay such fees will not be denied access to education records. This fee, however, will not prohibit a parent/eligible student the opportunity to access records if they are unable to pay for copies.
J. Maintenance and Destruction of Education Records
RSU #11 shall maintain education records as required by federal and state statutes and regulations.
1. Records shall be maintained in paper and/or electronic form by personnel who are
knowledgeable about the applicable confidentiality and record retention requirements.
All records shall be safeguarded from unauthorized access. Student records must be
kept in fireproof storage at the school or a duplicate set must be kept off-site.
2. RSU #11 shall not destroy any education record if there is any outstanding request
to inspect or review such records.
3. Records of access to education records shall be retained as long as the records
themselves.
4. RSU #11 shall inform parents of students with disabilities when education records
are no longer needed to provide educational services to the student or to demonstrate that the school has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parents/eligible student upon their request, or destroyed in accordance with the parent’s request or RSU #11 procedures.
K. Complaints
The United States Department of Education maintains an office that handles complaints about alleged violations of FERPA by local school units. Complaints regarding violations of rights accorded parents/eligible students may be submitted in writing to:
Family Policy Compliance Office
Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202
Page 7 of 8
File: JRA-R
Legal Reference: 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (as amended)
20 U.S. C. § 7908
20-A M.R.S.A. § 6001, 6001-B
Maine Department of Education Rules, Chapters 101 and 125
Maine State Archives, Rules for Disposition of Local Governmental Records
Adopted: January 8, 2009
Revised: December 3, 2009
File: JRA
STUDENT EDUCATION RECORDS AND INFORMATION
RSU #11 shall comply with the Family Educational Rights and Privacy Act (“FERPA”) and all other federal and state laws and regulations concerning confidentiality and maintenance of student records and information.
A. Directory Information
The RSU #11 School Department designates the following student information as
directory information: name, participation and grade level of students in
recognized activities and sports, height and weight of student athletes, dates of
attendance in the school unit, honors and awards received, and photographs and videos of student participation in school activities open to the public (except photographs and videos on the Internet). The RSU #11 School Department may disclose directory information if it has provided notice to parents (and eligible students over 18) and has not received timely written notice refusing permission to designate such information as directory information.
B. Military Recruiters/Higher Education Access to Information
Under federal law, military recruiters and institutions of higher education are entitled to receive the names, addresses, and telephone numbers of secondary students and RSU #11 School Department must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent.
C. Health or Safety Emergencies
In accordance with federal regulations, the RSU #11 School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.
D. Information on the Internet
Under Maine law, RSU #11 shall not publish on the Internet any information that identifies a student, including but not limited to the student’s full name, photograph, personal biography, email address, home address, date of birth, social security number, and parents’ names, without written parental consent.
E. Transfer of Student Records
As required by Maine law, the RSU #11 School Department sends student education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained).
F. Designation of Law Enforcement Unit
The RSU #11 Board hereby designates the Gardiner Police Department, Kennebec County Sheriff’s Department and the Maine State Police as the RSU #11 School Department’s law enforcement units.
G. Administrative Procedures and Notices
The Superintendent is responsible for developing and implementing any administrative procedures and parent notices necessary to comply with the applicable laws and regulations concerning student education records and information. Notices shall be distributed annually to parents and eligible students concerning their rights under these laws and regulations. A copy of this policy shall be posted in each school.
Legal Reference: 20 USC § 1232g; 34 CFR Part 99 as amended
10 U.S. C. § 7908
20-A MRSA §§ 6001, 6001-B
Maine Department of Education Rules, Chapters 101 and 125
Cross Reference: JRA-E – Annual Notice of Student Education Records and
Information Rights
JRA-R – Student Education Records and Information Administrative
Procedure
ILD-Student Surveys and Marketing Information
Adopted: April 2, 1987
Revised: 5/02/91; 11/03/94; 11/07/96; 11/04/04; 1/8/09; 12/3/09
Choose a policy from the list below.
File: KA
SCHOOL-COMMUNITY-HOME RELATIONS GOALS/
PRIORITY OBJECTIVES
The MSAD #11 School Board acknowledges that it is charged with the governance of the public schools which belong to the people who created them by taxation and consent. The MSAD #11 School Board recognizes that intelligent, informed support of the schools is dependent upon knowledge, understanding and participation in the efforts, goals and programs of the schools. It is also aware of its responsibility to provide the public with information and opportunities leading to participation of the public directly or indirectly in the establishment of programs and policies which are in the public interest.
Therefore, the MSAD #11 School Board and the schools will strive to:
A. Recognize and encourage the realization and/or strengthening of the fact that schools belong to the community and cannot be separated from it;
B. Create and maintain an atmosphere of mutual understanding and respect for children and adults studying, residing or employed within the school system;
C. Create and maintain an atmosphere of welcome public involvement in school affairs;
D. Ensure that the publics within the school system have full access to information concerning programs and policies which concern them; and
E. Determine the public’s reaction to the policies and programs conducted by the schools.
Achieving these objectives requires that the MSAD #11 School Board and staff, individually and collectively: express positive attitudes toward the schools in their daily contacts with parents, people of the community and one another; make systematic, honest and continuing efforts to discover what the public thinks and what citizens want to know and to interpret school programs, problems and accomplishments; develop an active partnership with the community in working toward improvement of the educational program; and take an active interest in the needs of the total community to find ways to assure that the schools are a vital and positive experience for all students and other citizens of the community.
Adopted: Prior to 1985
Revised: September 4, 1986; November 3, 1994; June 7, 2007
File: KBF-E1
M.S.A D. #11 DISTRICT LEVEL TITLE I PARENT INVOLVEMENT POLICY
This MSAD #11 policy has been developed in cooperation with the parents/guardians of students participating in the school district’s Title I programs. It provides an understanding of the shared responsibility of the school system and parents/guardians in improving students’ academic achievement and school performance. The Superintendent/designee will be responsible for distributing this policy to parents/guardians of students participating in the school district’s Title I programs.
Because parent involvement is so important to a student’s success in school, the MSAD #11 School Board encourages regular participation by parents/guardians in all aspects of the school district’s Title I programs.
M.S.A D. #11 provides opportunities for parent/guardian involvement that are aligned with the requirements of Title I programs set forth in law as follows.
A. The school district involves parents/guardians in the joint development of the school system’s plan to help disadvantaged students meet challenging achievement and academic standards and in the process of school review and improvement by:
1. Establishing a district-level Parent Advisory Committee with parent/guardian representatives from each building;
2. Establishing effective and ongoing two-way communications between the school district, staff, and parents/guardians;
3. Developing a district-wide newsletter to communicate with parents/ guardians about the school district’s Title I plan and to seek their input and participation; and
4. Training staff to work more effectively with families with diverse cultural backgrounds and/or barriers such as illiteracy or limited English proficiency.
B. The school district provides the coordination, technical assistance, and other support necessary to assist participating schools in planning and implementing effective parent/guardian involvement activities to improve student academic achievement and school performance by:
1. Providing information to parents/guardians about the system and various instruments that will be developed or used to monitor student progress;
2. Providing district-level workshops to assist individual schools in planning and implementing improvement activities;
3. Holding training sessions for Parent Advisory Committee members so that there may be more effective liaisons between parents and schools; and
4. Seeking input from parents/guardians in developing workshops that will help them become more effective partners with the schools in encouraging academic achievement.
C. The school district builds the capacity of schools and parents/guardians for strong parental involvement by:
1. Developing and disseminating a master calendar of district-wide meetings to discuss Title I issues, including evaluation of and suggestions for the district-level Title I policy;
2. Engaging school Parent-Teacher Organizations (PTOs) to seek out and involve parents/guardians through their communications and informational meetings;
3. Promoting cooperation between the school district and other agencies or school/community groups to furnish learning opportunities, increase awareness of support services, and disseminate information regarding parenting skills and child/adolescent development; and
4. Provide ongoing communication about opportunities to serve on the Parental Advisory Committee, volunteer in the schools, and learn how to work more effectively with their children to extend and reinforce learning and foster achievement.
D. The school district coordinates and integrates parent/guardian involvement strategies for Title I programs with those of other programs (such as Head Start, Reading First, Early Reading First, Even Start, Parents as Teachers,
File: KBF-E1
Home Instruction Program for Preschool Youngsters, and State-run preschool programs) by:
1. Involving school system and building representatives from other programs to assist in identifying specific population needs; and
2. Sharing data between programs to assist in developing new initiatives to improve student academic achievement and school improvement.
E. The school district conducts, with the involvement of parents/guardians, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under Title I, including identifying barriers to greater participation by parents/guardians in activities authorized by this section (with particular attention to parents/guardians who are economically disadvantaged, disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background), using the findings of such evaluation to design strategies for more effective parent/guardian involvement, and revising, if necessary, the parent/guardian involvement policies described in this section by:
1. Evaluating the content and effectiveness of the parent/guardian involvement policy through a variety of means such as surveys, workshops, focus groups, and informal meetings involving district and school administrators, teachers, and parents/guardians;
2. Identifying and overcoming barriers to effective evaluation and input, e.g., language support for parents/guardians who do not speak English or have limited English proficiency, scheduling multiple meetings at various times of day or night, meeting in places accessible by public transportation, or providing a means of transportation; and
3. Identifying potential policy changes and program improvements.
F. The school district involves parents/guardians in the activities of the schools served under Title I by:
1. Keeping parents/guardians informed of the objectives of the school district’s Title I programs;
2. Providing communication and calendar information to alert parents/guardians of meetings or events and encouraging their participation;
3. Providing central coordination for district, school, and PTO meetings and other events to create a master calendar to facilitate parent/guardian participation; and
4. Promoting opportunities for parents as volunteers in the classroom and in school programs.
Legal Reference: 20 U.S.C. § 6318
Adopted: June 7, 2007
File: KBF-E2
M.S.A D. #11 ELEMENTARY SCHOOL TITLE I PARENT INVOLVEMENT POLICY
This MSAD #11 elementary school policy has been developed in consultation with the parents/guardians of students participating in Title I programs at M.S.A D. #11.
It includes a “School-Parent Compact” that outlines the manner in which parents, school staff, and students will share the responsibility for improved student academic achievement. The building principal/designee will be responsible for distributing this policy to parents/guardians of students participating in the school’s Title I programs.
I. PARENT INVOLVEMENT MEETINGS
The school shall convene an annual meeting at a convenient time to which all parents/guardians of participating children shall be invited and encouraged to attend to inform them of the school’s participation under Title I, explain the right of parents to be involved, and to encourage their involvement in the planning, review, and improvement of the school’s Title I programs and parent involvement policy.
The school will offer at least two other meetings during the school year, held at various times in the morning or evening for parents/guardians of students participating in Title I programs.
The building principal/designee will:
A. Invite parents/guardians of participating children to the annual meeting and to other meetings held during the school year;
B. Introduce the representatives on the Parent Advisory Committee;
C. Provide an overview of Title I and the programs the school provides under Title I;
D. Explain the rights of parents/guardians to be involved in developing and reviewing the school’s parent involvement policy, including the School-Parent Compact;
E. Provide a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency levels students are expected to meet;
F. Give parents/guardians an opportunity to ask questions and engage in informal discussion about student achievement and school performance;
G. Respond to requests from parents for opportunities for regular meetings to formulate suggestions and to participate (as appropriate) in decisions relating to the education of their children;
H. Invite parents/guardians to serve on the Parent Advisory Committee and/or other school or district-level Title I committees;
I. Invite parents/guardians to participate in the planning, review, and improvement of programs under Title I and the school-parent involvement policy and establish a schedule for this activity;
J. With the input of parents/guardians, establish a process by which an adequate representation of parents/guardians can be assured;
K. Describe the process by which parents/guardians may express concerns and complaints if they are dissatisfied with the Title I program;
L. Engage school-based parent organizations in outreach to parents/guardians of students participating in Title I; and
M. Arrange for child care so that parents/guardians who would otherwise be unable to attend may do so.
II. SCHOOL-PARENT COMPACT
This School-Parent Compact describes how parents, school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will develop a partnership to help children achieve the State’s academic achievement standards.
A. The school is responsible for providing a high-quality curriculum and instruction in a supportive and effective learning environment that enables students served under Title I to meet the State’s academic achievement standards.
B. Parents/guardians will be responsible for supporting their children’s learning by:
1. Monitoring their children’s attendance;
2. Providing assistance and encouraging their children to complete homework assignments;
3. Encouraging their children to ask for help from teachers or classroom aides (ed techs, volunteers) when needed;
4. Talking with their children about the school day;
5. Reading to or with their children;
6. Monitoring and limiting their children’s television watching;
7. Volunteering in the classroom and for school-related activities such as field trips;
8. Participating, as appropriate, in decisions related to the education of their children; and
9. Enrolling their children in extracurricular and age-appropriate, community-based, after-school activities.
C. The school will address the importance of communication between parents and teachers on an ongoing basis by:
1. Scheduling one or more parent-teacher meetings annually for parents/guardians of elementary school level students during which the Compact shall be discussed as it relates to the individual child’s achievement;
2. Providing frequent reports to parents/guardians on their children’s progress;
3. Providing parents/guardians with reasonable access to staff to discuss issues related to their children’s learning;
4. Giving parents the opportunity to observe classroom activities;
5. Welcoming parents as volunteers in the classroom; and
6. Providing adequate supervision and feedback for parents/guardians who volunteer.
Legal Reference: 20 U.S.C. § 6318
Adopted: June 7, 2007
File: KBF
PARENT INVOLVEMENT IN TITLE I
The MSAD #11 School Board endorses the parent involvement goals of Title I and encourages the regular participation by parents/guardians in all aspects of the school system’s Title I programs.
For the purpose of this policy, “parents/guardians” includes other family members involved in supervising the child’s schooling.
I. DISTRICT-LEVEL PARENT INVOLVEMENT POLICY
In compliance with federal law, the school district will develop jointly with, agree on with, and distribute to parents of children participating in the school system’s Title I programs a written district-level parent involvement policy.
Annually, parents/guardians will have opportunities to participate in the evaluation of the content and effectiveness of the school district’s parent involvement policy and in using the findings of the evaluation to design strategies for more effective parent involvement and to make revisions to the policy.
II. SCHOOL-PARENT INVOLVEMENT POLICY
As required by law, each school in the school district that receives Title I funds shall jointly develop with parents/guardians of children served in the program a school parent/guardian involvement policy, including “School-Parent Compact” outlining the manner in which parents, school staff, and students will share the responsibility for improved student academic achievement in meeting State standards. The school policy will be distributed to parents/guardians of children participating in the school’s Title I programs.
The “School-Parent Compact” shall:
A. Describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment enabling children in the Title I program to meet the State’s academic achievement standards;
B. Indicate the ways in which parents will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion,
monitoring television watching, volunteering in the classroom, and participating, as appropriate, in decisions related to their children’s education and positive use of extra-curricular time; and
C. Address the importance of parent-teacher communication on an ongoing basis, with, at a minimum, parent-teacher conferences, frequent reports to parents, and reasonable access to staff.
III. PARENT INVOLVEMENT MEETINGS
Each school receiving Title I funds shall convene an annual meeting to which all parents/guardians of eligible children shall be invited to inform them about the school’s participation in Title I and to involve them in the planning, review, and improvement of the school’s Title I programs and the parent involvement policy.
In addition to the required annual meeting, at least two conference times shall be scheduled at various times of the day and/or evenings for parents/guardians of students participating in Title I programs.
These meetings shall be used to provide parents with:
A. Information about programs the school provides under Title I;
B. A description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency level students are expected to meet;
C. Opportunities to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children; and
D. The opportunity to submit comments to the district level if they are dissatisfied with the school-wide Title I program.
Title I funding, if sufficient, may be used to facilitate parent/guardian attendance at meetings through the payment of transportation and childcare costs.
IV. PARENT RELATIONS
Parents/guardians of children identified for participation in a Title I program shall receive from the building principal and Title I staff an explanation of the reasons
supporting their child’s selection, a set of objectives to be addressed, and a description of the services to be provided. Parents will receive regular reports on their child’s progress and be provided opportunities to meet with the classroom and Title I teachers. Parents will also receive training, materials, and suggestions as to how they can assist in the education of their children at home.
V. DELEGATION OF RESPONSIBILITY
The Superintendent/designee shall be responsible for ensuring that the school district’s Title I plan, programs, and parent involvement policies comply with applicable law and regulations and for developing administrative procedures, as needed, to implement this policy.
Legal References: 20 U.S.C. § 6318
Adopted: January 8, 2004
Revised: June 7, 2007
File: KCB
COMMUNITY INVOLVEMENT IN DECISION MAKING
The MSAD #11 School Board believes that community participation in the schools is essential to maintain mutual confidence and respect and to improve the quality of education for all students.
Community participation is important both at the MSAD #11 School Board and school levels. The MSAD #11 School Board shall seek to involve the community through established policies governing public participation at MSAD #11 School Board meetings, advisory committees and other appropriate means. Building administrators are encouraged to establish methods to involve the community in decision-making processes which are consistent with MSAD #11 School Board policies.
The MSAD #11 School Board is ultimately responsible for the formulation of policies involving the curriculum instruction and the overall school program. The MSAD #11 School Board reserves the right to make the final decision regarding any such policies, while taking into account the views and suggestions from community members and others.
Legal Reference: 20-A MRSA § 1001 et seq.
Cross Reference: BEDH – Public Participation at Board Meetings
Adopted: June 7, 2007
File: KCD
PUBLIC GIFTS/DONATIONS TO THE SCHOOLS
The MSAD #11 School Board may accept, on behalf of the school district, any bequest or gift of money or property for a purpose deemed suitable by the MSAD #11 School Board in accordance with state law. All gifts shall be accepted in the name of the school district and become the property of the school district, but may be designated for use in a particular school or department. The MSAD #11 School Board will officially acknowledge the gifts at a MSAD #11 School Board meeting and thank the donors in writing.
Only items of legitimate use in the school program shall be accepted. The MSAD #11 School Board is under no obligation to replace a gift if it is destroyed, lost, stolen or becomes worn out. Gifts will not be accepted if they involve an excessive cost for maintenance or installation. If installation is required, the gift shall be installed under the supervision of school district personnel. The MSAD #11 School Board will notify in writing prospective donors if their gift cannot be accepted.
The Superintendent shall implement any administrative procedures necessary to carry out this policy.
Legal Reference: 20-A MRSA § 1256)
20-A MRSA § 4005
Adopted: April 2, 1992
Revised: December 1, 1994; June 7, 2007
File: KDA
PUBLIC INFORMATION PROGRAM
Public support for the schools depends upon informed public opinion. MSAD #11 will strive to maintain effective communications with the public in order to convey accurate information about the goals, programs, needs, and accomplishments of the schools and to provide ways for citizens to express their opinions and expectations.
The Superintendent shall be responsible for establishing and maintaining a public communications program that will provide for the dissemination of school district reports and plans, information concerning student achievement, relevant statistics, noteworthy facts, issues affecting education, use of school facilities, news of the schools, school events, and student and staff accomplishments.
The MSAD #11 School Board encourages the Superintendent and school district employees to whom communication responsibilities have been delegated to use a variety of methods for providing information to the public, such as the school system’s website, letters, newsletters, publications, news releases, news media coverage of MSAD #11 School Board meetings and school-related events, meetings, and personal contacts.
All communications with the public shall appropriately respect the confidentiality of students and staff.
The building principal and/or program directors will be responsible for program and other routine school announcements to parents and students. The Superintendent shall be responsible for establishing guidelines for communications with the media and to the public. Such guidelines shall address confidentiality as well as authority to approve and/or release communications, content, and contact with media representatives.
Community opinion may be solicited through parent organizations, parent-teacher conferences, open houses, and other events or activities that bring staff and parents or other community members together. The MSAD #11 School Board and/or Superintendent may develop and disseminate surveys and questionnaires to obtain information and to allow parents and citizens served by the school district to express their opinions.
Legal Reference: 20 USC §§ 6311, 6314-6316, 6319
Ch. 125 § 4.04 (Me. Dept. of Ed. Rule)
Cross Reference: AEC – Accomplishment Reporting to the Public
JRA – Student Educational Records
KDD – Media Relations
Adopted: June 7, 2007
File: KDB
PUBLIC’S RIGHT TO KNOW/FREEDOM OF ACCESS
The Board recognizes the importance of a well-informed public to the operations of the school unit. The Board will comply with all applicable sections of Maine’s Freedom of Access Act.
The Board designates the Superintendent, and to act in the absence of the Superintendent, the Assistant Superintendent as the Public Access Officer for MSAD #11.
Except as otherwise provided by statute, all Board proceedings shall be open to the public, any person shall be permitted to attend, and any records or minutes of such proceedings that are required by law shall be made promptly and shall be open to public inspection.
Board agendas and minutes, proposed and approved Board policies, annual budget reports, student handbooks and Board member Freedom of Access training documentation/certificates shall be available for immediate inspection and/or copying in the Superintendent’s Office. Requests for all other public records shall be made, preferably in writing, to the Superintendent, specifying the records desired for inspection/copying. The Superintendent/designee may request clarification concerning which public record or records are being requested.
The Superintendent/designee shall acknowledge receipt of a request for inspection and/or copying of public records within a reasonable period of time.
If the request is denied, the Superintendent/designee shall inform the requestor in writing within five working days of the request and shall state the reason for denial. Otherwise, inspection and/or copying may be scheduled to occur within a reasonable period of time following the request at a time that will not delay or inconvenience the regular activities of the school unit.
The school unit is not required to create a record that does not exist.
ELECTRONICALLY STORED PUBLIC RECORDS
In compliance with the Freedom of Access Act, the school unit will provide access to an electronically stored public record as a printed document or in the medium in which the record is stored, at the requester’s option, except that the school unit is not required to provide access to an electronically stored public record as a computer file if the school unit does not have the ability to separate or prevent the disclosure of confidential information contained in or associated with that file. The school unit is not required to provide access to a computer terminal.
FEES
Except as otherwise provided by law or court order, MSAD #11 may charge fees as follows:
A. A fee of .10¢ per page to cover the cost of copying.
B. A fee of $15.00 per hour after the first hour of staff time per request to cover the actual cost of searching for, retrieving, and compiling the requested public record. Compiling the public record includes reviewing and redacting confidential information.
C. If conversion of a public record into a form susceptible of visual or aural comprehension or into a usable format is necessary, a fee to cover the actual cost of conversion.
D. A charge for the actual mailing costs to mail a copy of the record.
E. No fee shall be charged for inspection of public records, unless the record cannot be inspected without being compiled or converted, in which case paragraph B or C applies.
As required by law, the school unit will provide the person making the request an estimate of the time necessary to complete the request and of the total cost and, if the estimated total cost exceeds $30.00, will inform the requestor before proceeding. If the estimated total cost is greater than $100.00 or if the requestor has previously failed to pay a fee assessed for access to MSAD #11 records, the requestor may be required to pay all or a portion of the estimated cost prior to the search, retrieval, compiling, conversion and copying of the public record.
The Superintendent is directed to develop and implement such administrative procedures as may be necessary to carry out this policy.
Legal Reference: 1 M.R.S.A. § 401 et seq.
Cross Reference: BEC – Executive Sessions
GBJ – Personnel Records and Files
JRA – Student Educational Records
Adopted: November 6, 2008
Revised: November 1, 2012
File: KDD
MEDIA RELATIONS
Because the school system is a public institution endeavoring to serve the educational needs of the community, it is important that information be disseminated concerning activities and problems in our schools. In order that this publicity be given wide coverage and be coordinated into a common effort and purpose, the following procedures shall be followed in giving official information to the news media:
A. The MSAD #11 School Board Chair shall be the official spokesperson for the MSAD #11 School Board, except as this duty is delegated to the Superintendent.
B. News releases which are of a system-wide nature or pertain to established policy are the responsibility of the Superintendent or a member of the administrative staff whom he/she may designate.
C. News releases which are of concern to only one school, or to an organization of one school, are the responsibility of the Principal of that particular school. All statements made to the press by other staff members of the particular school must be cleared with the Principal.
While it is impossible to predict how news releases will be treated by the press, every possible effort should be made to obtain coverage of school activities which will create and maintain a dignified and professionally responsible image for the school system.
Adopted: Prior to 1985
Revised: September 4, 1986; November 3, 1994; June 7, 2007
File: KE
PUBLIC CONCERNS AND COMPLAINTS
Parents, students, or other citizens with complaints or concerns regarding any aspect of M.S.A D. #11 or an employee thereof shall be encouraged to seek a resolution at the lowest possible level. The only exceptions are complaints that concern MSAD #11 School Board actions or operations. Such complaints should be addressed to the MSAD #11 School Board Chair.
If the complaint cannot be resolved at the lowest level, the person initiating the complaint may appeal the decision to the next level (i.e., Supervisor of Buildings, Grounds & Transportation, Principal, Special Education Director.
If the complaint cannot be resolved at any lower level, it may be appealed to the Superintendent. If the complaint remains unresolved at the Superintendent’s level, the person making the complaint may request that the matter be placed on the agenda of the next regular MSAD #11 School Board meeting. The Superintendent/MSAD #11 School Board Chair shall determine whether the complaint should be placed on the agenda.
At all levels of the complaint process, school employees are required to inform the person making the complaint of his/her right to appeal the decision to the next level.
This policy shall not be utilized by employees for matters or grievances relating to any term or condition of their employment. Such matters shall be addressed through established channels for grievances.
Cross Reference: BEDB – Agenda Preparation and Dissemination
Adopted: January 5, 1995
Revised: June 7, 2007
Code: KF
COMMUNITY USE OF SCHOOL FACILITIES AND GROUNDS
The MSAD 11 School Board recognizes that the primary purpose for use of its facilities is to deliver its education programs. The School Board also recognizes the capital investment the community has made in its school buildings and facilities. The School Board believes that such facilities should be available for use by the MSAD 11 community as provided herein for short-term social, community, service and recreational purposes when such uses will not interfere with school programs or activities. For the purpose of this policy, references made to school facilities and grounds include all buildings, auditoriums, gymnasiums, playing fields, walkways and parking lots.
MSAD 11 retains the right at all times to make individual decisions regarding the use of school facilities and may revoke permission for use of its facilities at any time without prior notice or liability.
The Superintendent shall be responsible for the overall implementation of this policy and for developing any necessary administrative procedures concerning facility use. Each building administrator is responsible for administering this policy on a day-to-day basis and shall report to the Superintendent.
PRIORITY USE OF FACILITIES
The use of school facilities for school educational activities and authorized extracurricular activities shall, at all times, take precedence over any community use of said facilities. The building administrator is authorized to approve and schedule the use of school facilities by non-school organizations in accordance with this policy and related procedures. At all times, use of school facilities as needed by any of the District’s municipalities for the purpose of voting in municipal elections or an emergency shelter shall take precedence. The School Board shall define facilities use categories and priorities as defined therein:
PRIORITY I. SCHOOL
A. School Activity
The individual leading the activity/program is under the direct supervision of the MSAD 11 School District and has been given a supervisory responsibility in the program.
B. MSAD 11 Adult Education
Groups organized and sanctioned by the MSAD 11 Adult Education Program.
PRIORITY II. SCHOOL BENEFACTORS
Groups that are intended to directly support school activities through donation of time and/or services. Examples include, but are not limited to, Parent /Teacher Organizations and Booster groups.
PRIORITY III. MUNICIPAL/RECREATION
Groups organized and controlled by the MSAD 11 municipal governments.
PRIORITY IV. MSAD 11 NON-PROFIT YOUTH ORGANIZATIONS
A. 501 (C) Status
Non-school activities/groups composed primarily (at least 80 %) of MSAD 11 school-aged youth. Examples include, but are not limited to, Girl/Boy Scouts and Little League.
B. 501 (C) Status Exemption
Not for profit youth organizations existing exclusively for the benefit of MSAD #11 students. Examples include, but are not limited to, Youth Football, Youth Basketball, Gold Ball, etc. These organizations will be waived from providing a 501 (C) providing they remain not for profit.
PRIORITY V. MSAD 11 NON-PROFIT ADULT ORGANIZATIONS
MSAD 11 based adult groups and organizations. Examples include, but are not limited to, church groups, fraternal groups and political organizations.
PRIORITY VI. MSAD 11 FOR-PROFIT ORGANIZATIONS
MSAD 11 based youth or adult organizations composed primarily (at least
80%) of MSAD 11 residents in which the intended activity may involve an admission charge, donation, sales made or any other direct income.
PRIORITY VII. NON-RESIDENT ORGANIZATIONS
A. Non-Profit Youth or Adult Organizations
Non-school activities/groups composed (of less than 80%) MSAD 11 residents.
B. For-Profit Youth or Adult Organizations
Community groups, organizations and businesses composed of less than 80% MSAD 11 residents in which the intended activity may involve an admission charge, donation, sales made or any other direct income.
The building administrator and business manager will have sole discretion to determine which priority category organizations/individuals wishing to use the MSAD 11 facilities falls under.
It is not the intention of the MSAD 11 School Board to make its facilities available to commercial/business enterprises or for private functions such as weddings, parties, or similar events; nor is it the MSAD 11 School Board’s intent to make its facilities available to individuals or groups outside the MSAD 11 community.
Conditions of Use
o Applicants must complete a written Facilities Use Form at least two (2) weeks in advance requesting to use school facilities. The Facilities Use Form includes a release and indemnity provision and an agreement that the applicant will comply with all MSAD 11 policies and rules.
o No community application for use of school facilities, other than auditoriums, shall be approved more than six (6) months in advance of the intended use. Applications for use of school auditoriums may be approved up to twelve (12) months in advance.
o The School Board shall approve a schedule of fees for use of school facilities utilizing actual cost as data in the determination of and are subject to change without notice.
o If the building administrator deems necessary for school personnel to be present at the event, school personnel shall be paid at the expense of the user.
o The hours during which school facilities are used will, to the extent possible, coincide with the hours during which custodians are regularly scheduled. At the discretion of the building administrator and business manager, lessees may be required to pay for custodial services if the event requires custodial support over and above the normal custodial schedules and duties.
o School facilities or equipment used by the applicant will be examined before and after use. It is the responsibility of the persons or organizations using school facilities to leave them in the same condition in which they were obtained. If this is not done to the satisfaction of the building administrator, a charge may be levied for any required clean-up costs, in excess of any fees otherwise applicable.
o In addition to rental fees, lessee shall be required be pay a refundable security fee based on the number of anticipated attendees. The security fee shall be refunded in its entirety provided the facilities are left in the same condition in which they were obtained. It is the sole discretion of the building administrator to make this determination.
o All organizations/individuals charged a rental fee are required to pay a 50% deposit at the time