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: 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
A student is habitually 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.
The MSAD #11 Board shall appoint one or more attendance coordinators in accordance with state law. The duties of the attendance coordinator include, but are not limited to:
A. When notified by a principal that a student’s attendance is irregular,
interviewing the student and the parent(s) to determine the cause of the irregular attendance and file a written report with the principal; [NOTE: For the purpose of this policy, “parent(s)” means the student’s parent(s) or legal guardian(s).]
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’s compulsory
attendance and truancy laws (20-A MRSA §§ 5001-A, 5051-A).
As required by law, the following procedure shall be followed when a student is habitually truant.
A. If the principal and the attendance coordinator determine that a student is
habitually truant, the principal shall inform the Superintendent. The Superintendent/designee shall first try to correct the problem informally. Informal attempts to correct the problem must include meeting with the student and the student’s parent(s) to identify possible causes of the habitual truancy and to develop a plan to implement solutions to the problem. If the initial meeting does not resolve the problem, the Superintendent/designee shall implement interventions that best address the problem including but not limited to:
1. Frequent communication between the teacher and 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.
B. As part of correcting the problem informally, the Superintendent/designee shall
require the student and his/her parent(s) to attend one or more meetings with the student’s teacher or other school personnel designated by the Superintendent. The purpose of the meeting(s) is to reinforce the plan referenced in paragraph A or to develop an alternative plan. Such meetings may involve others including but not limited to case managers, therapeutic treatment providers, and representatives of the Department of Human Services, the Department of Behavioral and Developmental Services, and the Department of Corrections. The Superintendent/designee shall schedule the meeting(s) at mutually convenient times.
C. 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 explain the possible penalties:
[NOTE: The penalties are described in 20-A MRSA §5053-A and include a minimum $250.00 fine (an increase from $25.00); the court may also order a parent to take specific action to ensure the student’s attendance including compliance with the plan developed in accordance with paragraph A of this policy, participation in a parent-training class, attending school with the child, community service hours at the school, or participation in counseling or other services as appropriate. All or part of the fine may be suspended upon the parent’s compliance with a court order.]
4. State that the Superintendent/designee may notify local law enforcement
authorities of a violation of the habitual truancy statute and the Department of Health and Human Services (DHHS) as provided by 20-A MRSA § 5051-A(C)(the notice provision); and
[NOTE: The definition of “child abuse and neglect” now includes “failure to ensure compliance with school attendance requirements (in regard to students from age 7 up to completion of sixth grade) under 20-A MRSA §3272(2)(B) (the truancy law as applied to students in unorganized territories) or §5051-A(1)(C) (notice to parents of habitual truants under the attendance statute) by a person responsible for the child.” Similarly, the definition of “jeopardy to health or welfare” or “jeopardy” has been expanded to mean “serious abuse or neglect as evidenced by…deprivation of adequate food, clothing, shelter, supervision or care or education when the child is at least 7 year of age and has not completed grade 6.” See 22-MRSA §4002 for these definitions. The “mandatory reporting” statute is 22 MRSA § 4011-A.]
5. Outline the plan developed to address the student’s habitual truancy and
the steps that have been taken to implement that plan.
D. Prior to notifying local law enforcement authorities, the Superintendent/designee
shall schedule at least one meeting as required by law and paragraph B of this policy and may invite a local prosecutor.
E. If after three school days after the service of the notice described in paragraph
C of this policy the student remains truant and the parent(s) and student refuse to attend the meeting referred to in paragraph D, the Superintendent/designee shall report the facts of the unlawful absence to local law enforcement authorities.
F. When a student is determined to be habitually truant and in violation of the
compulsory attendance law and the Superintendent/designee has made a good faith attempt to meet the requirements of paragraph B of this policy, the Superintendent/designee shall notify the MSAD #11 Board and local law enforcement authorities of the truancy. After this notification, a local law enforcement officer who sees the truant student may transport the student to the appropriate school if the truant student is off school grounds during school hours and not under the supervision of school personnel.
The Superintendent shall submit an annual report regarding habitual truancy to the Commissioner by October 1. The report must identify the number of habitual truants in the school administrative district in the preceding school year; describe the school district’s efforts to deal with habitual truancy; account for actions brought to enforce the habitual truancy law; and include any other information on truancy requested by the Commissioner.
Legal Reference: 20-A MRSA §§ 5001-A; 5051-A-5054-A
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
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 quarter.
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.
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
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 rests 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.
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 educating students for maximum academic and social development, the following restrictions on dress shall be enforced.
A. 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.
B. Clothing, footwear, insignia or accessories that are intended to identify the wearer as a member of a particular gang are prohibited.
C. Articles of clothing with displays that are sexual, vulgar, lewd or indecent or include insulting words (e.g., racial/ethnic slurs) are impermissible.
D. Clothing that is destructive of school property (e.g., cleats, pants with metal inserts that scratch furniture) is not permitted.
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.
The Superintendent is responsible for the development of any administrative procedures necessary to implement this policy.
Adopted: January 8, 2009
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 nunchucks;
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, or 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 have been adopted 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 [OR: will] 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.
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 refuses 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
File: JICK
BULLYING
It is the intent of the MSAD #11 Board to provide all students with an equitable opportunity to learn. To that end, the Board has a significant interest in providing a safe, orderly and respectful school environment that is conducive to teaching and learning.
Bullying is detrimental 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 and witness such behavior.
The MSAD #11 Board also believes that promoting ethical and responsible behavior is an essential part of the school unit’s educational purpose. Ethics, 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 Maine’s system of Learning Results. Bullying interferes with the accomplishment of this goal.
Finally, the MSAD #11 Board recognizes the well-publicized incidents of violence and threatened violence that have occurred nationally in the past several years. As research suggests a link between bullying and school violence, the MSAD #11 Board seeks to avoid such incidents and instead take a systematic approach to bullying prevention and intervention.
It is not the MSAD #11 Board’s intent to prohibit students from expressing their ideas, including ideas that may offend the sensibilities of others, or from engaging in civil debate. However the MSAD #11 Board does not condone and will take action in response to conduct that interferes with students’ opportunity to learn, the educational mission of the MSAD #11 schools, and the operation of the schools.
Bullying Prohibited
Bullying, as defined in this policy, is not acceptable conduct in MSAD #11 schools
and is prohibited. Any student who engages in conduct that constitutes bullying
shall be subject to disciplinary consequences up to and including suspension and
expulsion. A student’s bullying behavior may also be addressed through other
behavioral interventions.
Bullying Defined
For the purpose of this policy, “bullying” means any physical act or gesture or any
Verbally, written, or electronically communicated expressions that:
A. A reasonable person should expect will have the effect of:
1. Physically harming a student or damaging a student’s property;
2. Placing a student in reasonable fear of physical harm or damage to
his/her property; or
3. Substantially disrupting the instructional program or the orderly
operations of the school; or
B. Is so severe, persistent, or pervasive that it creates an intimidating, hostile
Educational environment for the student who is bullied.
Application of Policy
This policy applies to bullying that takes place at school or on school grounds, at
any school-sponsored activity or event, or while students are being transported to
or from school or school-sponsored activities or events. It also applies to bullying
that occurs at any other time or place that substantially disrupts the instructions
program, operations of the school, or welfare of students.
Examples of conduct that may constitute bullying include, but are not limited to:
A. Physical contact or injury to another person or his/her property;
B. Threats of harm to a student, to his/her possessions, or to other
individuals, whether transmitted verbally, in writing, or through
cyberspace;
C. Blackmail, extortion, demands for protection money, or involuntary
Loans or donations;
D. Non-verbal threats and/or intimidations such as use of aggressive or
Menacing gestures;
E. Stalking;
F. Blocking access to school property or facilities;
G. Stealing or hiding books, backpacks, or other possessions;
H. Repeated or pervasive taunting, name-calling, belittling, mocking,
put-downs, or demeaning humor relating to a student’s race, color,
ethnicity, gender, sexual orientation, ancestry, religion, disability, or
other personal characteristics, whether or not the student actually
possesses them, that could reasonably be expected to result in
disruption of the instructional program or operations of the schools,
or that results in a hostile educational environment for the student.
[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 “H” above.]
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.
Delegation of Responsibility
The Superintendent/designee will be responsible for developing and implementing
procedures for:
A. Student and parent reporting of bullying to staff and school administrators;
B. Staff reporting of bullying to school administrators;
C. Review of reports and investigation of bullying incidents;
D. Intervention with and/or discipline of students who engage in bullying;
E. Support for students who are victims of bullying;
F. Training staff and student in bullying prevention; and
G. Periodic evaluation of bullying prevention, intervention, and training
efforts in MSAD #11 schools and reporting to the MSAD #11 Board upon request.
Reporting
Students who have been bullied or who observe incidents of bullying are
Encouraged to report this behavior to a staff member or school administrator.
Staff should report bullying to the building principal.
Acts of reprisal or retaliation against any person who reports an incident of
bullying are prohibited. Any student who is determined to have falsely accused
another of bullying shall be subject to disciplinary consequences.
Responding to Bullying
In determining the appropriate response to students who engage in bullying
behavior, school administrators should consider the ages and maturity of the
students involved, the type of behaviors, the frequency and/or pattern of behaviors,
the context in which the incident occurred, and other relevant circumstances.
consequences may range from positive behavioral interventions up to and
including suspension, expulsion, and/or reports to law enforcement officials.
Dissemination of Policy
Notice of what constitutes bullying, the MSAD #11 Board’s prohibition against
Bullying, and the consequences for students who bully shall be communicated
To students and parents through the Student Code of Conduct and Student
Handbook.
Legal Reference: 20-A MRSA § 1001(15)(H)
P.L. 2005, ch. 207 § 4-5
Cross Reference: AC-Nondiscrimination, Equal Opportunity
ACAA-Harassment and Sexual Harassment of Students
ACAD-Hazing
ADF-School District Commitment of Learning Results
JI-Student Rights and Responsibilities
JICC-Student Conduct on Buses
JICIA-Weapons, Violence and School Safety
JK-Student Discipline
JKD-Suspension of Students
JKE-Expulsion of Students
Student Code of Conduct
Adopted: September 7, 2006
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
File: JK
STUDENT DISCIPLINE
It is essential for schools to maintain a safe and orderly environment that supports student learning and achievement. Good discipline allows 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 MSAD #11 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 inter actions 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.
D. Parents should be actively involved in the process of preventing and resolving disciplinary problems at school.
Physical force and corporal punishment shall not be used as disciplinary methods.
However, school personnel may use reasonable force to control the behavior of a student who presents an immediate threat of physical harm to him/herself or others, to remove a student from a situation where the student is violent or presents an immediate danger to others, or to prevent damage or destruction of school property. Force, including physical restraint [OR: measures to physically restrain a student’s freedom of movement] should not be used beyond the point necessary to prevent the student from harming him/herself or others.
Any staff member who uses force to control the behavior of a student shall immediately contact the building principal to report the incident, the reasons for the use of force and the specific measures taken. The building principal shall notify the student’s parent and the Superintendent as soon as practicable following the incident.
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 MSAD #11 Board policies, administrative procedures and Maine law.
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 district.
Legal Reference: 17-A MRSA § 106
20-A MRSA § 4009
Ch. 125.23 (B)(5)(1) (Maine Dept. of Ed. Rule)
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA – Student Harassment and Sexual Harassment
EBCA – Comprehensive Emergency Management Plan (Crisis
Response Plan)
JICIA Weapons, Violence and School Safety
JKB - Student Detention
JKD - Suspension of Students
JKE - Expulsion of Students
JKF - Suspension/Expulsion of Students with Disabilities
JKAA – Time Out Rooms and Therapeutic Restraint
Adopted: May 5, 2011
File: JKAA-R
TIME OUT ROOMS AND THERAPEUTIC RESTRAINT
ADMINISTRATIVE PROCEDURE
These procedures are established for the purpose of meeting the obligations of MSAD #11 under state law and local MSAD #11 School Board policies governing the use of designated time out rooms and therapeutic restraint. These procedures shall be interpreted in a manner consistent with state law and regulations.
I. DEFINITIONS
For purposes of these procedures, the terms “designated time out room” and “therapeutic
restraint” shall have the following meanings:
A. “Designated time out room” means a designated time out room used specifically to isolate a student for the purpose of bringing under control student behavior that is dangerous or presents a risk of significant property damage. Dangerous behavior is behavior that, in the judgment of those involved, presents a risk of injury or harm to that student or to others, and cannot be controlled through interventions short of isolation in the designated time out room.
This policy and any accompanying procedures do not apply to interventions such as sending a student to the Principal’s office, to any staff member’s room or office, or to any other such setting, but is instead limited to use of a room specifically designated by the Superintendent of Schools for the purpose of isolating students as described above. Use of this area to control student behavior must comply with these procedures.
B. “Therapeutic Restraint’ means physical restraint of a student for the purpose of
preventing that student from injuring him or herself or others, when such restraint
is undertaken in accordance with an individualized, written plan that specifically
calls for therapeutic restraint. Therapeutic restraint as defined in these procedures
should be administered by personnel trained in that restraint.
School personnel should not use as a type of therapeutic restraint any restraint
that restricts the free movement of the diaphragm or chest or that restricts the
airway so as to interrupt normal breathing or speech of students.
Therapeutic restraint does not include any intervention by any school official that would otherwise be governed by state law on the use of reasonable force (20-A MRSA§ 4009), which includes the use of a reasonable degree of force by school officials against a person who is creating a disturbance, when the official believes that force is necessary to control the disturbing behavior or to remove the person from the scene of the disturbance.
II. DESIGNATION OF TIME OUT ROOMS
A. If the Superintendent determines that there is a need for a designated time out room in a particular school building, he/she shall designate the room to be used for that purpose and shall ensure that said room meets the requirements of these procedures. The building principal shall be familiar with these procedures on the use of the designated time out room, and shall ensure that staff understands the proper use of that room. Once a room has been designated specifically for this purpose, it shall not be used in any manner that would be inconsistent with its use as a designated time out room.
B. Designated time out rooms must be a minimum of 60 square feet, with adequate light, heat and ventilation and of normal room height. The door to the time out room may not be locked, latched or secured in any way that would prevent the student from exiting the room. An unbreakable observation window shall be located in a wall or door to permit continuous observation of the student and any staff member in the time out room.
III. USE OF DESIGNATED TIME OUT ROOMS
A. The designated time out room shall be used specifically for the purpose of isolating a student to bring under control student behavior that is dangerous or presents a risk of significant property damage. Dangerous behavior is behavior that presents a risk of injury or harm to that student or to others and cannot be controlled through interventions short of isolation in the designated time out room. The designated time out room shall not be used for punitive purposes, for staff convenience or to control minor misbehavior.
B. The designated time out room shall be used only after less intrusive interventions have failed to bring the student’s behavior under control. A student should remain in the designated time out room only for the time necessary for the student to compose him/herself sufficiently to return to the classroom with minimal risk that the behavior will quickly reoccur, in the opinion of school officials monitoring the intervention.
C. School officials shall not keep a student in the designated time out room for more than one hour. If the student continues to present dangerous behaviors after this period of time, the placement in that room may be continued only with written authorization of the building principal or designee. In that event, the student’s parent/guardian should also be called for the purpose of taking the student home for the remainder of that school day.
D. Students in a designated time out room shall be directly observed at all times by a staff person.
E. School officials monitoring a student in the designated time out room shall not secure the door to that room in any manner, including holding the door so as to keep the student shut in that room. In the event that a student who is actively demonstrating dangerous behaviors attempts to leave the room, the staff member may use restraint to ensure safety and should attempt to arrange for emergency personnel and the parents to be contacted.
F. If, at any point during the student’s stay in the designated time out room, the building principal or his/her designee believes that the student cannot be maintained safely even in that setting, the building principal/designee shall call the student’s parent/guardian to come pick up the student, and may also call other emergency personnel for the purpose of taking custody of the student and ensuring the student’s safety.
IV. DOCUMENTING USE OF THE DESIGNATED TIME OUT ROOM
A. Each time a student is placed in a designated time out room, a school official involved in that decision shall document the action. The documentation must include the following:
1. Name of the student;
2. Date and time of placing the student in the room;
3. Time that the placement ended;
4. Antecedent events leading up to the behavior requiring the placement;
5. The behavior itself leading to the placement;
6. Other types of intervention that may have been used;
7. Names of staff members involved in the incident; and
8. Names of staff members who monitored the student’s placement in the designated time out room.
9. If a call is placed to the family or to emergency personnel, it should be noted in the documentation as well.
B. This written documentation shall be provided to the building principal/ designee within two school days of the incident itself. If possible, the parents/guardian should be notified of the incident on the same day of the student’s placement in the designated time out room, or as soon as possible thereafter.
V. USE OF THERAPEUTIC RESTRAINT
A. Therapeutic restraint as covered by these procedures shall be used only for the purpose of preventing a student from injuring him/herself or others, when such restraint is undertaken in accordance with an individualized, written plan that specifically calls for therapeutic restraint. Therapeutic restraint as covered by these procedures shall be used only after less intrusive interventions have failed to bring the student’s behavior under control.
B. Attempts shall be made to involve the parents in developing an individualized, written plan that specifically calls for therapeutic restraint. For students with disabilities, the student’s Pupil Evaluation Team or 504 Team may develop such a plan if the Team determines it is appropriate to do so.
C. Therapeutic restraint as covered by these procedures shall involve the least
amount of physical contact that is required to bring the behavior under control
and should be implemented by persons who have successfully completed an
appropriate training program in the identification and de-escalation of potentially
harmful behaviors and the safe use of passive physical therapeutic restraints.
D. School personnel should not use as a type of therapeutic restraint any restraint
that restricts the free movement of the diaphragm or chest or that restricts
the airway so as to interrupt normal breathing or speech of students.
E. At least two adults should be involved in the use of therapeutic restraint as covered by these procedures, and, if possible, both adults should have completed an appropriate training program. In the event that an emergency situation prevents the presence of two adults for the therapeutic restraint, one individual may undertake the intervention and his/her conduct shall be protected to the full extent allowed by state law on the use of reasonable force in emergencies (20-A MRSA § 4009). If an untrained adult is involved in the intervention, his/her conduct shall also be protected to the full extent allowed by state law on the use of reasonable force in emergencies.
F. The school district shall maintain a list of all personnel with restraint training, and
the list shall include the date and type of training and the name and qualifications
of the trainer.
G. The use of therapeutic restraint as covered by these procedures should not exceed one hour in length. If the student is still presenting dangerous behaviors after that time, the use of therapeutic restraint may be continued with written authorization of the building principal/designee. In that event, the student’s parent/guardian should also be called for the purpose of taking the student home for the remainder of that school day.
H. If at any point during the therapeutic restraint the building principal/ designee believes that the student cannot be maintained safely even with that restraint, the building principal/designee shall call the student’s parent/guardian to come pick up the student, and may also call other emergency personnel for the purpose of taking custody of the student and ensuring the student’s safety.
I. If involved staff believe that a student has been injured during a
therapeutic restraint, the staff member shall follow school procedures in
reporting that injury to the school nurse or others, as soon as reasonably practicable. School officials should document any physical injury to a student arising from a therapeutic restraint in a manner consistent with documentation of other student injuries at school
J. In the event that school officials use restraint on a student in any manner inconsistent with these procedures, that intervention shall be protected to the full extent permitted by state law on the use of reasonable force (20-A MRSA § 4009).
VI. DOCUMENTING USE OF THERAPEUTIC RESTRAINT
A. Each time a student is subject to therapeutic restraint as covered by these procedures, a school official involved in that decision shall document the action. The documentation must include the following:
1. Name of the student;
2. Date and time of restraint;
3. Time that the restraint ended;
4. Antecedent events leading up to the behavior requiring the restraint;
5. The behavior itself requiring the restraint;
6. Other types of intervention that may have been used;
7. Names of staff members involved in the incident; and
8. Names of staff members who participated in the restraint;
9. Names of staff members who monitored the student’s placement in the designated time out room.
10. If a call is placed to the family or to emergency personnel, that should be noted in the documentation as well.
B. This written documentation shall be provided to the building principal/ designee within two school days of the incident itself. If possible, the parents/guardian shall be notified of the incident on the same day that therapeutic restraint is used on the student, or as soon as possible thereafter.
VII. PROHIBITION OF AVERSIVE THERAPY
A. School officials shall not use aversive therapy on a student to modify or change that student’s behavior. “Aversive therapy” is the application of unusual, noxious or potentially hazardous substances, stimuli or procedures to a student. Aversive therapies include the use of water spray, hitting, pinching, slapping, noxious fumes, extreme physical exercise or embarrassing costumes or signs.
B. The use of mechanical or chemical restraints by school officials is prohibited by these procedures. These procedures do not prohibit protective equipment or devices that are part of a treatment plan prescribed by a physician or psychologist for treatment of a chronic condition.
Legal Reference: 20-A MRSA § 4502(5)(M) and accompanying regulations
20-A MRSA § 4009
Ch. 33 § 1-2; Ch. 125 § 10.04 (Me. Dept. of Ed. Rules)
Maine DOE Commissioner’s Administrative Letter No. 8,
September 10, 2010
Adopted: December 6, 2001
Revised: January 8, 2009; May 5, 2011
File: JKAA
TIME OUT ROOMS AND THERAPEUTIC RESTRAINT
The MSAD #11 #11 School Board hereby authorizes school officials to use designated time out rooms and therapeutic restraint to the extent permitted by law and in a manner consistent with state law and regulations. The Superintendent of Schools is responsible for developing procedures for the use of designated time out rooms and therapeutic restraint. This policy and any accompanying procedures shall be reviewed at least annually by the Superintendent or his/her designee. The Superintendent shall recommend to the MSAD #11 School Board any needed changes in this policy.
I. DEFINITIONS:
For purposes of this policy and any accompanying procedures, the terms “designated time out room” and “therapeutic restraint” shall have the following meanings:
A. “Designated time out room” is a room used specifically to isolate a student for the purpose of bringing under control student behavior that is dangerous or presents a risk of significant property damage. Dangerous behavior is behavior that presents a risk of injury or harm to that student or to others and, in the judgment of those involved, cannot be controlled through interventions short of isolation in the designated time out room.
This policy and any accompanying procedures do not apply to interventions such as sending a student to the principal’s office, to any staff member’s room or office, or to any other such setting, but is instead limited to use of a room specifically designated by the Superintendent for the purpose of isolating students as described above. Use of this area to control student behavior must comply with this policy and any procedures developed hereunder.
B. “Therapeutic Restraint” is physical restraint of a student for the purpose of preventing that student from injuring him/herself or others when such restraint is undertaken in accordance with an individualized, written plan that specifically calls for therapeutic restraint. Therapeutic restraint as defined in this policy and any accompanying procedures should be administered by personnel trained in that restraint.
School personnel should not use as a type of therapeutic restraint any restraint that restricts the free movement of the diaphragm or chest or that restricts the airway so as to interrupt normal breathing or speech of students.
Therapeutic restraint does not include any intervention by any school official that would otherwise be governed by state law on the use of reasonable force (20-A MRSA§ 4009), which includes the use of a reasonable degree of force by school officials against a person who is creating a disturbance, when the official believes that force is necessary to control the disturbing behavior or to remove the person from the scene of the disturbance.
Legal Reference: 20-A MRSA § 4502(5)(M) and accompanying regulations
20-A MRSA § 4009
Ch. 33 § 1.2; Ch. 125 § 10.04 (Me. Dept. of Ed. Rules)
Maine DOE Commissioner’s Administrative Letter No. 8,
September 10, 2010
Adopted: December 6, 2001
Revised: January 8, 2009; May 5, 2011
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
SUSPENSION OF STUDENTS
The MSAD #11 School Board delegates to the principals the authority to suspend from school disobedient and disorderly students for a period not to exceed ten (10) school days. Suspensions longer than 10 days may be imposed by the MSAD #11 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 the 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 Office of the Superintendent.
The parents/guardians and the student shall be required to schedule a conference with the building administrator/designee within the suspension period and prior to re-admittance to school.
Students shall be responsible for any schoolwork missed during their suspension. After re-admittance, they shall be permitted to take tests, quizzes or any other form of evaluation affecting their grades.
Legal Reference: 20-A MRSA § 1001.9
Cross Reference: JICIA – Weapons, Violence and School Safety
JK - Student Discipline
JKE - Expulsion of Students
JKF – Suspension/Expulsion of Students with Disabilities
Adopted: October 19, 1994
Revised: January 8, 2009
File: JKE
EXPULSION OF STUDENTS
No student shall be expelled from school except by action of the MSAD #11 Board. The MSAD #11 Board shall expel students as provided in 20-A MRSA § 1001(9) and (9A). The MSAD #11 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.
The parents/guardians (and the student if 18 years of age or older) shall be notified by certified letter and regular mail of the MSAD #11 Board 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.
The notice of hearing shall include:
A. The date, time and location of the hearing;
B. A description of the charge(s);
C. A statement that the student may be represented by legal counsel;
D. A statement that the student or his/her representative may cross-examine any witnesses presented by the administration at the hearing; and
E. A statement that the parents/guardians and student may present evidence, including witnesses and documents, on the student’s behalf.
Legal Reference: 20-A MRSA § 1001(9)(9A)
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 – Suspension/Expulsion of Students with Disabilities
Adopted: October 19, 1994
Revised: April 1996; October 1998; January 8, 2009
File: JKE-R
EXPULSION OF STUDENTS 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.
Procedure for Conduct of Board Hearing to Expel
A. Any discussion, consideration or hearing by the MSAD #11 School Board of suspension or expulsion of a student shall be in executive session.
B. The MSAD #11 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.
C. The parents/guardians, the student and legal counsel (if any) must be present for the hearing, except that the hearing may go forward if the parents/guardians and student (if 18 years of age or older) have been provided prior written notice and failed to appear for the hearing.
Executive Session
I. GENERAL RULES OF CONDUCT
A. The hearing officer (MSAD #11 Board Chair/designee or MSAD #11 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 MSAD #11 School 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 MSAD #11 School Board.
B. The hearing officer will request from the Superintendent a copy of the hearing notice, read the hearing notice to the MSAD #11 School Board and include the notice in the record. If no person appears at the hearing on behalf of the parents/guardians or student, the hearing officer will request that the Superintendent confirm that the parents/ guardians and student (if age 18 or older) were provided notice of the hearing.
C. The Superintendent or 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/guardians of their rights:
1. To hear the evidence;
2. To cross examine witnesses; and
3. To present witnesses and offer other relevant evidence.
E. The hearing officer will ask if any member of the MSAD #11 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 MSAD #11 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. The student may ask rebuttal questions. After the rebuttal questions, the MSAD #11 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 MSAD #11 Board should then deliberate in executive session. The Superintendent, MSAD #11 Board attorney, administration, the student charged, his/her parents/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 MSAD #11 Board if he/she was not directly involved in the
investigation/presentation of evidence.
O. The MSAD #11 Board shall discuss whether the charges are more likely than not supported by the evidence presented. The MSAD #11 Board may discuss and/or draft proposed finding of fact(s) concerning the charges prior to leaving the executive session.
P. The MSAD #11 Board shall then leave executive session.
III. PUBLIC SESSIONS
A. In public session, a member of the MSAD #11 Board may make a motion to “expel a student and direct the Superintendent to provide the student and his/her parents/guardians with the MSAD #11 Board’s finding of fact(s).” Following a second, the MSAD #11 Board Chair should state the motion and the MSAD #11 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.
B. The Superintendent is responsible for notifying the parents/ guardians (and the student if age 18 or older) of the MSAD #11 Board’s decision. If the student has been expelled, the Superintendent will also provide notice of the conditions, if any were given at that time, for MSAD #11 Board consideration of readmission.
Adopted: November 6, 1975
Revised: May 6, 1982; August 7, 1986; October 19, 1994; January 8, 2009
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