MSAD 9 Policy Manual (continued

FILE: JICH-R

CHEMICAL HEALTH REGULATION

I. Administrative procedures related to employees:

A. In school or at school related functions use or possession of alcohol and/or other mood altering chemicals will result in:

1. First Offense - The administration will take the disciplinary action agreed to in the contractual agreement and police notified, if necessary.

2. Second Offense - In the event of a second policy violation, the employee will have to prove his/her ability to follow district policy. Steps leading to dismissal if compliance is not completed may be expected.

B. Distribution of alcohol or other mood altering drugs:

1. Verification

2. Suspension

Suspension will remain in force until resolution of the incident which may lead to dismissal

3. Police notified, if appropriate

II. Procedures related to students:

A. Rules:

1. In school or at school-related functions, a student shall not use, possess, or distribute alcohol, marijuana or other substances defined by law as a drug or a look-alike drug. Drug paraphernalia that includes any device which may facilitate the use of drugs will be considered and treated with the same penalties as possession or use as described elsewhere in district policy and regulation.

2. It is not a violation for a student to be in possession of a legally defined drug specifically prescribed for the student's own use by his/her doctor. Students must leave the prescription with the office or school nurse for safe keeping.

3. This policy is designed to deal with use and possession within the normal school milieu. The extra-curricular and athletic policy addresses concerns that occur outside of this policy.

4. If there is a medical emergency, proper referral for medical attention is to be made. Disciplinary action will take place when the student is ready.

B. Role of school staff:

1. Disciplinary Action - Any staff member who has reasonable basis to suspect any student of possession, use or selling to another student of a prohibited substance has the responsibility to:

a) Take whatever immediate action may be necessary to secure the health and safety of the involved student(s).

b) Report the case immediately to the proper administrator.

2. Voluntary Referral - Any staff member who is approached by a student who is seeking help is expected to maintain the confidentiality of the student and to refer him/her to the Student Assistance Team. A staff member may respond to a student seeking help with a chemical dependency or abuse problem without being compelled to use the information in a disciplinary manner.

C. Procedures - Middle/Secondary:

1. Grades 7-12: Disciplinary Action

a) Type one: Possession/Use

i. First Offense:

1) Verification

2) Notify parent or guardian

3) Notify police

4) Five-day suspension and student is sent home for remainder of day.

5) Student and parent or guardian meet with members of the Student Assistance Team to develop an individual education component which consists of 10 hours of drug education (which will include an informal assessment) and a contract outlining consequences of a second offense.

6) Student is referred to Board of Directors with recommendation for long term suspension or expulsion

i. Referring person consults with Support Assistance Team or team member about concern

iii. Student Assistance Team member meets with student to begin an informal assessment

iv. Student Assistance Team member may discuss case with Student Assistance Team

i. Listen to student's concerns and help student make contact with a Student Assistance Team member,

ii. Consult with Student Assistance Team member about student and best way to proceed,

iii. Student Assistance Team member meets with student to begin informal assessment,

iv. Student Assistance Team member may discuss case with Student Assistance Team,

(Nothing in this section supersedes the rules in Section A of procedures related to students.)

(If the student(s) wants the initial contact person to remain involved and that person is willing, they should be included in all steps.)

3) Parent or guardian contacted and student sent home with parents for the remainder of the day

4) Administrator meets with parent or guardian and student to develop an individual plan

3) Parent or guardian contacted and student sent home with parents for remainder of day

5) Administrator, parent or guardian, and guidance counselor develop individual plan

6) Student may be referred by the Administration to the Board of Directors for further action.

5) The administrator will review the case and decide on a course of action which may include:

cc. student and parent or guardian educated regarding the laws that cover furnishing and selling

iii. Guidance counselor and student work out an action plan that may include involving parent or guardian.

e. If student must be driven home, be certain two (2) adults are involved in the process

f. Follow regular procedures for possession and/or use as outlined in K-6 or 7-12 procedures

1. The MSAD No. 9 Board of Directors is committed to keeping its student body chemically free and supports state laws that forbid the sale and distribution of alcohol and other drugs to minors.

2. When a school administrator receives information about a situation where the selling or furnishing of alcohol or other drugs to minors may occur or learns about student parties where violations may occur, it is the school administrator's job to:

b. Notify parent or guardian, relate the information they have and inform them of the liquor laws.

administrators, teachers, school counselors, behavioral specialists, law enforcement, school nurse, school psychologist, community service agencies, advisors, and support staff.

B. The Student Assistance Team units address many types of behaviors: academic decline, frequent absences or tardiness, physical health problems, disruptive behaviors, out-of-school issues affecting school performance, decreasing or non-involvement in co-curricular activities, atypical behaviors such as; depression, isolation, and self-destruction; and alcohol and other drug involvement.

C. The Student Assistance Team units accept referrals, assign advisors/mentors, develop action plans, make referrals to school/community programs, assist students with academic programs, support special services, work cooperatively with attendance committee, support teachers/parents in dealing with at risk behavior.

D. There are two (2) different types of referrals, Self Referral and Concerned Person Referral. Anyone can refer him/herself, a friend, or any other student about whom they are concerned. You can ask any teacher, administrator, coach or counselor to help you in making a referral. You can also talk directly to any member of the Student Assistance Team, or contact a team coordinator listed. Referrals are held in absolute confidence.

The team will seek additional confidential information when needed. The team will then evaluate the information and establish some plan of action to try to help the individual referred.

The team is here to help - never to punish, though helping sometimes means setting up healthy borders or limits.

In the event that a student exhibits any signs of alcohol consumption, the breathalyzer exam procedure will be used. It is not the intent of this policy to randomly test students. It is the intent to have the breathalyzer procedure serve as a deterrent to students attending Mt. Blue High School functions after consuming alcohol. School functions shall be defined as any activity sponsored by MSAD #9 and conducted on or away form school property.

Refusal to submit to the breath analyzer procedure will be considered to be a positive test for the presence of alcohol and the student will be disciplined in accordance with the MSAD #9 drug and alcohol policy.

Breathalyzer exams will be conducted by school administrators. The procedure will be administered in a secure area away from student traffic and the results will be forwarded to the school Principal, the Superintendent of Schools, the coordinator for the Student Assistance Team and the parent/guardian of the offending student.

It is the intent of the Board of Directors of MSAD #9 to discourage and eliminate the use of alcohol by students attending MSAD #9 functions and activities. Functions shall be defined as any activity sponsored by MSAD #9 and conducted on or away from school property. The following steps will be adhered to during the administration of this policy:

2. Refusal to submit to the breath analyzer procedure will be considered to be a positive test for the presence of alcohol and the student will be disciplined in accordance with the MSAD #9 drug and alcohol policy.

4. All breathalyzer tests will be conducted in a secure location away from student traffic.

5. It is NOT the intent of this regulation to conduct random testing of students.

6. Parents and/or guardians will be contacted and instructed to come to the school/activity and transport their child home if that student tests positive.

7. Students who test positive following a breathalyzer test will be suspended from school in accordance with the MSAD# 9 policies on alcohol consumption and suspensions.

8. The results of all breathalyzer tests will be forwarded to the school Principal, the Superintendent of Schools, the coordinator for the Student Assistance Team, and the parent/guardian of the student tested.

Possession or use of a weapon on school grounds, in school buildings or on school buses is prohibited. A pupil found to be in possession of a weapon on school premises before, during, or after school or at any school sponsored activity is subject to administrative and/or legal action.

A. Articles commonly used or designed to inflict bodily harm and/or to intimidate other persons. Examples are: firearms, knuckles, switch blade/butterfly knives, chains, clubs, stars, etc..

B. Articles designed for other purposes but which could easily be used to inflict bodily harm and/or Intimidate. Examples are: belts, combs, pencils, files, compasses, scissors, etc..

A. A pupil acting in an aggressive or belligerent manner with any article will be administratively judged to be in possession of a weapon. Disciplinary action will be taken.

B. A pupil using a weapon in a fight or altercation will be administratively judged to be a danger to others and self and will be subjected to extended suspension or expulsion proceedings, or other appropriate disciplinary action.

C. Administrators or other delegated school officials, in their professional judgement, will confiscate any article previously identified as a weapon under above. Such weapons will be submitted to the appropriate law enforcement agency. Articles previously identified above and any other articles deemed a weapon will be confiscated and disciplinary action will be taken. The appropriate law enforcement agency may be called.

D. A pupil who has caused injury to another person with. a weapon, intended to unintended, will be subject to disciplinary and/or legal action.

3. the contents of pockets and/or purses, if suspected of being in possession of prohibited, stolen, or illegal items.

The MSAD No. 9 is committed to the enforcement of a "Weapons in Schools" policy that meets all applicable requirements of the federal Gun-Free Schools Act of 1994, in addition to pertinent state laws and regulations. The purpose of the following Administrative Procedure is to effectuate the mandates imposed by federal law in addition to this Unit's policy on Weapons in Schools.

I. Applicability - All students, staff and other persons are subject to the prohibitions contained in the MSAD No. 9 Weapons in Schools policy. Prohibitions shall apply at all times on school premises, in any school vehicle, at any school-sponsored activity, or at any time or place if the conduct has an adverse effect on the discipline and welfare of the school.

II. Prohibitions - The following shall constitute conduct prohibited by this Procedure:

A. Possession and/or use of articles commonly used or designed to inflict bodily harm and/or to intimidate, coerce or harass persons. Examples of such articles include but are not limited to the following: firearms, ammunition, explosives, cross-bows, brass knuckles, switchblades, knives, chains, clubs, Kung Fu stars and nunchucks.

B. Use of any object as a weapon, although not necessarily designed to be a weapon, to inflict or threaten bodily harm and/or to intimidate, coerce or harass. Examples of such articles include but are not limited to the following: bats, belts, picks, pencils, scissors, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort and replicas of weapons (including some toys).

A. Administrators/Principals - Administrators shall take appropriate action for any violation of this policy/procedure including but not limited to student discipline and action by law enforcement officials as appropriate. Administrators will confiscate any article described in this policy/procedure using appropriate measures and, if appropriate, submit the article to a suitable law enforcement agency.

Principals may authorize inspections of student automobiles, clothing, purses, bags, backpacks and other personal belongings when there are reasonable grounds to suspect that the inspection will produce evidence that this policy/ procedure has been violated.

B. School Staff - School personnel shall take appropriate action in the event of an altercation involving violence and/or the use of a weapon. Incidents shall be reported immediately to the appropriate administrator.

A. Title 20-A MRSA § 1001(9)(1995) - Any student who violates this policy may be expelled under Title 20-A MRSA § 1001(9)(1995) if "found necessary for the peace and usefulness of the school." The School Board shall expel any student:

3. Who possesses on school property a firearm, as defined in Title 17-A MRSA § 2, subsection 12-A, without permission of a school official; and

4. Who with the use of any other dangerous weapon, as defined in Title 17-A MRSA § 2, subsection 9, paragraph A, intentionally or knowingly causes injury or accompanies use of a weapon with a threat to cause injury.

B. Title 20-A MRSA § 1001 9-A(B) - Nothing in the MSAD No 9 Weapons in the Schools policy or in this Administrative Procedure shall prevent a school board from:

1. Offering instructional activities related to firearms or from allowing a firearm to be brought to school for instructional activities sanctioned by MSAD No. 9; or,

2. Providing educational services in an alternative setting to a student who has been expelled.

The Superintendent or his/her designee shall be responsible for granting permission to conduct such instructional activities consistent with Title 20-A MRSA § 1001 9-A(B).

C. The Gun Free Schools Act of 1994 - Any student who is determined to have brought a firearm to school, as defined by 18 USCA § 921, shall be expelled from the regular school program for at least one (1) year. This shall be modified on a case-by-case basis by the Superintendent, in consultation IV. Enforcement - Continued

with the School Board, as necessary as authorized by 20-A MRSA § 1001 (9-A) and the federal Gun-Free Schools Act of 1994. Such modifications may include placement in alternative educational programs, In addition, any student bringing a firearm to school shall be referred to local law enforcement and/or the juvenile justice system as appropriate.

1. The building Principal shall be responsible for setting the date, time and place for which these searches will be conducted.

2. The building Principal shall notify the superintendent prior to any canine “sniff” search procedure.

3. Canine “sniff” searches will not be conducted on students, teachers or other people. It is the responsibility of the building Principal to ensure that this does not occur.

4. Canine “sniff” searches may be conducted on school lockers, locker rooms and other SAD #9 property and facilities.

5. Students shall not be present in any area where a canine “sniff” search is being conducted.

6. Dogs used for canine “sniff’ searches shall be certified and accompanied during a “sniff” search by a certified handler, the building Principal or Assistant Principal and the School Resource Officer.

7. Any direct search of school property or facilities following a “positive hit” will be conducted by the high school administration. This search will work in concert with the protocol of the police agency that assigned the dog and handler.

8. Students who are found to be responsible for bringing illegal or prohibitive substances to school following a canine “sniff” search will be subject to the disciplinary procedures outlined in the drug and alcohol policies of MSAD #9.

9. Illegal substances discovered by school officials during a canine “sniff” search will be turned over to the Police Department.

10. It is the intent of this policy that all canine “sniff” searches will be conducted randomly and unannounced.

Canine "sniff' drug searches will be conducted randomly and unannounced. All searches will be conducted within the parameters of the policy. These searches will be conducted on an "as needed" basis.

The search team will consist of the canine and it's handler, an Administrator and the School Resource Officer. Students who are found to be in possession of illegal or prohibitive substances will be subject to the provisions of the disciplinary code of MSAD #9 policies relating to drugs and alcohol.

Illegal or prohibitive substances found _________________________________________

Name of parent/guardian contacted ______________________ Telephone # ___________

A. When a student feels there has been discrimination, he/she may discuss the grievance with the Affirmative Action Coordinator.

B. If the grievance is not resolved within five (5) working days, the student may discuss the grievance with the principal or appropriate supervisor and the Affirmative Action Coordinator.

A. If the grievance is not resolved with five (5) working days, the student may file a written grievance with the principal or appropriate supervisor. Forms are available from the Affirmative Action Coordinator.

B. If the written grievance is not resolved within five (5) working days and the student wishes to continue the grievance procedure, the Affirmative Action Coordinator will bring said grievance to the attention of the Superintendent of Schools.

C. The Superintendent will, within ten working days after receiving a written grievance, review the situation in consultation with the Affirmative Action Coordinator and the grievant together and inform the grievant in writing of his/her decision.

D. If the written grievance is not resolved to the grievant's satisfaction, the grievant may submit a written grievance to the Board of Directors. The Board of Directors will then add to the agenda of their next meeting the discussion of the grievance. The Board will then notify the grievant of his/her right to be at the meeting and that the grievant is entitled to representation by counsel and to speak at the meeting if he/she wishes. The Board will notify the grievant in writing of its decision within five (5) working days. All grievance hearings will be conducted in executive session.

A student may, at any time, file a grievance with the Director, Office of Civil Rights, Department of Health and Human Services, JFK Federal Building, Government Center, Boston, MA 02103.

The various school-sponsored organizations may plan trips to participate in state or regional programs provided that:

A. They provide a true educational opportunity consistent with the school program as a whole;

C. They are properly chaperoned with at least 50% of the chaperones being school faculty members; and,

Overnight trips should be discouraged and allowed only in cases where absolutely necessary.

It shall also be the policy of MSAD No. 9 not to allow or sponsor outings, parties, picnics, or class trips except when school facilities are used and they are properly supervised. Teachers are discouraged from attending unofficial parties outside of school when organized by students without the sanction of the school administration.

The school will not sponsor to any degree any secret organization, secret society, or fraternity or allow use of school property or facilities for such organizations.

There shall be at least one (1) chaperone for each 25 pupils, except with approval of the Superintendent.

It shall be the policy of the Board to limit the number of school parties during the school year to a minimum, such as Christmas, Valentine's Day, and the final day of school. Classes may schedule additional parties on appropriate occasions with the permission of the principal.

Further, the Board recognizes the joy one receives in giving and receiving gifts, but it also recognized that the purchase of gifts to be exchanged in school sometimes places an added burden on the family and that the comparison of the value of gifts by students can be embarrassing. Therefore, it shall be the policy of the Board to prudently limit the exchanging of gifts between students, and between students and teachers, at school parties.

In addition the Board subscribes to the Code of Ethics of the National Education Association which states that teachers should, "Accept no gifts of significance that might influence our judgment in the exercise of our professional duties."

All preparations for classroom parties except those which have a true educational meaning shall be carried on outside of the school hours. Generally, parties will be limited to the last hour before dismissal. Refreshments may be served on the above occasions; however, no individual student shall be required to bring refreshments or pay the cost of refreshments.

Generally, parties on holidays should be restricted to the spirit of the day, singing, assemblies, plays, art work, etc., appropriate for the occasion.

No charge shall be made to any officially sponsored school organization for the use of any school facilities, except that such groups using cafeteria facilities for fundraising purposes shall be expected to pay the salaries of all cafeteria personnel necessary. At all other time such charges will be paid by the school department.

Parties during school time shall be kept to a minimum, namely Christmas, Valentine's Day, and the final day of school. On these days, a party may be held during the last hour before dismissal only. All preparations for the parties shall be carried on outside of school hours. Ordinarily, schools will not be dismissed early prior to a vacation or holiday except on the final day of school.

A student must take five courses, which may include up to 1 credit for P.E. during their four years at the high school, or the equivalency of five courses as it pertains to the technology course guidelines in order to participate in co_curricular activities. If a student fails to maintain a passing cumulative average in any subject, he/she will be declared ineligible to participate in co_curricular for the following quarter, UNLESS the student petitions to be on one quarter's probation in all subjects. Probation is defined as follows: The student will be able to practice and participate in, but unable to compete or lead such activities until grades reach a passing level. The student will be responsible for taking a progress sheet to his/her teacher every two weeks to monitor his/her progress. This sheet is to be returned to the Athletic Director and a copy taken to the coach or advisor. If the student is passing at the end of two weeks, he/she may return to full participation in the sport or co_curricular (with continuing review every two weeks). Otherwise he/she will remain eligible to practice/participate only. This policy applies to all sports, sports managers, marching and jazz band, drama, class officers, student council, clubs, etc. It does not include any curriculum offering where credit is granted such as performing arts classes. (ex. chorus, concert band, or orchestra, library aides, etc.)

If a student receives a failing or incomplete grade, he/she becomes ineligible when rank cards are issued. Students with incomplete grades will have two weeks to make up incompletes and will remain ineligible until work is completed and grades are completed.

Students may NOT use correspondence courses, night school, etc. to become eligible. Students may gain eligibility by attending an accredited summer school program. The student's grade will be determined by the formula prescribed by the district's summer school regulation.

Students who lose course credit for failing to satisfy the provisions of the district's attendance policy will be considered ineligible immediately at which point they may petition to be put on probation. This probation will include the student maintaining passing grades in all courses as well as have no further undocumented absences. The student will be monitored every two weeks (attendance and grades) in order to participate.

No student may participate in co_curricular activities more than eight consecutive semesters from the day he/she enters his/her FRESHMAN year.

A student who wishes to participate in a Saturday activity may NOT have an unexcused absence on the previous Friday.

Any student involved in co_curricular activities who reports to school after first period ends will not be allowed to participate in games or activities on that day. Exceptions will be made for documented professional appointments or other extenuating circumstances deemed reasonable by the administration. (It is the coach's responsibility to check attendance lists and enforce.) A student who drops a course with an F is immediately ineligible. If he/she still has five courses, he/she may refer himself/herself to the Student Assistance Team at which time the SAT and the student will come up with an IEP (Individual Education Plan) which may allow the student to go no eligibility probation.

1. Athletes suspended for contract violations or ineligible students may NOT join athletic teams after the date of the first regularly scheduled athletic contest. This policy applies to "cut sports" only and is intended to insure that spots on the team rosters are not being reserved for currently ineligible students. This does not apply if teams are unable to fill rosters with available students who initially try out.

2. New students moving to M.S.A.D.# 9, or in_coming freshmen from Mt. Blue Middle School who have maintained a passing cumulative average in all classes at their previous school will be eligible for extra_ curricular participation as soon as they are officially registered for classes in M.S.A.D.# 9 schools.

A coach may suspend a student from an activity for a period of time not to exceed five (5) days.

Should a coach feel that a suspension in excess of five (5) days is appropriate, the coach shall suspend for five (5) days and forward his recommendation for a longer suspension period to the Athletic Director and the principal. Extended suspensions will be at the discretion of the principal.

All suspensions will be followed by a letter to the parent stating the reason for the suspension, whether the coach is recommending to the principal a longer suspension period, and an invitation for the parent to meet with the coach and/or Athletic Director and/or principal.

If, following the meeting with the school personnel, the parent is not satisfied, the parent may appeal the decision to the Superintendent of Schools and ultimately to the Board of Directors.

Whenever school is closed for the day due to hazardous traveling conditions or whenever school is closed early or the shuttle bus cannot run due to hazardous road conditions, all co-curricular activities involving students will be cancelled.

Good discipline in the school is extremely important to the school program. Without good discipline the school cannot discharge its primary responsibility in the development of citizenship. Without good discipline, students cannot realize their greatest opportunities for growth. In maintaining discipline, teachers must be able to proceed with the assurance that support will be forthcoming from the principal, the Superintendent, and the Board. The following guides to good discipline are recommended:

A. Good discipline is usually positive rather than negative in nature. It consists of keeping students interested and busy doing something constructive rather than punishing them for doing things that are anti-social.

C. Conference with teachers, principals, and parents should be effectively employed to bring about acceptable classroom behavior.

Teachers shall have the authority to develop guidelines and rules for establishing a classroom climate where learning can occur. These rules and guidelines shall be subject to approval by the building administration. Physical force shall not be used.

Teachers shall utilize every resource to give guidance to their pupils and shall refer only extreme cases of discipline to the principal.

The principal, and ultimately the Superintendent, shall provide for the suspension or other serious punishment of students in accordance with Board policies.

A teacher is justified in using a reasonable degree of force against any student who creates a disturbance when and to the extent that the teacher reasonably believes such force is necessary to control the disturbing behavior or to remove such student from the scene of such disturbance. Except in cases requiring immediate use of force to prevent injury or damage to persons or property, the teacher shall not use force until the teacher first verbally warned the student clearly that unless the disturbance ceases, force shall be used. In no case shall there be used more than the amount of force necessary to control the disturbing behavior or to remove the student from the scene of the disturbance.

Any force that creates a substantial risk of serious injury (bodily) or extraordinary pain is deemed to be an unreasonable degree of force.

Any teacher who uses physical force must make a written report to the area or building principal who shall immediately forward a copy to the Superintendent.

Students in Grades 7-12 may be assigned detention for disciplinary reasons. Students who are given detention shall have a one (1) day's notice in order that they may arrange for transportation following the detention. School officials shall be responsible for supervision during the detention period; however, upon completion of the detention assignment, students must leave the school property and the school shall have no further responsibility for their supervision.

Students assigned detention by either teachers or the main office must report to detention hall on time prepared to work quietly for the entire detention period. Parents will be notified of all detention.

All students at Mt. Blue High School and Mt. Blue Middle School who do not report to a regular detention will face further disciplinary action.

In grades below 7, student detention is a building option. Detention may be during the school day or after school. In cases when after school detention is utilized, adequate notice will be given. Parents will be expected to provide transportation for after the detention period.

Expulsion - The Board of Directors may expel any obstinately disobedient and disorderly student, after proper investigation and hearing, if expulsion is necessary to the peace and usefulness of the school. The student may be restored on satisfactory evidence of repentance.

Suspension - Principals have the authority to suspend students for definite periods of time to maintain good order in the schools. Suspension may be given for something done off as well as on school property if it is established that it is reasonably necessary for the physical or emotional safety and well-being of the school community or members thereof.

K. Harassment (verbal, physical, sexual, etc.) send home for the remainder of the day, meeting with parents/guardian before re-admission.

A. A minor infraction may result in a long-term suspension if the student involved has a poor disciplinary record.

B. In severe cases, the student may gain consideration of readmittance only following a meeting of the student, the parents, the principal, and the Superintendent.

C. In very severe cases, the student may gain consideration of readmittance only following a meeting of the student, the parents, the administration, and the Board of Directors.

It should be noted that these are guidelines and that many other factors affect decisions relating to suspensions. When circumstances dictate a major deviation from the guidelines, the building administrator shall consult with the Superintendent's office prior to making a final decision.

1. Inform the student either orally or in writing of the charge against him/her.

2. Inform the student of the basis of the charge (names of witnesses, or informers, need not be revealed at this time; and,

B. If the presence of the student in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the administrator may:

2. Comply with A.1, 2, and 3, in the immediate future (within one (1) or two (2) days).

1. The principal must notify the parents or guardians immediately by phone or by mail.

2. The principal must notify the Superintendent immediately of the suspension.

3. Either the Board or the Superintendent may reinstate the student after suspension.

Expulsion or Suspension - For expulsion or suspension of greater than ten days:

A. A hearing must be held within a reasonable period of time after suspension.

D. Students are entitled to the rudiments of adversary proceeding. These may include:

3. The right to demand that any such witnesses appear in person to answer questions; and,

E. A record should be kept of hearing procedures. Students are entitled to a copy of the transcript at their own expense.

G. If the School Directors find the student innocent of the alleged act or acts, the student may request that any written entry referring to the incident be expunged from his/her school records.

Students may appeal a decision made by the principal to the Superintendent and the Board of Directors. If this is unsuccessful, they may appeal to the courts.

File : JKGA

The 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 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 School Board any needed changes in this policy.

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.

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.

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.

These procedures are established for the purpose of meeting the obligations of the school unit under state law and local 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.

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.

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.

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.

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:

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.

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. 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.

E. 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.

F. 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.

G. 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).

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:

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, 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.

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.

MSAD No. 9 recognizes the right of each student to perform in an atmosphere which is free of intimidation, ridicule, hostility and offensiveness. In order to insure such an atmosphere, MSAD No. 9 employees should not engage in harassment of students and students should not harass other students. Harassment is abuse based upon race, color, sex, religion, age, national origin or disability. Acts of this nature are not only a violation of this policy but also constitute illegal discrimination under state and federal laws.

B. Threats which imply physical abuse or are inappropriate to an educational setting;

Students should also be advised of the importance of informing the harasser that his/her behavior is unwelcome, offensive, in poor taste, or highly inappropriate; however, if a student feels uncomfortable with confronting the harasser, the student is encouraged to inform the Affirmative Action Coordinator at the earliest opportunity. Students who believe that they are victims of harassment, should report such occurrences to the Affirmative Action Coordinator. The Affirmative Action Coordinator shall advise the person who has allegedly been harassed of the various options available to the person: Title IX civil action, formal request for discipline by the MSAD No. 9 Superintendent and/or School Directors, or filing a complaint under Title VII to the Director, United States Office of Civil Rights, Department of Health and Human Services, JFK Federal Building, Government Center, Boston, MA 02103.

File: JLCB

IMMUNIZATION OF STUDENTS

All students who enroll in MSAD #9 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, and rubella, and varicella (chicken pox)..

Non-immunized students shall not be permitted to attend school unless one of the following conditions is 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 his/her 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.

D The parents/guardians grant written consent for their child to be immunized by a public health official, physician, nurse, or other authorized person employed by or acting as an agent of the school system.

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 Sections 6352-6359

Chapter 126 (ME Dept of Ed Rules)

Cross Reference: JLCC – Communicable Infectious Diseases

JRA – Student Educational Records

Adopted: June 8, 1999

Reviewed: June 4, 2002

Revised: January 28, 2003

In cases where a student has contracted or been exposed to a communicable disease, the Superintendent or his designee and the school nurse shall consult with the parents or guardians of the child involved, the school doctor, and the child's doctor prior to arriving at a decision regarding the most appropriate program for the child. Programs considered shall include but not be limited to the regular school program, a modified school program, home instruction, and institutionalized instruction. School officials shall rely heavily on the advice of the doctors involved and shall make every reasonable effort to accommodate the wishes of the parent(s) or guardian(s).

The purpose of this policy is to establish what actions shall be taken in the event that MSAD No. 9 is made aware that a student attending school is infected with HIV.

This policy has been adopted to assure that the rights and safety of all parties are preserved.

A. In general, MSAD No. 9 shall provide educational opportunities for students infected with HIV just as it does other students. This shall include attendance in regular class settings.

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 MSAD No. 9 is concerned that a particular student poses a public health threat to others, advice may be requested from the Bureau of Health. The Superintendent may also consult on a strictly confidential basis with the District's attorney.

C. If the Bureau of Health determines that conditions exist which suggest that a student with a Human Immunodeficiency Virus (HIV) 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. Current 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 Human Immunodeficiency Virus (HIV) 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 a 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 the 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 physician in the event that the designated team member becomes aware that infections occur in the school population that may place an immunodeficiency 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 Human Immunodeficiency Virus (HIV) or other agents transmissible through blood and other body fluids, MSAD No. 9 shall follow standard procedures for cleaning bodily fluid spills. These procedures shall be reviewed annually by all school staff members.

H. MSAD No. 9 will seek to provide educational programs to inform parents/ guardians, students and staff regarding HIV/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.

MSAD #9 MEDICATION POLICY

Guidelines for Administration of Medication in School

The Board of Directors acknowledge that in certain instances it may be necessary for a student to have medication administered to him/her while in attendance at school. Although the Board discourages the administration of medication on school premises where other options exist, it shall not deny educational opportunities to students requiring the administration of medication in order to participate in the school program and/or where there are no other options.

1. In the event that no alternative exists, the parent/legal guardian may request in writing that medication be administered to the student during the school day. Such written request shall be on a school supplied form. It acknowledges and agrees unlicensed personnel may administer the medication. The request indicates that information regarding the student’s medication may be shared with appropriate school personnel.

2. Parents may, if they so choose, reveal the reason (diagnosis) for the administration of medication; however, the provision of such information is optional and disclosure shall not be compelled.

PHYSICIAN-PRESCRIBED MEDICATIONS

1. All prescribed medications must be in a container supplied by the provider or pharmacy labeled with the following information: name of drug, dose, time medication is to be taken, reason for medication, and known side effects.

2. The physician should alert the school when a student might experience a serious reaction while receiving prescribed medication. Any potential severe reaction warning should include suggested school personnel’s appropriate response.

3. The parent or guardian must sign the school supplied medication permission form.

4. Medication permission forms will be valid for the school year only.

NON-PRESCRIPTION MEDICATIONS

1. In certain cases a nurse may be requested by phone to give a one-time dose of medication by a physician or a parent. A written authorization is needed for continued doses.

2. Students will be allowed to take over the counter medication when the parent has provided a written school supplied medication permission form. The signed note should include: medication to be given, the time it may be taken, and the reason for its administration. The requested dose must be consistent with the manufacturer’s prescribing guidelines

3. The note will be valid during that school year only, and shall remain a permanent part of the student’s health record.

5. Students over age eighteen will not need parental permission to take medication.

6. Certain low risk, over the counter products may be used without parental permission. These are: calamine lotion, triple antibiotic ointment, first aid cream and hydrocortisone cream.

SECURITY AND STORAGE OF MEDICATION

1. All medication shall be delivered to the school in its original container by the student’s parent/legal guardian. In the event this is not practical, the parent/legal guardian will contact the school in order to make alternate arrangements. Medicines given to students for attention deficit disorder and prescription pain relievers cannot be transported on the school bus by the student. They must be brought to school by the parent.

2. All medication will be appropriately maintained and secured by the designated school official.

3. Only a limited, necessary supply of medication can be kept in the school. Medication no longer required must be removed by the parent/legal guardian. Furthermore, it shall be the parent’s responsibility to notify the school of any changes in or the discontinuation of a prescribed medication that is being administered to the child in school.

4. A record shall be kept each time a medication is administered to a student. The administration of medication will be documented in ink on individual medication records. The signed medication permission form and the medication record will be come part of the student’s permanent health record.

5. In exceptional cases, when a student is considered by the parent or nurse to be sufficiently responsible, he/she may be given special permission to carry his/her personal medication and to take it when necessary. This action still requires written permission from the parent or physician. Examples of this include: inhalers, epi-pen,

6. School personnel will either return to parent or destroy (with permission of the parent or guardian) any unused, discontinued or obsolete medication. Medicine which is not repossessed by the parent or guardian within a seven (7) day period of notification by school authorities will be destroyed by the school nurse.

7. All unlicensed personnel who administer medication must receive training before being authorized to do so.

8. The principal and school medical personnel will monitor compliance with this policy and administrative procedures.

9. When medication is returned to parents, a note shall be signed by the parent indicating receipt of the medication.

Parents should assume responsibility for informing the school in writing of any change in the child’s health or medication. Responsibility for seeing a physician on a regular basis and following a physician’s instructions rests with the parent. Failure to comply with the recommended protocol will be grounds for the school to discontinue the administration of the medication in question. The school may refuse requests for the administration of medication during the school day. A copy of this policy and any required forms will be provided to parents and physicians upon request.

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."

4) Did the person making first report contact DHS independently: ______YES _______ NO

___________________________________________________________________________________

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): ______________________

___________________________________________________________________________________

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):__________________________________

File: JLF-R

SUSPECTED CHILD ABUSE AND NEGLECT - REGULATION

Any and all reports and documentary records generated under this policy shall be confidential and shall be maintained as required under 20-A M.R.S.A. sec. 6001 as amended.

In all instances when a staff member of the Maine School Administrative District No. 9 has reason to suspect that child abuse and/or neglect has occurred that staff member shall make the report to the Maine Department of Human Services as required by statute and shall also make a report to the Principal of the school building in which the child is enrolled.

The Principal shall be the administrator responsible for supervising all subsequent aspects of the process. In appropriate situations the Principal may delegate responsibilities to the Special Services Director.

The Principal or the Principal's designee shall:

1. Notify the Superintendent in a timely manner; and,

2. Follow the procedures set out below:

Parental Notification

Parental notification shall be made as soon as it is appropriate unless after consultation with an intake worker from the Department of Human Services (DHS) it is determined that there is a threat of harm to the child in which case there shall be no notification to the parents.

Investigation

A. Investigation of reported, suspected cases of child abuse and/or neglect is the responsibility of the DHS. School personnel will cooperate with the DHS's investigation by providing pertinent information and personnel observations which are necessary for an appropriate assessment of the child's welfare.

B. The Principal or the Principal's designee will request notification by DHS representatives of any student referred by MSAD No. 9 staff members regarding the following:

1. When an investigation is being conducted where MSAD No. 9 staff members are not the referring agents and it is in the interest of the child that the school department become involved;

2. When and to whom a case is assigned;

3. When a case is closed; or,

4. Anytime a student needs to be interviewed at school.

Interviewing Children

A. The DHS representative may interview a child on school property and/or during school hours without prior notification to the parent or legal guardian when:

1. The DHS has reason to believe that prior notice would increase the threat of serious harm to the child or another person; or,

2. The child has initiated direct or indirect (not involving MSAD No. 9) contact with the DHS.

B. The Principal or the Principal's designee will authorize such interviews upon request of the DHS representative with verification of identity of the DHS interviewer as a duly authorized representative of the DHS which verification includes the name or names of the student to be interviewed.

C. The only function of MSAD No. 9 is to provide space for the interview to take place. The Principal shall neither encourage nor discourage the child from participating in the process. The Principal or the Principal's designee may be present during any interview conducted on school property. If the Principal or the Principal's designee elects not to be present during the entire interview that person shall be present at least at the beginning and at the end of the interview to clarify reasons for the interview and to understand and describe to the student the process and that person's immediate and on-going responsibilities to the student.

Communication Linkages

A. If MSAD No. 9 experiences difficulties in a particular case the Principal shall coordinate with the Director of Special Services of the District so the Director can make contact with the Supervisor of the DHS social worker.

B. If DHS experiences difficulties in a particular case, the DHS supervisor or Regional Program Manager shall contact the Superintendent of Schools of MSAD No. 9.

C. MSAD No. 9 personnel must call DHS to report suspected abuse or neglect. Immediately thereafter the reporting person shall complete paperwork informing the Principal or the Principal's designee of the report giving the name of the DHS person to whom the initial report was made.

D. The Principal shall provide a copy of all paperwork to the Director of Special Services who shall maintain records of all reports and investigations generated under this policy.

Adopted: April 4, 1995

C. Try to obtain any possible weapons, pills, or substances the student may have.

E. Have someone call parent. If parent is not available, a staff member should go with the student.

b. Determine a possible support structure for the short term (e.g., parents, guidance counselor, clergy, substance abuse counselor).

2. With the student's friends - Determine need for support and possible means.

File: JRA

STUDENT EDUCATIONAL RECORDS

It shall be the policy of MSAD No. 9 to provide for the confidentiality of all student education records that are maintained by MSAD No. 9, as required by both Maine law and the Federal Family Educational Rights and Privacy Act (FERPA).

MSAD No. 9 shall provide annual notification to the parents of students currently in attendance and to eligible students (18 years old or older) of their rights in relation to the student education records being maintained by MSAD No. 9.

MSAD No. 9 designates the following information about students as directory information: name, the student’s participation in officially recognized activities and sports, height and weight of student athletes and grade level in school of students in extracurricular activities, date of attendance at MSAD No. 9 schools, and honors and awards received.

MSAD No. 9 may disclose directory information about students in attendance if it has given the notification required by FERPA to parents of the students and to eligible students and has not received timely written notice refusing permission to designate some or all of the types of information about a student as directory information.

Under Maine law, MSAD No. 9 shall not publish on the Internet without written parental consent any information, whether directory or otherwise, 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.

The Superintendent, in consultation with other school administrators of MSAD No. 9, may develop and promulgate procedures of implementing this policy, including a description of the access rights of parents, students, and educational personnel to records and the confidentiality rights of parents and students. Such procedures may be amended from time to time, as necessary.

A copy of the policy and procedures shall be posted in each school. Parents shall be notified annually of the policy and procedures.

Legal Reference: 20 USC § 1232g; 34 CFR Part 99; 20-A MRSA § 6001; and ME Dept. of Ed. Reg. Ch. 101 § 15; ME Dept. of Ed. Rules Ch. 125 § 12.01 (E)

Adopted: April 3, 2001

Reviewed: June 4, 2002

Revised: January 28, 2003

A. The right to inspect and review the student’s education records within 45 days of the day MSAD No. 9 receives a request for access.

Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

B. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.

Parents or eligible students may ask MSAD No. 9 to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading.

If MSAD No. 9 decides not to amend the record as requested by the parent or eligible student, MSAD No. 9 will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

C. The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by MSAD No. 9 as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom MSAD No. 9 has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

Upon request, MSAD No. 9 discloses education records including special education records, without consent to officials of another school district in which a student seeks or intends to enroll. A copy of all the student’s education records must be sent to any school administrative unit to which a student applies for transfer.

D. The right to file a complaint with the U.S. Department of Education concerning alleged failures by MSAD No. 9 to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

E. MSAD No. 9 may make public at its discretion personally identifiable information from the education records of a student without parental consent if that information has been designated as directory information by the school. MSAD No. 9 has designated the following information as directory information: the student’s name, participation in officially recognized activities and sports, weight and height of athletes, honors and awards received, and other information that would not generally be considered harmful or an invasion of privacy if disclosed.

Such information will not be disclosed if the parent of the student informs MSAD No. 9 in writing within 10 days of the first student day of the school year or within 10 days after enrollment, that such information is not to be designated as directory information with respect to that student. Any such notice should be sent to the Superintendent of Schools at the following address:

F. Federal law permits military recruiters and institutions of higher learning to request and receive the names, addresses and telephone numbers of high school students upon request, unless the student’s parent or eligible student notifies the school unit that he/she does not want such information released. Such information will not be disclosed if the student’s parent or eligible student notifies the school unit, in writing, that such information should not be released without his/her written consent. Any such notice should be sent to the building principal.

G. The MSAD #9 school system shall not publish on the Internet without written parental consent any information whether directory or otherwise, 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.

MSAD #9 maintains a more extensive policy and procedure concerning education records. This policy and procedure can be obtained by contacting the Superintendent’s Office, 11 School Lane, New Sharon, ME 04955 (207) 778-6571 or on the district web site at www. MSAD 9.com

Legal Reference: 34 CFR § 99.7; 20 U.S.C. § 7908, 20-A M.R.S.A. § 6001

I. INTRODUCTION

These procedures have been adopted to implement federal and state legislation establishing guidelines governing the manner in which student records are maintained and supervised. The purpose of the legislation is to ensure students and parents of a student access to their official records, to guarantee that these records are used only for legitimate educational purposes, and to ensure that the records are not released without the written permission of the student or parent of the student except as permitted by law. These procedures do not contain all the information contained in the federal or state legislation, but do adopt and incorporate such laws.

II. DEFINITIONS

The following definitions apply to terms used in this policy.

A. “Act” means the Family Educational Rights and Privacy Act (FERPA) (20 USC § 1232g).

B. “Directory information” means the following information contained in an education record of a student: Name, the student’s participation in officially recognized activities and sports, weight and height of student athletes, grade level in school of participants in extracurricular activities, date of attendance at MSAD No. 9 schools and honors and awards received.

C. “Eligible student” means a student who has attained eighteen years of age, 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 or is attending an institution of post-secondary education..

D. “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.

E. “Record” means any information or data recorded in any medium including, but not limited to, handwriting, print, computer media, video or audio tape, microfilm and microfiche, but excluding records of instructional, supervisory and administrative personnel and educational personnel ancillary to those persons 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 maker of the record.

F. “School” means MSAD No. 9 and each school within the system.

G. “Student” includes any individual with respect to who the MSAD No. 9 maintains education records.

III. ANNUAL NOTIFICATION OF RIGHTS

Each year parents of students attending school or eligible students attending school will be provided with a summary of their rights through any of the following means.

A. A letter to each parent or eligible student within MSAD No. 9.

B. Publication of the policy summary in a school newspaper, newsletter or handbook distributed to each parent or eligible student.

A model copy of that summary is attached to this policy as JRA-E. That summary shall also inform the parents of locations where copies of the Board’s policy statement and administrative procedure may be obtained.

A copy of this procedure, JRA-R, and the policy statement that is the basis for this procedure, JRA, Shall be posted in each school.

IV INSPECTION AND REVIEW OF EDUCATION RECORDS

Parents of students and eligible students may review and inspect their educational records by the following procedure:

A. The parent or eligible student must request in writing to review the records through the appropriate administrator.

B. The school will comply with the request within a reasonable period of time, but in no case more than 45 days after it received the request, and will comply before any meeting regarding an Individualized Education Program (IEP) or any due process hearing relating to the identification, evaluation or placement of the student.

C. The designated administrator will list the types and locations of all records, the names an titles of officials responsible for those records and names of non-school personnel who have received copies or reviewed the education records.

D. The school may deny a request for access to or a copy of the student’s record if there is a 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.

V DISCLOSURE OF EDUCATION RECORDS

A. The school will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent or eligible student. The written consent shall include a specification of the records that 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. Exceptions to these disclosure requirements are as follows:

1. As provided by 20-A MRSA § 6001-B, when a student transfers from MSAD No. 9 to another unit in Maine or any other state, a copy of all his/her education records, will be sent to the receiving school unit upon written consent by the parent/guardian or eligible student. At the request of the receiving unit, the student’s current or former school administrator will disclose orally or in writing whether the student seeking admission has been expelled, suspended or is the subject of an expulsion or suspension proceeding.

2. Personally identifiable information may be disclosed without written consent if the disclosure is to:

a. State and local educational authorities, the Comptroller General of the United States, or the Secretary of the U.S. Department of Education (including those acting for the Secretary) in connection with the audit and evaluation of federal and state supported educational programs or for enforcement of or compliance with federal legal requirements, and to state and local educational authorities as required by state statute and permitted by federal law.

b. School administrators, board members, officials, teachers and other school personnel, contracted providers of educational services for the student and lawyers within MSAD No. 9 who have legitimate educational interests.

c. Officials of another school, school system or institution of post-secondary education in which the student seeks or intends to enroll.

d. Institutions to which the student has applied for or has received financial aid if the information is necessary to determine the eligibility, amount or conditions of the aid or to enforce the terms or conditions of the aid.

e. Organizations conducting studies for, or on behalf of, educational agencies or institutions, including but not limited to studies to develop, validate or administer predictive tests.

f. Accrediting organizations for the purpose of carrying out their accrediting functions.

g. Parents of a dependent student, as defined in § 152 of the Internal Revenue Code of 1954.

h. Those as directed by a judicial order or lawfully issued subpoena, provided that reasonable effort is made to notify the parent of the student or the eligible student of the order or subpoena prior to compliance herewith, unless the subpoena or judicial order directs that the disclosure not occur.

i. A court of law, if relevant to an action brought by the parents of the child against the school unit, or brought by the school unit against the child or child’s parents.

j. Appropriate parties in a health or safety emergency provided that knowledge of the information is necessary to protect the health or safety of the student or other individuals. This disclosure may include the release of appropriate information to school officials in other school units about

disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student or other members of the school community, if the officials in the other school unit have a legitimate educational interest in the behaviors of the student.

k. Criminal justice agencies or other agencies that by court order or agreement, are responsible for the juvenile in circumstances as described in 20-A MRSA § 6001(3).

l. Other circumstances specifically permitted by law.

3. Directory information may be disclosed without parental consent about former students.

4. MSAD No. 9 reserves the right to make public at its discretion personally identifiable information from the education records of a student if that information has been designated as directory information as that term is defined under subparagraph B in section II of this policy, unless the parent of the student or eligible student informs the school in writing within 10 days of the first student day of the school year or within 10 days of enrollment, that such personally identifiable information is not to be designated as directory information with respect to that student.

5. The school unit will provide military recruiters and institutions of higher learning with the names, addresses, and telephone numbers of high school students, upon their request, unless the student’s parent/guardian or eligible student notifies the school unit in writing that he/she does not want such information released. Such information will not be disclosed if the student’s parent or eligible student notifies the school unit, in writing, that such information may not be released without his/her written consent.

A. All disclosures of information under this section will comply with regulations and guidelines provided by the Federal Government and the Maine Department of Education.

B. The school will maintain a record of disclosures of personally identifiable information from the education records of a student and will permit a parent or eligible student to inspect that record, except that such records shall not include disclosures to the parent of a student or an eligible student, disclosures pursuant to written consent, disclosures to school officials or disclosures of directory information.

C. All parents of students/eligible students may seek correction of education records of the student through a request to amend the records on the grounds that it is inaccurate, misleading or in violation of the privacy or other rights of the student. The school shall, within 15 days of receipt of the request, either amend the information in accordance with the parent’s/eligible student’s request or inform the parent/eligible student of its refusal to amend the information and advise the parent/eligible student of the opportunity for a hearing.

D. If the request is denied, the parents or the eligible student shall be entitled to a hearing upon request. The hearing shall be held within a reasonable period of time from the time the school receives the request, and the parents or the eligible student shall be given advance notice of the date, place and time of the hearing. The Superintendent may designate an individual to conduct the hearing. The individual may be an employee of the school unit but may not have a direct interest in the outcome of the hearing. The parents or the 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. The school 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.

E. If, as a result of the hearing, the school decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly and so inform the parents or the eligible student in writing.

F. If, as a result of the hearing, the school decides that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall inform the parents or eligible student of the right to place in the education records of the student a statement commenting upon the contested information in the education records and/or setting forth any reasons for disagreeing with the decision of the school.

G. Any explanation placed in the education records of the student under the preceding paragraph shall be maintained by the school as part of the education records of the student as long as the record or contested portion is maintained by the school, and if the education records of the student or the contested portion is disclosed by the school to any party, the explanation shall also be disclosed to that party.

When a student becomes an eligible student, the rights accorded to and the consent required of the parents of the student shall thereafter transfer to the eligible student.

A parent of a student/eligible student may waive any of his/her rights regarding confidentiality of educational records as set forth in this policy and in the Act, but such a waiver shall be in writing and signed by the parents or student as appropriate. The school may not require that a parent/eligible student waive his/her rights.

A waiver under this section may be revoked with respect to any actions occurring after the revocation. A revocation under this paragraph must be in writing. If a parent executes a waiver under this section, that waiver may be revoked by the student any time after he/she becomes an eligible student.

The school shall provide copies of education records to parents/eligible student upon request. The cost of producing copies of the record, if desired, to the parents/eligible student will be TEN CENTS (.10) per copy plus postage. This fee, however, will not prohibit a parent’s/eligible student’s opportunity for access to the records if they are unable to pay for such copies. There will be no charge to search for or to retrieve the education records of a student.

The school may destroy parts of an education record of a student when they are no longer deemed useful, subject to the following exceptions:

A The school may not destroy any education record if there is any outstanding request to inspect or review such records.

B The record of access maintained shall be retained for as long as the education record to which it pertains is maintained.

C The school 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 shall be destroyed at the request of the parents and may be turned over to parents or eligible student upon their request.

D A permanent record of a special education student’s name, address, phone number, grades, attendance record, classes attended and grade and year completed shall be maintained without time limitations.

The Secretary of the U.S. Department of Education maintains an office that will investigate, process and review complaints that may be filed concerning alleged violations of the provision of the Act. Complaints regarding violations of rights accorded parents and eligible students may be submitted in writing to the following address:

Legal Reference: 20 USC § 1232g; 34 CFR Part 99; 20-A MRSA § 6001; Me. Dept. of Ed. Reg. Ch. 101 § 15; ME Dept. of Ed. Reg. Ch. 125 § 12.01

File : JKGA

MSAD #9 MEDICATION POLICY

Guidelines for Administration of Medication in School

PHYSICIAN-PRESCRIBED MEDICATIONS

1. All prescribed medications must be in a container supplied by the provider or pharmacy labeled with the following information: name of drug, dose, time medication is to be taken, reason for medication, and known side effects.

NON-PRESCRIPTION MEDICATIONS

SECURITY AND STORAGE OF MEDICATION

File: JRA

STUDENT EDUCATIONAL RECORDS

Adopted: April 3, 2001

Reviewed: June 4, 2002

Revised: January 28, 2003

File: JRA-E

NOTIFICATION OF RIGHTS UNDER FERPA

Legal Reference: 34 CFR § 99.7; 20 U.S.C. § 7908, 20-A M.R.S.A. § 6001

File:JRA-R