TABLE OF CONTENTS A. Policy Maintenance 1. 2. 3.
The Role of Policy Policy Development and Adoption Policy Dissemination, Administration & Review
B. Board Membership 1. 2. 3. 4. 5.
Board Member Education Board Goal-Setting and Self-Evaluation Board Member Conflict of Interest Code of Ethics for School Board Members Production of Documents and Data Pursuant to Request by a Board Member
C. Board Procedures 1. 2. 3. 4. 5. 6. 6.R 7.A 7.B
Board Meeting Agenda Preparation and Distribution Board Meetings Public Participation at Board Meetings School Visits by Board Members Board Relations with School Personnel Board Commitment to Non-Discrimination Procedures for Handling Complaints of Discrimination Employee Contract Approval Administrative Professional Development Requests
D. Personnel 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
Personnel Recruitment, Selection, Appointment and Criminal Records Check Professional Development Staffing and Job Description Educator Supervision and Evaluation: Probationary Teachers Personnel Files Substitute Teachers Volunteers and Work Study Students Alcohol and Drug Free Workplace Resignations Public Complaints About Personnel Mandatory Drug & Alcohol Testing: Transportation Employees Harassment of Employees Health Insurance Portability and Accountability Act (HIPPA) Minimum and Optimal School District – Specific Average Class Size Policy K-8 Staff Conduct and Dress
E. Business and Non-Instructional Operations 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
Fiscal Management and General Financial Accountability Budgeting Financial Reports and Statements Risk Management Emergency Closings Safety and Security of School Facilities School Crisis Prevention & Response Tobacco Prohibition AIDS or HIV Idling of Vehicles Provision and Use of Automated External Defibrillator (AED)
F. Students 1. 2. 3. 4. 5. 6. 6.A 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 17-R 18. 19. 20. 20-B 21. 22. 23. 24. 25. 26. 27. 28. 29.
Student Conduct and Discipline Bus Discipline Search and Seizure Interrogation or Searches of Students by Law Enforcement Officers or Other Non-School Personnel Student Records Student Medication Authorization Form Alcohol and Drug Abuse Reporting Suspected Child Abuse or Neglect Transportation Student Activities (Elementary) Student Clubs and Activities (Secondary) Interscholastic Sports Admission of Resident Students Admission of Non-Resident Tuition Students Student Publications Tuition Payment Head Lice Procedures for Managing A Head Lice Outbreak Eighteen Year-Old Students Limited English Proficiency Students Prevention of Harassment of Students Prevention of Bullying of Students Weapons Student Assessment Participation of Home Study Students In School Programs & Activities Hazing WNESU School Attendance Policy Model Policy on Restrictive Behavioral Intervention Student Services: Federal & State Requirements Pupil Privacy Rights: Student Surveys Wellness
G. Instruction 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.
Curriculum Development & Coordination Copyrights Field Trips Selecting Library Materials Selection of Instructional Materials Complaints About Instructional Materials Educational Support System Local Action Plan Grade Advancement: Retention, Promotion & Acceleration of Students Special Education Acceptable Use of Electronic Resources & The Internet Animals on School District Property Animal Dissection Title I Comparability
H. School-Community Relations 1. 2. 3. 4. 5. 6.
School Community Relations Parental Involvement Community Use of School Facilities Public Solicitations/Advertising in Schools Visits to School by Parents, Community Members, or Media; Interviewing, Filming, Videotaping or Recording Annual School Reports
CODE A1 THE ROLE OF POLICY Policy It is the intent of the Board to outline direction and goals for the successful consistent and efficient operation of the Rockingham School District through the adoption of policies. Background Policy development is the board's most important responsibility and is specified in 16 V.S.A.§563(1). Policies of the District will be in compliance with Vermont law and federal statutes as well as state and federal regulations. These policies will also reflect and be consistent with educational objectives, procedures, and practices that are generally accepted in the public education field. Definitions Policies describe the direction the Board, with input from its community, has outlined for the school District. They provide a guide for action by the administration. Policies should serve, also, to inform and guide all people interested in or connected with the School District. Policies chart a course of action. They outline what is wanted; they may include why and how much and should always indicate the person responsible for implementing the policy. Policies should be broad enough to indicate a course of action for the administration to follow in meeting most situations; narrow enough to give clear guidance. Procedures (also referred to as rules or regulations) are the specific directions that indicate exactly how school personnel and others will carry out the policies adopted by the School Board. Procedures should be developed by school administrators and may be reviewed by the board. They may change more frequently than the underlying policy and do not require adoption by the Board.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (1) (Powers of school boards) Policy Development and Adoption (A2) Policy Dissemination, Administration & Review (A3)
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CODE A2 POLICY DEVELOPMENT AND ADOPTION Policy It is the policy of the Rockingham School District to adopt all policies in accordance with Vermont state law as outlined in 16 V.S.A. §563 (1). Policy Initiation Any person residing in or employed by the School District may suggest policies by providing a statement of need in writing to the Superintendent or Board clerk. Such suggestions will be considered by the Board and administrators to determine whether a policy is warranted to assure consistent and equitable school operations. Policy Development The Board, acting as a whole or through a policy committee, will seek appropriate public comment and administrative guidance as it considers proposals for policy development or revision. Comment and information will be sought in the following areas: 1. 2. 3. 4. 5. 6.
The specific need for the policy. The fiscal consequences of the proposed policy. The effect of proposed policy on administrators, students, teaching staff and the community. Samples of similar policies of other Boards. Applicable provisions of state and federal law. The anticipated costs and benefits of implementing, enforcing and evaluating the proposed policy.
Warnings Policies will be adopted by the Board only after appropriate public notice and opportunity for public comment as outlined in state law.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 6, 2006 16 V.S.A. §563 (1) (Powers of school boards) The Role of Policy (A1) Policy Dissemination, Administration & Review (A3)
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CODE A3 POLICY DISSEMINATION, ADMINISTRATION & REVIEW Policy It is the policy of the Rockingham School District to disseminate its policies broadly to all community members, to administer them fairly and to assure that there is regular periodic review of the District’s policies. Dissemination When policies are adopted, the Superintendent will publish and make them available to the public, students, and school personnel. A copy of the District policy manual will be available during the normal working day in the office and/or library of each school within the District. The student handbook will include Board policies related to student activities and conduct. The teacher handbook will include Board policies related to teachers' responsibilities. The Superintendent will develop other appropriate methods to familiarize and educate the school and general community about the District’s policies. Administration Policies will be administered through procedures and directives of the Superintendent of schools and members of the management team. It will be the responsibility of employees and students to know and follow Board policy. Policy Review All policies will be reviewed periodically and, if necessary or appropriate, revised or repealed in response to changing legislation or other altered circumstances.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (1) (Powers of school boards) 1 V.S.A. §316 (Access to records) The Role of Policy (A1) Policy Development and Adoption (A2)
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CODE B1 BOARD MEMBER EDUCATION Policy It is the policy of the Rockingham School District to encourage and support Board members’ efforts to remain knowledgeable about their roles and the issues with which they deal. Implementation Individual Board members will take advantage of opportunities to understand their roles; educational issues in general, school programs, State Department of Education functions and legislative activities. The Superintendent and Board Chair will be responsible for assuring that information on leadership development opportunities is available to all members. New members will participate in a district orientation session and other opportunities designed to familiarize themselves with all aspects of Board operation. Members who take part in workshops and seminars offered by the Vermont School Boards Association and other organizations will be reimbursed for travel and other expenses related to participation in training activities provided prior approval is obtained from the Board, and funds for these purposes are available.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 Board Goal-Setting & Evaluation (B2)
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CODE B2 BOARD GOAL-SETTING & EVALUATION Policy The Board will participate in goal-setting and self-evaluation activities developed or recommended by the Superintendent at least annually. Implementation Particular attention will be given to Board goals and performance in the following areas: Policy making Policy implementation Community relations Board interpersonal communication skills Board-Superintendent relations Fiscal/budget management The instructional program Labor relations Board in-service training Government relations
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 Board Member Education (B1)
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CODE B3 (Mandatory) BOARD MEMBER CONFLICT OF INTEREST Policy It is the ethical and legal duty of all School Board members to avoid conflicts of interest as well as the appearance of conflicts of interest. Implementation In order to comply with the obligations thus imposed, the Board and its members will adhere to the following recommended standards. 1. 2. 3. 4. 5. 6. 7.
Board members will be familiar with the VSBA or similar Code of Ethics, and will observe their provisions. Board members will be familiar with, and adhere to, those provisions of Vermont education law that define School Board powers and govern Board member compensation and public bidding processes. A Board member will do nothing intended to give the false impression that he or she has the authority to make decisions or take action on behalf of the Board or the school administration. A Board member will not take any action which is intended to give the impression that he or she would represent special interests or partisan politics for personal gain. A Board member will not use his or her position on the Board in any manner intended to unfairly promote personal financial interests or the financial interests of family members, friends or supporters. A Board member will not accept anything of value in return for taking particular positions on matters before the Board. A Board member will do nothing intended to leave the impression that his or her position on any issue can be influenced by anything other than a fair presentation of all sides of the question.
Avoiding Conflicts When a Board member becomes aware of involvement in a conflict of interest as defined in state law or this policy, he or she will declare the nature and extent of the conflict or appearance of conflict for inclusion in the Board minutes, and will abstain from voting or participating in the discussion of the issue giving rise to the conflict. Complaints of Conflict of Interest When a conflict of interest claim against a Board member is brought to the Board in writing and is signed by another Board member or a member of the public, and the Board member against whom the claim is made does not concur that a conflict in fact exists, the following Board procedures will be followed.
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1. 2.
Upon a majority vote of the remaining Board members, or upon order of the chair, the Board will hold an informal hearing on the conflict of interest claim, giving both the Board member and the person bringing the claim an opportunity to be heard. At the conclusion of the informal hearing, the remaining Board members will determine by majority vote to take one of the following actions: A. B.
C.
Issue a public finding that the conflict of interest charge is not supported by the evidence and is therefore dismissed. Issue a public finding that the conflict of interest charge is supported by the evidence and that the member should disqualify him or herself from voting or otherwise participating in the Board deliberations or decision related to that issue, as required by Vermont statute. Issue a public finding that the conflict of interest charge is supported by the evidence and, in addition to disqualifying him or herself from voting or otherwise participating in the Board deliberations or decision, the Board member should be formally censured or subjected to such other action as may be allowed by law.
Date Warned: Date Adopted: Legal Reference(s):
March 20, 2006 April 3, 2006 16 V.S.A. § 262(d) (Election of officers) 16 V.S.A. §557 (Gratuity/compensation prohibited) 16 V.S.A. §558 (Eligibility for election to school board) 16 V.S.A. §559 (Public bids) 16 V.S.A. §563(20) (Powers of school boards)
Cross Reference:
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CODE B4 CODE OF ETHICS FOR SCHOOL BOARD MEMBERS A school board member has no legal powers or authority unless acting at a school board meeting or acting for the school board after it formally grants power to act on its behalf. A school board member should perform the duties of a school board member in a manner consistent with this Code of Ethics. Board Governance 1. Attend all regularly scheduled board meetings, insofar as possible, and review study materials about the issues to be considered on each agenda. 2. Set goals for the school system and establish policies to direct its administration. 3. Maintain confidentiality of discussion conducted in executive session and of other privileged information. 4. Abide by board decisions regardless of how individuals voted. 5. Act only as a member of the board and do not assume authority as an individual in school matters when the board is not in session. 6. Be familiar with and observe Vermont education laws. 7. Listen to legal counsel and constructive criticism to protect the board and the school system from liability. Board-Administration Relations 8. Give school officials authority commensurate with their responsibility, work through the properly appointed school officials according to the school system's organization and policies, and support school officials in the performance of their duties. 9. Expect the superintendent to keep the board adequately informed through regular written or oral reports and hold the superintendent accountable through an annual job performance evaluation. 10. Refer complaints, requests, and concerns to the appropriate administrative personnel. 11. Use the chain of command and avoid making commitments or promises that compromise the board, administration or the school system. 12. Hear the recommendations of the superintendent and appropriate administrative personnel before making decisions. 13. Recognize that a board member’s responsibility is to see that schools are well run, but not to run them. Board Member Relations 14. Retain independent judgment and refuse to surrender that judgment to individuals or special interest groups. 15. Voice opinions responsibly, maintain good relations with other board members, respect other board members' rights and opinions, and make no disparaging remarks, in or out of the board meeting, about other board members or school staff. Instead, express opinions in a professional, fair manner. 16. Accept the responsibility to secure facts before arriving at conclusions. 17. Expect more time to be spent on educational programs and procedures than on business details at board meetings.
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Personnel Relations 18. Support employment of the best qualified people as school staff and insist on regular, impartial evaluation of all staff. 19. Hire no superintendent, principal or teacher already under contract with another school unless assurance is first secured from the proper authority that the person can be released from contract. Community Relations 20. Represent the entire community and vote for what seems best for the children and youth of the school system. 21. Interpret the attitudes, wishes and needs of the community to school staff and communicate the aims, methods and goals of the schools to the community. 22. Create an environment that fosters community participation and involvement. Conflict of Interest 23. Refrain from using board membership for political, personal or business advancement. 24. Recognize conflicts of interest and avoid being placed in a position of conflict of interest in hiring, letting bids, approving contracts and other financial affairs of the school system. Board Preparation And Training 25. Be informed about educational issues by individual study and through participating in programs providing needed information, such as those sponsored by the Vermont and National School Boards Associations. 26. Take advantage of opportunities to improve your knowledge and to build your skills as locally elected members of school governing boards. 27. Associate with board members from other schools to discuss school problems and cooperate in the improvement of public school conditions. 28. Provide assistance to new school board members and make sure adequate orientation and training opportunities are offered them.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006
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PRODUCTION OF DOCUMENTS AND DATA PURSUANT TO REQUEST BY A BOARD MEMBER
CODE B5
If a Board Member makes a request for a public document that the Administration has readily available, it will be provided to the Board Member without charge. If a Board Member makes a request for a public document that the Administration does not have readily available, but will have to expend Administrative resources to obtain from its files or records, it will be provided to the Member for the same charge as would be made if the document were requested by a non-Board Member. If a Board Member makes a request for a report, compilation, analysis, or for raw data or other information, that the Administration has not already generated or compiled into a public and readily available form, it will not be provided without the approval of the Board. At the time the Board considers the Member’s request, it will determine how, when and to whom the same is to be provided. If a Board Member makes a request for a non-public document, it will not be provided without the approval of the Board. At the time the Board considers the Member’s request, it will determine how, when and to whom the non-public document is to be provided. A “public document,” as used in this Policy, is a document that is required to be disclosed to any member of the public under the provisions of any applicable public documents law. A “nonpublic document,” as used in this Policy, is a document that has been determined by the Administration or the Board to be a document whose confidentiality is protected by any applicable public documents law.
Date Warned: Date Adopted:
April 22, 2008 May 12, 2008
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CODE C1 BOARD MEETING AGENDA PREPARATION AND DISTRIBUTION Policy It is the policy of the Rockingham School District to assure that Board meeting agendas are developed and distributed in a way that allows open access to the process. Agenda Preparation The Superintendent will prepare all agendas for meetings of the Board after consultation with the Board Chair. Items of business may be suggested by any Board member, staff member, student, or citizen of the District. The inclusion of items will be at the discretion of the Board Chair and Superintendent, unless a majority of the Board votes to place an item on the Board’s agenda. The agenda will include all items on which the Board will take action and any proposed executive sessions including the reasons for such sessions. Agenda Distribution The agenda, together with supporting materials, will be distributed to Board members by the Superintendent 72 hours prior to regular meetings and as soon as practicable before special meetings. Copies of the agenda will be available at meetings. Upon request, the press, school staff, students, community members and concerned persons will be provided with copies of the agenda in advance of regular or special meetings. In all instances, the Superintendent and Board will adhere to the provisions of 1 V.S.A. §312 regarding notice and agenda distribution.
Date Warned: March 20, 2006 Date Adopted: April 3, 2006 Legal Reference(s): 1 V.S.A. §§310 et seq. (Public meetings) Cross Reference: Board Meetings (C2) Public Participation at Board Meetings (C3)
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CODE C2 BOARD MEETINGS Policy All Board meetings will be held in compliance with Vermont’s open meeting laws, 16 V.S.A. §§310 et seq. Schedules Regular School Board meetings will be held on the 1st and 3rd Mondays of each month at a Rockingham School, or other public places, starting at 7:00 P.M. The meeting schedule is posted in three public locations: Rockingham Schools, Municipal Office and the Central Office. The usual order of business at regular meetings will be: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Call to order Adjustments to the Agenda Review and Approve Minutes Communications and Public Comment Reports Other Business/Action Items Unfinished Business Directors Comments Date of Next Meeting Appointments and/or resignations Executive Session: (Action may follow) Adjournment
Special and emergency meetings will be called by the Chair on his or her own initiative or when requested by a majority of the Board and warned appropriately. Only items on the agenda may be discussed at these meetings. An agenda for each meeting will be prepared by the Superintendent after consultation with the Board Chair and in compliance with Board policy on agenda preparation. Conduct of Board Meetings Meetings will be conducted in accordance with the latest edition of Robert’s Rules of Order for Small Boards. Executive Sessions Executive sessions of the Board will be convened only for the purposes stated in 16 V.S.A. §313. Minutes of executive sessions will NOT be kept though notes may be taken if the Board determines that is necessary. Any notes taken will not be made public and Board members will not make public the confidential issues discussed during an executive session. Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
November 22, 2006 December 4, 2006 1 V.S.A. §§310 et seq. (Public meetings) 16 V.S.A. §554 (School board meetings) Board Meeting Agenda Preparation and Distribution (C1) Public Participation at Board Meetings (C3)
CODE C3 PUBLIC PARTICIPATION AT BOARD MEETINGS Policy
It is the policy of the Board to encourage public participation at its meetings. Background Public participation is very important to the successful function of the Rockingham School District. The Board wants to carry out its business with the benefit of public input and expertise. It also wants to keep the public informed and up-to-date on what is happening in the community’s schools. Implementation Reasonable rules of participation may be used to insure that meetings are conducted in an orderly fashion and that the business at hand is completed in a timely manner. Such rules may take into consideration such things as length of each speaker’s presentation and the number of times each speaker may comment. Persons Who May Address the Board 1. Any District resident 2. School staff members, students and parents 3. Individuals who have been requested by the Superintendent or the Board to present a given subject 4. Persons who are directly affected by matters on the Board agenda 5. Others at the discretion of the Board Public Comment on Agenda Items 1. The Chair will ask for comments on agenda items before action is taken by the Board. 2. When the number of people wishing to speak is large, the Board may authorize the Chair to use a speakers' list. Members of the public will be given an opportunity to sign the speakers' list, indicating which agenda item will be addressed. Public input on items not on the agenda 1. There will be time set aside for public input on items not on the agenda at every regular, special or emergency meeting of the Board. 2. The time allotted to this item will be assigned by the Chair or the person responsible for organizing the agenda. 3. The Chair shall rule out of order any presentation to the Board which breaches the privacy or other rights of students, parents or school employees, or which does not comply with Board policy on complaints.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 1 V.S.A. §§310 et seq. (Public meetings) 16 V.S.A. §554 (b) (School board meetings) Board Meetings (C2) Board Meeting Agenda Preparation and Distribution (C1) C3: Page 1 of 1
CODE C4 SCHOOL VISITS BY BOARD MEMBERS Policy
It is the policy of the Rockingham School District to encourage School Board members to become familiar with their schools, its programs and the needs of its staff and students. Implementation
Individual Board members may visit schools periodically to expand their knowledge of school programs and staff and student needs. These visits should follow prior notification to the Principal. Concerns raised as a result of school visits by Board members should be directed to the Superintendent.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006
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CODE C5 BOARD RELATIONS WITH SCHOOL PERSONNEL Policy It is the policy of the Rockingham School District to encourage School Board interactions with school personnel while respecting appropriate reporting relationships. At School Board Meetings The Board will request the appropriate administrative personnel to invite school personnel to School Board meetings regularly to discuss student achievement relative to their programs. Relations with the Principal Interaction between the Board and the Principal should take into account: 1. 2. 3.
the responsibility of the Superintendent to direct the administration and coordination of educational programs in the District; the periodic need of Board members for information most readily available from the school Principal; and the need to maintain a distinction between the administrative role of the Principal and the policy making role of the Board.
Relations with other School Staff 1. Individual Board members will communicate with staff members on matters of school business only at the direction of the Board as a whole. 2. Staff participation in the development of educational and personnel policies will be encouraged and facilitated by the Board 3. Board members will adhere to procedures required by Board policy and Vermont law related to collective bargaining and teacher evaluation.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §§1981 et seq. (Labor Relations) 16 V.S.A. §§1751 et seq. (Contracts, etc.) 16 V.S.A. §§243 et seq. (Principals) 21 V.S.A. §§1721 et seq. (Municipal Labor Act) Personnel: Recruitment, Selection, Appointment and Criminal Records Checks (D1) Staff Development (D2)
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CODE C6 BOARD COMMITMENT TO NON-DISCRIMINATION Policy The Board will not unlawfully discriminate against any person or group on the basis of race, color, religion (creed), ancestry, national origin, place of birth, sex, sexual orientation, disability, age, or marital status Notice of Non-Discrimination Applicants for admission and employment, students, parents, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the Bellows Falls UHS #27 District are hereby notified that this District does not discriminate on the basis of race, color, religion (creed), ancestry, national origin, place of birth, sex, sexual orientation, disability, age, or marital status in admission or access to, or treatment or employment in, its programs and activities. A person has been designated by the Rockingham School District to coordinate the District's efforts to comply with the regulations implementing Title VI, Title IX, and Section 504 of the Rehabilitation Act of 1973, and other non-discrimination laws or regulations. The designated coordinator is identified in the procedure accompanying this policy along with information on how that person may be contacted. Any person having inquiries concerning the Rockingham School District's compliance with the regulations implementing Title VI, Title IX, Section 504 or other state or federal non-discrimination laws or regulations is directed to contact the non-discrimination coordinator described above. Grievance Procedure In the absence of a controlling grievance procedure outlined in a collective bargaining agreement the procedure accompanying this policy will be in effect.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 9 V.S.A. §4502 (Public accommodations) 21 V.S.A. §§495 et seq. (Employment practices) 21 V.S.A. §1726 (Unfair labor practices) 20 U.S.C. §§1400 et seq. (IDEA) 20 U.S.C. §§1681 et seq. (Title IX, Education Amendments of 1972) 29 U.S.C. §206(d) (Equal Pay Act of 1963) 29 U.S.C. §§621 et seq. (Age Discrimination in Employment Act) 29 U.S.C. §794 (Section 504, Rehabilitation Act of 1973) 42 U.S.C.§§2000d et seq. (Title VI of the Civil Rights Act of 1964) 42 U.S.C. §§12101 et seq. (Americans with Disabilities Act of 1990) Personnel: Recruitment, Selection, Appointment and Criminal Records Checks (D1) C6: Page 1 of 1
CODE C6-R
PROCEDURES FOR HANDLING COMPLAINTS OF DISCRIMINATION The non-discrimination coordinator for the Rockingham School District for the period 20082010 are: Christopher Kibbe Assistant Superintendent 25 Cherry Street Bellows Falls, VT 05101
and
Sharon Reynolds Director of Instructional Support 25 Cherry Street Bellows Falls, VT 05101
Definitions 1 A grievance is a claim made by a student, teacher or employee of the School District or other person that he or she has been subjected to discrimination because of specific actions of the School Board or its employees. 2 A grievant shall be a student(s) and/or parent(s), employee, or other person making the claim. Intent Nothing contained within this grievance procedure shall be construed as limiting the right of an aggrieved person or persons to informally discuss a problem with the school administration or staff. Should such an informal process fail to resolve the situation, then a formal filing of a grievance may be made in accordance with the following procedure: Procedures (all days are calendar days) 1 Within 15 days of an alleged violation of this policy, the aggrieved shall submit in writing to the Superintendent or designee the nature of the grievance and the remedy sought. The Superintendent shall provide a written answer on the grievance within 5 days of the meeting. 2 If the grievance is not resolved at Step 1, then the aggrieved may, within 10 days of the denial, request in writing that the School Board or a committee of the School Board hear the grievance. The chair of the School Board or designee shall schedule a meeting before the Board or a committee of the Board within 15 days of receipt of the request. Such a meeting will be in a public or in an executive session depending upon the circumstances. The Board or its committee shall provide a written answer on the grievance within 5 days of the Board’s next regularly scheduled meeting. The decision of the Board or its committee shall be final and binding to the extent of the jurisdictional limits and authority of the School Board.
CODE C7.A EMPLOYEE CONTRACT APPROVAL In every case in which this Board shall authorize or approve any contract, agreement or action, and unless otherwise specifically provided in the Board’s authorization or approval, the Appropriate Officers are authorized to execute and deliver any and all instruments and documents that may be necessary to effectuate such authorization or approval. For purposes of this policy, “Appropriate Officers” means the Chair of this Board, the Superintendent or Assistant Superintendent.
Date Warned: Date Adopted:
January 9, 2009 January 21 2009 C7.A: Page 1 of 1
CODE C7.B ADMINISTRATIVE PROFESSIONAL DEVELOPMENT REQUESTS Policy It is the policy of the Rockingham School District to insure that administrators who seek professional development opportunities beyond that amount allowed in his/her contract be required to serve the district for at least two years after the completion of the professional development activity. Administrators who leave the district prior to the end of the two year period shall pay back to the district the entire cost of the professional development activity
Date Warned: September 10, 200 Date Adopted: September 21, 2009
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CODE D1 Recommended1
PERSONNEL RECRUITMENT, SELECTION, APPOINTMENT AND BACKGROUND CHECKS Policy It is the policy of the Rockingham School District to select for employment only persons of good character who have the skills and other qualifications necessary to fulfill job requirements while complying with the provisions of state law regarding the recruitment, selection and employment of school district employees and contractors. Persons subject to criminal record checks and abuse registry checks under this policy include all those recommended for full-time, part-time or temporary employment in the School District, including student teachers, and those contractors and employees of contractors who may have unsupervised contact with students and are subject by law to criminal record and abuse registry checks prior to or in the course of employment. The superintendent may request a name and date of birth or fingerprint-supported check of the criminal record of any current employee who has previously undergone a check at any time during the course of the record subject’s employment in the capacity for which the original check was required.2 The District shall ensure that adults employed in the schools maintained by the District receive orientation, information or instruction on the prevention, identification and reporting of child abuse as required by state law. The District will also provide opportunities for parents, guardians, and other interested persons to receive the same information.3 Definitions 1. The term “criminal record” as used in this policy shall have the same meaning as defined in 16 V.S.A. § 252(1).4 2. The term “unsupervised” as used in this policy shall have the same meaning as defined in 16 V.S.A. § 252(4).5 1
A school board policy on the recruitment and selection of employees is not explicitly required by state law. This model policy is intended to incorporate the various legal requirements that school districts must address when employing individuals to work as licensed or nonlicensed employees and as contractors or employees of contractors. The VSBA recommends that a policy on the recruitment and selection of employees be adopted by all school district and supervisory union boards. 2 16 V.S.A. § 256(a)(2) 3 See 16 V.S.A. § 563a. 4 “Criminal record” means the record of: (A) convictions in Vermont, including whether any of the convictions listed in 13 V.S.A. § 5401(10) (sex offender definition for registration purposes); and (B) convictions in other jurisdictions recorded in other state repositories or by the Federal Bureau of Investigation (FBI). 16 V.S.A. § 252(1). 5 “Unsupervised” means not in the presence of a responsible adult in the employ of or under the direction of the independent school or school district. 16 V.S.A. § 252(2).
3. The term “abuse registry” as used in this policy shall include the Vermont Child Protection Registry maintained by the Vermont Department for Children and Families and the Vulnerable Adult Abuse Registry maintained by the Vermont Department of Disabilities, Aging and Independent Living. 4. The terms “employ” or “employment” as used in this policy shall, as the context requires, apply to individuals who are, or are being considered for, full-time, part-time or temporary employment in the School District, including student teachers and those contractors and employees of contractors who may have unsupervised contact with students. Recruitment 1. The Board is committed to securing the services of the best personnel available. Only individuals who meet applicable state licensing requirements will be employed. 2. The Board seeks minority applicants in accordance with its policy pertaining to nondiscrimination (see C6). The District will attempt to provide an educational experience enhanced by the professional contributions of representatives of different races, physical conditions, sexes, ethnic backgrounds and age groups. 3. All personnel will be recruited by the District's administrative staff under the immediate direction of the Superintendent. 4. Written or electronic applications will be required of candidates for employment. The application will include a statement to be signed by the candidate listing the dates, locations and dispositions of any convictions, including findings of guilt, pleas of nolo contendere or guilty, for criminal violations. The application will also include a warning to the applicant that falsification of information on the application or during the application process will be grounds for dismissal if the applicant is hired. Selection 1. It is the policy of the Board to select employees solely on the basis of character, professional qualifications, and critical job requirements. Employees will be selected in a manner that does not unlawfully discriminate.6 The Superintendent shall require that all applicants, as a condition of employment consideration, cooperate fully with background investigations, supplying references and releases so the District can contact previous employers. Applicants the Superintendent is prepared to recommend for employment will be expected to provide fingerprints, releases and other information necessary to conduct criminal record background investigations. The costs of such checks will be borne by the (prospective employee) (the School District). All offers of employment will be conditioned upon completion of the background investigation and a finding that the information provided by the application during the pre-employment process was accurate, complete and truthful.
6
See, e.g. 21 V.S.A. § 495, et seq. (Fair Employment Practices) and 9. V.S.A. § 4500, et seq. (Public Accommodations Act).
2. The Superintendent shall request a criminal record check through the Vermont Criminal Information Center (VCIC) on any candidate he or she intends to appoint or is prepared to recommend for appointment. Requests will be made for fingerprint-supported criminal records from the FBI as well as criminal records from the state of Vermont and any state in which the Superintendent knows the applicant has resided or been employed. The Superintendent shall maintain such records in accordance with state law. 3. The Superintendent shall also request information through any available abuse registry to determine whether there are any substantiated abuse/neglect charges or sex offense convictions against an applicant before appointing or nominating a candidate for employment. The Superintendent shall maintain such records in accordance with state law.7 4. Employment conditioned on the completion of a background check may be terminated if it is determined that the employee failed to respond truthfully to questions about criminal activity or prior employment. In any event the Superintendent shall forward the information received from VCIC to the person about whom the request was made and inform the person of their rights to challenge the accuracy of the record and to determine the disposition of the record under 16 V.S.A. §§255(f), (g). 5. Providing a safe learning environment for students is a primary consideration in District employment decisions. The District will base such decisions on all relevant information, qualifications, and circumstances. Unfavorable background check information is not an automatic bar to employment, nor is a background check with no unfavorable information a guarantee of employment. However, no person convicted of a sexual offense requiring registration on the Vermont comprehensive sex offender registry shall be employed by the school district or supervisory union.8 Appointment 1. The appointment of licensed employees will be made by the Board subject to the nomination of candidates by the Superintendent of schools.9 2. Subject to any pre-employment screening processes approved by the Board and the requirements of the Collective Bargaining Agreement,10 the Superintendent shall appoint all non-licensed employees to be employed by the school district or supervisory union.11 3. Contracts of employment or other notification of employment will be conditional pending receipt of criminal records check information and evaluation of that information.
7
Sec. 5, Act 1 of 2009 (Adj. Session) Sec. 5, Act 1 of 2009 (Adj. Session) 9 16 V.S.A. § 242(3)(A) 10 The term “Pre-employment screening processes” as used in this model policy is intended to refer to background checks other than required criminal record and abuse registry checks, interviewing processes or other methods of assessing a candidate’s qualifications prior to appointment by the Superintendent. Pre-employment screening processes involving participation by employee groups, board members or other interest groups are not required, but are frequently used. 11 16 V.S.A. § 242(3)(B) 8
4. Upon completion of a criminal records check, the Superintendent shall: o
notify the person subject to the check about the District’s protocol for maintenance of criminal history files, and
o
ask the person subject to the check to indicate if his or her record should be maintained or destroyed after the retention period specified in the District’s user agreement with VCIC.
5. Employees who have been employed for fewer than two years in Vermont public schools are considered probationary teachers and may be offered a probationary contract. (See Model Policy D4 - Educator Supervision and Evaluation) 6. All offers of employment may be withdrawn based on the criminal records check report or upon a finding that the information provided by the applicant during the preemployment process was inaccurate, incomplete or untruthful.
Date Warned: Date Adopted: Legal Reference(s):
September 22, 2011 October 3, 2011 16 V.S.A. §§251 et seq. (Criminal record checks) 16 V.S.A. §242(3) and 563 (12) (Responsibility for hiring) Act 1 of 2009 (Adjourned Sess.) Act 108 of 2010
Cross Reference:
Board Commitment to Non-Discrimination (C6) Educator Supervision and Evaluation: Probationary Teachers (D4) Personnel Files (D5)
CODE D2 (Mandatory) PROFESSIONAL DEVELOPMENT Policy It is the policy of the Rockingham School District to support the important connection between educator professional development and improved student achievement and assure that professional and paraprofessional staff members broaden their knowledge and skills in order to contribute effectively to the achievement of the goals and strategies articulated by the school action plan. Principles to Guide Professional Development School priorities for professional development will be directly linked to student performance goals identified in the annual action plan. Professional development that increases educators’ knowledge of content, pedagogy, and creating effective learning environments will ultimately contribute to enhanced student performance. The school will develop a professional development system that is characterized as follows: 1. 2. 3. 4. 5. 6.
its primary focus is on improved student learning and achievement it is based on current, documented research findings it provides structure and substance that allow continuity it focuses on content and curricular needs as well as teaching methodology it includes the needs of all who contribute to the education system it is developed and directed by professional educators
Implementation The Principal will develop a process to analyze student performance data, best-practices research, state and local standards compliance and the action plan priorities all of which provide input to the creation of annual and multi-year professional development programs. A professional development committee composed of teachers and the administration will recommend a professional development plan that will contribute to the accomplishment of the District’s priorities. After consultation with the professional development and action planning committees, the Superintendent will recommend to the School Board a needs-based professional development plan and yearly calendar. The Superintendent will make recommendations to ensure adequate financial resources and time for educators to participate in appropriate professional development experiences. The administration will: 1.
2.
coordinate professional development activities with local and regional standards Boards to ensure that each professional educator’s Individual Professional Development Plan (IPDP) is, to the fullest extent practicable, aligned with the school’s action plan and professional development needs; provide adequate opportunities to prepare educators to utilize assessment data for the purpose of increasing student achievement and to improve the overall effectiveness of the curriculum;
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3.
for new teachers, ensure that appropriate training in standards-based instruction be provided, implement a system of mentoring for professional staff during the first two years of employment and ensure, to the fullest extend practicable, that the new teacher works with the local and regional standards Boards to establishes an IPDP for the licensure period.
The administration will at least annually report to the School Board the effectiveness of staff professional development and the relationship to the student achievement goals identified within the annual action plan. The School Board will negotiate employment contracts that place high priority on provisions that will support the District’s professional development system. The District’s professional development system will be in effect no later than September 1, 2002.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 1 V.S.A. §§ 310 et seq. (Open Meeting Law) 16 V.S.A. § 165 (a)(4) (Public School Quality Standards) 16 V.S.A. §§1981 et seq. (Labor relations - professional staff) 21 V.S.A. §§ 1721 et seq.(Labor relations) 16 V.S.A. §261a(5) (Duties of supervisory union boards) Vermont State Board of Education Rules §§2120.4, 2120.5 Board Member Education (B1) Board Goal-Setting and Self-Evaluation (B2) Educator Supervision & Evaluation (D4) Fiscal Management and General Financial Accountability (E1) Local Action Plan (G8)
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CODE D3 STAFFING AND JOB DESCRIPTIONS Policy It is the policy of the Rockingham School District to provide the level of staffing needed to accomplish the school system's goals and objectives. All staff positions will be created by the Board and only the Board may abolish a position. Positions may remain unfilled. Implementation Each time a new position is established by the Board, the administration will present for approval a job description for the position that specifies the qualifications required for the position, performance responsibilities, evaluation criteria, terms of employment, and supervisor. Employee evaluation will be based substantially on criteria stated in approved job descriptions. We will create job descriptions for positions already established in a timely way. In addition, guidelines for writing job descriptions will be developed using samples from other districts.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563(12) (Powers of school boards) Personnel Recruitment, Selection, Appointment and Criminal Records Checks (D1) Evaluation and Supervision of Staff (D4) D3: Page 1 of 1
CODE D4 EDUCATOR SUPERVISION AND EVALUATION OF EXPERIENCED AND PROBATIONARY TEACHERS Policy
It is the policy of the Rockingham School District to provide appropriate supervision and evaluation as a basis for improving the knowledge and skills of the school staff that will advance student achievement. Effective supervision and regular evaluation provide constructive feedback on teaching methods and materials enabling professional educators to improve their abilities to help all students achieve at high levels. Implementation The Superintendent will ensure that all those engaged in supervision and evaluation are appropriately trained to do so and have appropriate time allocated to carry out those responsibilities. The administration will develop procedures for the supervision and evaluation of educators. The Principal, in collaboration with the Superintendent, will implement those procedures that will be consistent with the following recommended guidelines: 1. 2. 3. 4. 5.
A job description will be developed for each professional educator’s position. Job descriptions will specify the required qualifications, performance responsibilities, general evaluation criteria, terms of employment and supervisor. Performance goals set by the educator and his/her supervisor will be clearly articulated. Evaluations will be based substantially on criteria set forth in approved job descriptions, articulated goals, and linked directly to the school’s needs to improve student performance as outlined in its action plan; Educator evaluations will be carried out as administration determines and in compliance with contractual requirements. In any case requiring discipline of a professional educator, applicable state law, due process procedures, and contractual requirements will be followed.
Principals will ensure that educator supervision and evaluation priorities are linked closely to the school’s current action plan. Probationary Teachers Teachers who have been employed for less than two school years in Vermont public schools are probationary teachers. The Principal will ensure that probationary teachers have intensive support, including the assignment of a mentor, regular supervision and at least two written evaluations each year during the two year probationary period. When the required evaluations have been carried out, the standard for non-renewal of a probationary teacher’s contract is any reason not prohibited by law, and the decision of the School Board is final in the absence of contrary provisions in the teacher’s contract. If the probationary teacher has not received at least two written performance evaluations per year of probationary service, the standard for non-renewable of contract is just and sufficient cause. The principal will ensure that all teachers in their first two years of teaching in a particular school will have regular supervision and at least two evaluations. Evaluations will be provided for all staff beyond the initial two-year period according to the current Manual for Staff Supervision & Evaluation. D4: Page 1 of 2
Administrators will use a variety of staff evaluation strategies based on current research that may include: 1. 2. 3. 4.
pre and post classroom visitation conferences; announced and unannounced classroom observations; educator performance feedback from students and parents which will not be included in the educator’s personnel file; formative and summative evaluation reports.
On the basis of evaluations carried out in accordance with this policy, the Principal will collaborate with the Superintendent to identify educators in need of intensive support or other special attention.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. § 165 (Public School Quality Standards) 16 V.S.A. § 563 (12) (Powers of school boards) 16 V.S.A. § 1752 (Suspension and dismissal) 16 V.S.A. §§1981 et seq. (Labor relations - professional staff) 21 V.S.A. §§1721 et seq. (Labor relations) Vermont State Board of Education Rules §§2120.4, 2120.5 Board Member Education (B1) Board Goal-Setting and Self-Evaluation (B2) Staffing and Job Descriptions (D3) Personnel Files (D5) Board Relations With School Personnel (C5) Professional Development (D2) Budgeting (E2) Local Action Plan (G8) Annual School Report (H6)
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CODE D5 PERSONNEL FILES Policy It is the policy of the Rockingham School District to develop and maintain complete and secure personnel files that accurately reflect the experience and service of each staff member employed by the District. Administrative Responsibilities 1. General Information: The Superintendent will maintain a personnel file for each employee of the District and, unless otherwise provided by master contract, its contents will be confidential and will be released only as required by law or after written waiver by the employee. Information which could be detrimental to an employee's job security will not become a part of an employee's file until the employee has examined same and been given an opportunity to append a response. 2.
Criminal Record Check Information: At the time of employment, a copy of the Superintendent's request for a criminal records check by the Vermont Criminal Information Center and a copy of the Center's response will be placed in a file developed for that purpose. Criminal history logs, processed release forms and criminal record information will be maintained for the retention period specified in the District’s user agreement with the Vermont Criminal Information Center.
3.
After the specified retention period, the record information and logs will be maintained or destroyed as follows: A. If the person who is the subject of the background check authorizes maintenance of the information, and the information is a notice of no criminal record, the information will be securely maintained by the School District indefinitely; B. If the person who is the subject of the background check authorizes maintenance, and the information is a criminal record or notice of the existence of a criminal record, the information will be sent by the Superintendent to the Commissioner of Education for secure maintenance in the central records repository; C. If the person who is the subject of the background check does not authorize maintenance of the information, the Superintendent shall destroy the information in accordance with the user agreement.
Employees’ Rights And Responsibilities An employee may examine his or her own personnel file by appointment with an appropriate administrator. Materials obtained prior to the employment of the individual are not available to employees. Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 1 V.S.A. §317 (c)(7) (Public records) 16 V.S.A. §§251 et seq. (Criminal records checks) Evaluation and Supervision of Staff (D4) Personnel: Recruitment, Selection, Appointment (D1) D5: Page 1 of 1
CODE D6 (Mandatory) SUBSTITUTE TEACHERS Policy It is the policy of the Rockingham School District to employ substitute educators who will meet the minimum qualifications outlined by Vermont Standards Board for Professional Educators (VSBPE) Rule, as well as the additional requirements established by this policy. Qualifications No person will be placed on the qualified substitute list unless that person has graduated from high school. ² ___________________________________________________________________________ Unlicensed Persons An unlicensed person may be employed as a substitute teacher for up to fifteen consecutive days per educator absence. The Commissioner of Education may grant an extension for an additional fifteen days upon application by the Superintendent when evidence of the unavailability of a licensed educator or other compelling reasons have been presented. The Superintendent may apply for additional extensions, or when appropriate, seek a waiver pursuant to Section 5350 of the State Board of Education Rules. Licensed Educators An unlicensed person may be employed as a substitute teacher for up to 30 consecutive calendar days in the same assignment.³ The Superintendent may apply to the Vermont Standards Board for Professional Educators or its designee for emergency or provisional licenses as provided in VSBPE Rules 5350 and 5360. Administrative Responsibilities A list of qualified substitute teachers, organized by grade level and subject, will be developed by the Superintendent or his or her designee for all schools in the District. The Superintendent or his or her designee will conduct an orientation session for substitute teachers each year. Each teacher under contract will compile a packet of information containing pertinent substitute teacher information as defined by the Principal. _____________________ ¹ See Rule 5381 of the Vermont Standards Board for Professional Educators (VSBPE). Each local school board shall adopt a policy establishing employment qualifications for persons who substitute for educators in their absence. Each policy shall require at a minimum that the substitute has graduated from high school. ² Note that the only minimal requirement for substitute teaching that is imposed by VSBPE regulations is that substitute teachers must have graduated from high school. At the option of the school board, additional requirements may be adopted and listed in this policy, ³VSBPE Rule 5382 4 The provisions in this section of this model policy are not required components of a school board policy on substitute teachers. They are intended to suggest subjects that might be included in a board policy on substitute teachers. Page 1 of 2
Substitute teachers will be paid per diem wages as determined by the Superintendent from year to year. Distinctions in pay level may be made based on the need for the substitute teacher to prepare lessons and assess and record student progress, on the length of service and on the credentials of the substitute teacher. Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
September 22, 2011 October 3, 2011 Vt. State Board of Education Manual of Rules & Practices §§5381, 5510, 5520 16 V.S.A. §558 (Employment of school board members) Personnel: Recruitment, Selection, Appointment and Criminal Records Checks (D1)
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CODE D7 (Mandatory) VOLUNTEERS Policy The Rockingham School District recognizes the valuable contributions made to the schools by volunteers. It further recognizes that appropriate supervision of volunteers will enhance their contributions as well as fulfill the responsibility that the School District has for the education and safety of its students. Definitions 1. Volunteer: A volunteer is an individual not employed by the School District who works on an occasional or regular basis in the school setting to assist the staff. A volunteer works without compensation or economic benefits. Administrative Responsibilities 1. Recruitment: The Principal is authorized to recruit and approve volunteers to work in the school. It is the Principal's responsibility to be reasonably sure that the volunteer is a person of good character with the ability to make significant contributions to the school. The Principal may require volunteers to complete information forms providing background information including, but not limited to whether the individual is currently a defendant in a criminal proceeding, the dates, locations and dispositions of any convictions, including findings of guilt, pleas of guilty, or nolo contendere, for criminal violations. A person who fails to provide full and accurate background information in response to the Principal's request will not be permitted to work with students. If the position for which a volunteer is being recruited involves regular unsupervised contact with students, the Principal will carry out a criminal records check on the final candidate in accordance with the District’s employment policy (D1). The District will not pay the fees associated with criminal records checks. 2.
Placement: Placement and replacement of volunteers will be made by the Principal or the Principal's designee.
3.
Conditions of Work: Volunteers will be informed by the Principal of the extent to which School District insurance policies protect them from personal liability resulting from claims against them based on negligence or other injurious conduct while acting in a volunteer capacity. They are not covered for their own injury or for damage to others if not performing their duties as assigned. There is no coverage for them personally.
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4.
Supervision: Generally, volunteers who work directly with students will be under the immediate supervision of a licensed professional employee and will not have unsupervised contact with students, except when that contact is of short duration and necessary in the context of activities planned by and under the direction of professional school staff or contractors employed by the school.
5.
Policies and Procedures: The Principal will assure that all volunteers are familiar with the School District’s Policies and procedures.
Responsibilities of Volunteers 1.
Volunteers are responsible for complying with school policies, rules and procedures.
2.
Volunteers will be considered staff members for purposes of compliance with the state and federal harassment statutes.
Date Warned: Date Adopted: Legal References:
Cross References:
April 21, 2009 May 4, 2009 4 V.S.A. §1102(b)(8) - (Unauthorized disclosure) 16 V.S.A. §565 (Harassment & hazing prevention) 16 V.S.A.§ 260 (Supervision policy requirement) 20 V.S.A.§§2062, 2063 (Fees) 20 V.S.A.§2056c - (Disseminating of criminal history) 21 V.S.A. §495 (Employment discrimination) 20 U.S.C. §§1681 et seq. (Title IX of the Education Amendments of 1972) 34 C.F.R. Part 106 (Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance ) 42 U.S.C. §§2000e et seq. (Title VII of the Civil Rights Act of 1964) 29 C.F.R. 1604.11 (Equal Employment Opportunities Commission) 42 U.S.C. §5119a - (Child Protection Act) Harassment of Students (F20) Harassment of Employees (D12) Personnel: Recruitment, Selection, Appointment & Criminal Records (D1)
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Procedures for CODE D7 Administrative Responsibilities 1.
Recruitment: The Superintendent/designee is authorized to recruit and approve volunteers and work study students to work in the school. It is the Superintendent’s/designee’s responsibility to be reasonably sure that the volunteer and work study student is a person of good character with the ability to make significant contributions to the school. The Superintendent/designee may require volunteers to complete information forms providing background information including, but not limited to whether the individual is currently a defendant in a criminal proceeding, the dates, locations and dispositions of any convictions, including findings of guilt, pleas of guilty, or nolo contendere, for criminal violations. A person who fails to provide full and accurate background information in response to the Superintendent’s/designee’s request will not be permitted to work with students. If the position for which a volunteer is being recruited involves regular unsupervised contact with students, the Superintendent/designee will carry out a criminal records check on the final candidate in accordance with the District’s employment policy (D1). It shall also include a name and birth date check with the Vermont Internet Sex Abuse Registry for any person being considered for service as a work study student. A person who is on the Vermont Internet Sex Offender Registry shall not be eligible to be a work study student. The District will not pay the fees associated with criminal records checks.
2.
Placement: Placement and replacement of volunteers will be made by the Superintendent or the Superintendent’s designee.
3.
Conditions of Work: Volunteers and work study students will be informed by the Superintendent/designee of the extent to which School District insurance policies protect them from personal liability resulting from claims against them based on negligence or other injurious conduct while acting in a volunteer capacity. They are not covered for their own injury or for damage to others if not performing their duties as assigned. There is no coverage for them personally.
4.
Supervision: Generally, volunteers and work study students who work directly with students will be under the immediate supervision of a licensed professional employee and will not have unsupervised contact with students, except when that contact is of short duration and necessary in the context of activities planned by and under the direction of professional school staff or contractors employed by the school.
5.
Policies and Procedures: The Superintendent/designee will assure that all volunteers and work study students are familiar with the School District’s Policies and procedures.
Responsibilities of Volunteers 1.
Volunteers and work study students are responsible for complying with school policies, rules and procedures.
2.
Volunteers and work study students will be considered staff members for purposes of compliance with the state and federal harassment statutes.
1.
Recruitment: The Superintendent/designee is authorized to recruit and approve volunteers and work study students to work in the school. It is the Superintendent’s/designee’s responsibility to be reasonably sure that the volunteer and work study student is a person of good character with the ability to make significant contributions to the school. The Superintendent/designee may require volunteers to complete information forms providing background information including, but not limited to whether the individual is currently a defendant in a criminal proceeding, the dates, locations and dispositions of any convictions, including findings of guilt, pleas of guilty, or nolo contendere, for criminal violations. A person who fails to provide full and accurate background information in response to the Superintendent’s/designee’s request will not be permitted to work with students. If the position for which a volunteer is being recruited involves regular unsupervised contact with students, the Superintendent/designee will carry out a criminal records check on the final candidate in accordance with the District’s employment policy (D1). It shall also include a name and birth date check with the Vermont Internet Sex Abuse Registry for any person being considered for service as a work study student. A person who is on the Vermont Internet Sex Offender Registry shall not be eligible to be a work study student. The District will not pay the fees associated with criminal records checks.
2.
Placement: Placement and replacement of volunteers will be made by the Superintendent or the Superintendent’s designee.
3.
Conditions of Work: Volunteers and work study students will be informed by the Superintendent/designee of the extent to which School District insurance policies protect them from personal liability resulting from claims against them based on negligence or other injurious conduct while acting in a volunteer capacity. They are not covered for their own injury or for damage to others if not performing their duties as assigned. There is no coverage for them personally.
5.
Supervision: Generally, volunteers and work study students who work directly with students will be under the immediate supervision of a licensed professional employee and will not have unsupervised contact with students, except when that contact is of short duration and necessary in the context of activities planned by and under the direction of professional school staff or contractors employed by the school.
5.
Policies and Procedures: The Superintendent/designee will assure that all volunteers and work study students are familiar with the School District’s Policies and procedures.
Responsibilities of Volunteers 1.
Volunteers and work study students are responsible for complying with school policies, rules and procedures.
2.
Volunteers and work study students will be considered staff members for purposes of compliance with the state and federal harassment statutes.
CODE D8 (Mandatory) ALCOHOL AND DRUG-FREE WORKPLACE Policy It is the policy of the Rockingham School District to maintain a workplace free of alcohol and drugs. No employee will unlawfully manufacture, distribute, dispense, possess or use alcohol or any drug on or in the workplace. Definitions Drug means any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined by state or federal statute or regulation. Workplace means the site for the performance of work for the School District, including any school building or any school premises and any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities. It also includes off school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event, where students are under the jurisdiction of the School District. Employee Responsibilities As a condition of employment, each employee will notify the Superintendent in writing of his or her conviction of any criminal drug statute for a violation occurring on or in the workplace as defined above. The employee must notify the Superintendent no later than five days after such conviction. Entry of a nolo contendere plea shall constitute a conviction for purposes of this policy, as will any judicial finding of guilt or imposition of sentence. Within 10 days of notification from an employee, or receipt of actual notice of an alcohol or drug conviction, the Superintendent will notify any federal or state officers or agencies legally entitled to such notification and the principal. As a condition of employment, each employee must abide by the terms of the School District policy respecting an alcohol and drug free workplace. An employee who violates the terms of this policy may be asked to satisfactorily complete an alcohol or drug abuse assistance or rehabilitation program approved by the Board. In addition, an employee who violates the terms of this policy will be subject to disciplinary action, including but not limited to nonrenewal, suspension or termination at the discretion of the Board. Administrative Responsibilities The Board will take action in accordance with the District’s policies and procedures as well as applicable state and federal law. The Superintendent will establish an alcohol and drug-free awareness program in the District to include information on the dangers of drug abuse in the workplace, the District's policy on an alcohol and drug-free workplace and any alcohol or drug counseling available to employees as well as any available rehabilitation and employee assistance programs.
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A copy of this policy will be given by the Superintendent or his/her designee to each District employee. The Superintendent or his/her designee will conduct a biennial review of the District's student and employee drug prevention programs as required by the Safe and Drug-Free Schools and Communities Act of 1994. The review will determine the effectiveness of the prevention programs and the consistency of the enforcement of disciplinary sanctions. Following each review, required changes will be implemented.
Date Warned: Date Adopted: Legal Reference(s):
March 20, 2006 April 3, 2006 21 U.S.C. §§1521 et seq. (Drug-Free Communities Act) 20 U.S.C. §§7101 et seq. (Safe and Drug-Free Schools and Communities Act of 1994) 21 C.F.R. §§1308.11 through 1308.15 21 V.S.A. §517 (Employer’s Authority)
Cross Reference:
D8: Page 2 of 2
CODE D9 RESIGNATIONS Removed as not deemed necessary by the Rockingham Board.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
D9: Page 1 of 1
CODE D10 COMPLAINTS ABOUT PERSONNEL Policy It is the policy of the Rockingham School District to see that complaints about teachers and support staff are considered in a timely manner that is fair to all parties. The District places trust in its employees and desires to support their actions in such a manner that employees are freed from unnecessary, spiteful, or unjustified criticism or complaints. Resolving Complaints The complainant shall be encouraged first to bring a complaint to the individual concerned. If the problem cannot be resolved with the individual concerned, it should be brought to the attention of the immediate supervisor or administrator within a reasonable time frame. The complaint should be in writing stating the issues and supporting facts. The individual employee involved shall be given every opportunity for explanation, comment, and presentation of the facts as he/she sees them. If the issue is not resolved by involvement of the immediate supervisor, the complainant may refer the issue to the Principal for his/her review and decision. In the event the Principal’s review does not lead to a satisfactory resolution, the complainant may submit the issue to the Superintendent for review and decision. In cases of alleged discrimination, the complainant should follow the procedures accompanying antidiscrimination policy (C6). Appeal to the Board If the above steps do not resolve the concern of the complainant, he/she may request a session of the Board for the purpose of reviewing the Superintendent's decision. If the School Board decides to hear the request of the complainant, it shall invite all parties involved including the appropriate school and supervisory union administrators to attend a meeting for purposes of presenting facts, making further explanations, and clarifying the issue. The Board shall conduct such meetings in a fair and just manner and shall render a decision. If the School Board does not decide to hear the request of the complainant, the decision of the Superintendent shall be binding. It is the intent of the Board that the rights of employees under collective bargaining agreements and Vermont law be protected through the administration of this policy. This policy does not apply to any matter that is covered by a collective bargaining agreement.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference(s):
March 20, 2006 April 3, 2006 16 V.S.A. §1752 (Suspension, dismissal) 1 V.S.A. §§310 et seq. (Open meetings) Board Commitment to Non-discrimination (C6) D10: Page 1 of 1
CODE D11 (Mandatory) MANDATORY DRUG & ALCOHOL TESTING: TRANSPORTATION EMPLOYEES Policy The School District will comply with the Omnibus Transportation Employee Testing Act of 1991. Administrative Responsibilities The Superintendent or his/her designee will implement procedures to conduct alcohol and drug tests for all safety sensitive transportation employees as required by the Testing Act. Specific Categories of Employees Subject to Testing This policy applies to safety sensitive employees. Safety sensitive employees are those who hold commercial drivers' licenses or who operate vehicles that may only be operated by holders of commercial drivers' licenses, or those who perform safety sensitive functions as defined in federal regulations. Why an Employee Will be Tested Employees will be tested for five prohibited drugs: marijuana, cocaine, opiates, amphetamines, and phencyclidine, and such other substances that may be added from time to time by federal or state mandates Tests will also be conducted for specific prohibited alcohol related conduct while performing in safety sensitive functions as required by federal regulations. No person may perform safety sensitive functions while having an alcohol concentration of 0.04 or greater as indicated by an alcohol breath test, while using alcohol, or within four hours after using alcohol. The performance of driving functions is prohibited within 24 hours of a test showing alcohol concentrations of 0.02 or higher. When an Employee Will be Tested Employees will be tested as follows: 1. 2. 3. 4. 5.
Pre-employment tests will be conducted before applicants are hired or after an offer to hire, but before actually performing safety-sensitive functions for the first time. Employees will also be tested when transferring from a non-safety sensitive position to a safety-sensitive position. Post-accident tests will be conducted after accidents (as defined by federal regulation) on employees whose performance could have contributed to the accident. Reasonable suspicion tests will be conducted when a trained supervisor observes behavior or appearance that is characteristic of alcohol misuse or prohibited drug use. Random tests will be conducted on an unannounced basis just before, during or just after performance of safety sensitive functions. Return to duty and follow-up tests will be conducted when an individual who has violated prohibited alcohol or drug conduct standards returns to performing safety sensitive duties. Follow-up tests will be unannounced and at least 6 tests will be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.
Refusal to Take Tests Refusal to submit to testing as required by this policy will constitute a verified drug or alcohol test result. An employee who refuses a required test will be subject to the same sanctions as an employee who tests positively for drug or alcohol misuse. D11: Page 1 of 2
Consequences of Alcohol Misuse Employees who engage in prohibited alcohol conduct will, at a minimum, be immediately removed from safety sensitive functions. Employees who have engaged in alcohol misuse will not be returned to safety sensitive duties until they have been evaluated by a substance abuse professional designated by the District and have complied with any treatment recommendations to assist them with an alcohol problem. In addition, employees who engage in prohibited alcohol conduct may be subject to further disciplinary action, up to and including dismissal. Consequences of Drug Use Employees who test positively for drug use will, at a minimum, be immediately removed from safety sensitive duty when a physician designated as the District's Medical Review Officer has interviewed the employee and determined that the positive drug test resulted from the unauthorized use of a controlled substance. If the positive test result is determined by the Medical Review Officer to be caused by the authorized use of a controlled substance, the employee will not be removed from the safety sensitive position. An employee will not be returned to safety sensitive duties until he/she has been evaluated by a substance abuse professional designated by the District or a Medical Review Officer, has complied with rehabilitation recommendations, and has a negative result on a return to duty test. Follow-up testing will be conducted to monitor the returned employee's continued abstinence from drug use. In addition, employees who engage in the unauthorized use of controlled substances may be subject to disciplinary action up to and including dismissal. Employee Education Programs The Superintendent or his or her designee will provide information and educational materials to safety sensitive employees and supervisors of safety sensitive employees on the consequences of drug and alcohol abuse and treatment resources in accord with the requirements of the Testing Act. At a minimum, supervisors of safety sensitive employees will annually be required to attend at least one hour of training on the signs and symptoms of drug use and an additional hour on the signs and symptoms of alcohol abuse. Rehabilitation and Treatment Programs Unless otherwise agreed through collective bargaining with employees, the District will not pay for the rehabilitation and treatment of any employee who has tested positive for drug or alcohol use, whether or not such rehabilitation and treatment is made a precondition of that employee's continued employment or return to a safety sensitive position. Cost of Testing Unless otherwise agreed through collective bargaining with employees, the District will not pay for tests required by the Testing Act or this policy. Dissemination of Policy Procedures Each employee covered by this policy, and a representative of a recognized local employee organization designated by an employee, will be provided with written notice of the District's anti-drug and antialcohol policies and procedures. Date Warned: Date Adopted: Legal Reference(s):
March 20, 2006 April 3, 2006 49 U.S.C. §§ 5331, 31306 (Omnibus Transportation Employee Testing Act of 1991) 49 C.F.R. Parts 40, 382, 391, 392, 395 and 653
Cross Reference: D11: Page 2 of 2
CODE D12 (Mandatory) HARASSMENT OF EMPLOYEES Policy The Rockingham School District District is committed to providing all employees a safe and supportive work environment in which all members of the school community are treated with respect. Harassment is a form of unlawful discrimination as well as disrespectful behavior, which will not be tolerated. The Rockingham School District shall provide employees a work environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, or communications constituting harassment as defined and otherwise prohibited by state and federal law. Definitions 1. Adverse Action: Includes any form of intimidation, reprisal or harassment such as any form of intimidation, reprisal or harassment such as suspension, termination, change in working conditions, loss of privileges or benefits or other disciplinary action in the case of employees. 2.
Employee: For purposes of this policy, an employee includes any person employed directly or through a contract with another company by the School District, agents of the school, School Board members and any student teacher, intern, school volunteer or work study student.
3.
Harassment: Harassment means unlawful harassment and constitutes a form of discrimination. It is verbal or physical conduct based on an employee’s race, religion (creed), color, national origin, marital status, sex, sexual orientation, age, ancestry, place of birth or disability which has the purpose or effect of substantially interfering with an employee’s work or creating an intimidating, hostile or offensive environment.
4.
School Community: Includes but is not limited to all students, school employees, contractors, unpaid volunteers, work study students, interns, student teachers, and visitors.
5.
Sexual Harassment: Is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: A. B. C.
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or Submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting such individual; or Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Examples Harassment can include any unwelcome verbal, written or physical conduct which offends, denigrates, or belittles an individual because of an employee’s race, creed (religion), color, national origin, marital status, sex, sexual orientation, age, ancestry or disability. Such conduct includes, but is not limited to, unsolicited derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting or the display or circulation of written materials or pictures.
Sexual Harassment Sexual harassment may include, but is not limited to, unwelcome touching, crude jokes or pictures, discussions of sexual experiences, teasing related to sexual characteristics, pressure for sexual activity whether written, verbal or through physical gestures, display or sending of pornographic pictures or objects, obscene graffiti, and spreading rumors related to a person's alleged sexual activities. Racial and Color Harassment Racial or color harassment can include unwelcome verbal, written or physical conduct directed at the characteristics of a person’s race or color such as nicknames emphasizing stereotypes, racial slurs, comments on manner of speaking, and negative references to racial customs. Religious or Creed Harassment Harassment on the basis of religion or creed includes unwelcome verbal, written or physical conduct directed at the characteristics of a person’s religion or creed such as derogatory comments regarding surnames, religious tradition, or religious clothing, or religious slurs or graffiti. National Origin Harassment Harassment on the basis of national origin includes unwelcome verbal, written or physical conduct directed at the characteristics of a person’s national origin such as negative comments regarding surnames, manner of speaking, customs, language or ethnic slurs. Marital Status Harassment Harassment on the basis of marital status includes unwelcome verbal, written or physical conduct directed at the characteristics of a person’s marital status, such as comments regarding pregnancy or being an unwed mother or father. Sexual Orientation Harassment Harassment on the basis of sexual orientation includes unwelcome verbal, written or physical conduct directed at the characteristics of a person’s sexual orientation such as negative name-calling and imitating mannerisms. Disability Harassment Harassment on the basis of a person’s disabling mental or physical condition includes any unwelcome verbal, written or physical conduct directed at the characteristics of a person’s disabling condition such as imitating manner of speech or movement, or interference with necessary equipment. Harassment includes, but is not limited to, examples cited in this policy. Reporting 1. Mandatory: It is the express policy of the Rockingham School District to encourage employee targets of harassment and employees who have first-hand knowledge of such harassment to report such claims. Employees who witness or are targets of harassment shall report the incident(s) immediately to their immediate supervisor or another administrator who is not the subject of the complaint as may be appropriate under the circumstances. Targets of harassment should directly inform the person engaging in the harassing conduct or communication that such conduct or communication is offensive and must stop.
2.
Privacy: Complaints will be kept confidential to the extent possible given the need to investigate and act on investigative results.
3.
Retaliation: There will be no adverse action taken against a person for making a complaint of harassment when the complainant honestly believes harassment has occurred or is occurring, or for participating in or cooperating with an investigation. Any individual who retaliates against any employee who reports, testifies, assists or participates in an investigation or hearing relating to a harassment complaint will be subject to discipline by the School District.
Administrative Responsibility and Action 1. Reporting: An employee who receives a complaint of harassment shall promptly inform the Principal (or designee) or another administrator who is not the subject of the complaint. 2.
Investigation: The School District is responsible for acting on any information regarding harassment of which it is aware. The Superintendent shall provide for a thorough, prompt investigation of the incident; the investigation and written report shall be completed in a timely fashion in accordance with school procedures after a report or complaint, formal or informal, written or oral, has been received. No person who is the subject of a complaint shall conduct such an investigation.
3.
Final Action on Complaint: The School District shall take disciplinary or remedial action as appropriate in order to ensure that further harassment does not occur. Such action may include, but is not limited to, education, training, counseling, transfer, suspension and/or expulsion of a student and education, training, counseling, transfer, suspension and/or termination of an employee.
4.
False Complaint: Any person who knowingly makes a false accusation regarding harassment will be subject to disciplinary action up to and including discharge of employees, or suspension and expulsion of students.
5.
Appeal: A person judged to be in violation of this policy and subjected to action under it may appeal the determination and/or the action taken in accordance with procedures adopted under this policy. The procedures shall be consistent with the provisions of any applicable collective bargaining agreement.
6.
Dissemination: The Superintendent shall use all reasonable means to inform students, employees, and the community that the District will not tolerate harassment. A copy of this policy shall be provided to students, staff and parents each year and shall be included in the appropriate materials that are disseminated to the school and community.
7.
Training: The Superintendent shall develop methods of discussing the meaning and substance of this policy with staff in order to help prevent harassment. Training may be implemented in the context of employee professional development and the curriculum to develop broad awareness and understanding among all members of the school community.
Date Warned: Date Adopted:
March 20, 2006 April 3, 2006
Legal References:
Cross Reference:
9 V.S.A. §§4502 et seq. (Public accommodations) 16 V.S.A. 11(a)(26) (Definitions) 21 V.S.A. §§495 et seq. (Unlawful employment practice, sexual harassment) 42 U.S.C. §§2000e et seq. (Title VII of the Civil Rights Act of 1964) 29 C.F.R. 1604.11 (Equal Opportunity Employment Commission) Harassment of Students (F20) Board Commitment to Non-Discrimination (C6)
CODE D13 (Mandatory) HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT COMPLIANCE The Rockingham School District shall comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) with regard to any employee benefit or group health plan provided by the district that is subject to the requirements of the Act. The superintendent or his or her designee shall develop and implement procedures necessary to ensure continuing compliance with the requirements of HIPAA.
Date Warned: Date Adopted: Legal References:
March 20, 2006 April 3, 2006 42 U.S.C. 1320d-2 and 1320d-4 45 C.F.R. Subpart C
D13: Page 1 of 1
CODE D 14 (Mandatory) MINIMUM AND OPTIMAL SCHOOL DISTRICT-SPECIFIC AVERAGE CLASS SIZE POLICY K-8 It is the intent of the School Boards in Windham Northeast Supervisory Union to comply with Sections 15 and 16 of Act 153 of 2010* requiring the superintendent to work with the Boards to develop policy guidelines for minimum and optimal average class sizes in regular and technical education classes. Class size guidelines will be used to inform annual decisions related to staffing and program offerings. Implementation 1. The superintendent/designee shall, in consultation with building principals, develop supervisory union-wide class minimum and optimum average class size guidelines that take into account the instructional needs of specific elementary grade intervals, classroom sizes, and required and elective courses at the secondary level. 2. Class size guidelines in the supervisory union may vary as necessary to reflect differences among school districts due to geography and other factors, such as school size and programmatic needs. 3. The guidelines shall also ensure compliance with state or federal requirements. 4. The superintendent shall report to the Boards at least annually on the implementation of this policy, and shall include in his/her report information related to the use of the guidelines in determining actual class sizes and program offerings in the schools. 5. The Vermont Department of Education’s Class Size Policy Guidelines shall be considered in developing class size guidelines. 6. This policy shall be posted on the supervisory union’s Web site and forwarded to the Commissioner of Education by January 15, 2011.** Class size guidelines (procedures) will follow this document. *Section 15 Act 153 of 2010 requires superintendents to “work with the school boards of the member districts to develop and implement policies regarding minimum and optimal average class sizes for regular and technical education classes. The policies may be supervisory unionwide, may be course or grade specific and may reflect differences among school districts due to geography and other factors.” 16V.S.A. P. 242 (5). **Section 16 of Act 153 of 2010 requires that, by January 15, 2011, each supervisory union and member district board: (1) adopt minimum and optimal average class size policies, (2) post the policy on the supervisory union website, and (3) forward the policy to the Commissioner of Education. Date Warned: January 27, 2011 Date Adopted: February 7, 2011
PROCEDURES FOR MINIMUM AND OPTIMAL AVERAGE CLASS SIZE POLICY In order to provide quality instruction and consistency across all grade levels, the following Standards will be considered in developing class size guidelines. Technical Education Class Size Differentials Technical Education class size is primarily driven by factors related to course expectations, safety considerations, space constraints and equipment concerns. Grade-Specific Considerations Research indicates that best practices regarding minimum and optimal class sizes vary to some degree by grade level. See the attached chart for recommendations. Courses-Specific Considerations The following are specific factors that should be considered when fashioning class size policies: 1. There are specific square footage considerations that should be taken into consideration as they apply to our various school buildings; 2. Kindergarten classrooms usually include discrete areas for gross-motor physical activity and for activity with learning materials. Research indicates that a minimum of 50 square feet per student is desirable; 3. Science laboratories require learning stations outfitted with gas, water and electricity, and must afford students significant space for movement, and for proper safety precautions. Research again indicates that a minimum of 50 square feet per student is desirable. 4. Art classrooms also require somewhat greater than normal per-student space, and also have to accommodate adequate ventilation. Research indicates that a minimum of 50 square feet per student is desirable; and 5. Adding a paraprofessional to the classroom should be considered as adding to the optimal class size provided there is adequate space to accommodate an additional adult in the classroom. Special Education Federal law requires that each special education student receive a free and appropriate public education (FAPE). For this reason, self-contained special education classes should be excluded from the average minimum and optimal class size calculations. Physical Education Physical education class sizes must be designed with the unique pedagogical, equipment-related and space-related needs of that discipline in mine. Adaptive physical education classes are excluded from the average minimum and optimal class size calculations.
English Language Learners (ELL) Because of the unique characteristics of English language learners, they should generally be excluded from the average minimum and optimal class size calculations if they are in a selfcontained classroom. Distance Learning and A.P. Classes Distance learning and A.P. classes afford students access to courses that would otherwise be unavailable, either due to the lack of certified teachers, or due to the cost of teaching. It is recommended that for purposes of calculating minimum and optimal average class sizes, the total number of students and teachers at all distance learning sites be considered in the calculation, but not the students taking A.P. classes. Existing State Board Rules Regarding Maximum Class Sizes Relevant to the issue of minimum and optimal class sizes is the manner in which the State Board of Education constrains maximum class sizes. Portions of SBE Rule 2120.8.2 are as follows: 2120.8.2 Staff (b) At the elementary level, classes in grades K-3, when taken together, shall average fewer than 20 students per teacher. In grades 4-8, when taken together, classes shall average fewer than 25 students per teacher. (c) At the secondary level, the total class rolls of an English language arts teacher shall not exceed 100 students. In other disciplines, class rolls should not average more than 150 students per teacher, except where the specific nature of the teacher’s assignment, such as in certain art, music, or physical education programs, is plainly adaptable to the teaching of greater numbers of students while meeting the educational goals of the program. (e) Each school shall employ sufficient & qualified special education staff as are needed to identify students eligible for special education services & to implement each eligible student’s Individual Education Plan and Section 504 plan. Chart Illustrating School District-Specific Class Size Policy Guidelines: Grade Cluster Instructional Area Minimum Av. Optimal Av. Range Athens/ Grafton K-2 3-4 5-6
All All All
14 15 15
14-18 15-18 15-18
Chart Illustrating School District-Specific Class Size Policy Guidelines: Grade Cluster Instructional Area Minimum Av. Optimal Av. Range Rockingham K-2 3-4 5-6 7-8 7-8
All All All All (except PE) PE
14 15 15 20 20
14-19 15-20 15-23 20-24 20-30
K-2 3-4 5-6
All All All
14 15 15
14-18 15-20 15-22
Westminster
STAFF CONDUCT AND DRESS
CODE D15
Policy The Rockingham Town Board of School Directors reaffirms one of the oldest beliefs in education, which is that one of the best methods of instruction is by setting a good example. The Board expects that the entire staff will strive to set the kind of example for students that will serve them well in their own conduct and behavior and contribute toward a school atmosphere that is friendly, but has a degree of formality. In dress, conduct, and interpersonal relationships, teachers and other staff members should recognize that they are being continuously observed by students. Their actions and demeanor will be reflected in the conduct of the students. It is of paramount importance that the members of the faculty set good examples in conduct (including their on-line behavior), manners, dress and grooming. Teachers and other staff members will at all times dress in a manner that befits their professional status with the understanding that less formal clothing may be appropriate depending upon the duties of the person and/or the activities planned for a particular day. Procedures Teachers and staff are encouraged to consult with their building principal if they are in doubt about proper attire or the appropriateness of other common adornments, such as tattoos and body piercing. The principal will make any determinations necessary about these matters. The employee may appeal the principal’s determination to the superintendent of schools, who shall make the final determination concerning the matter.
Date Warned: November 9, 2012 Date Adopted: November 19, 2012
CODE E1 FISCAL MANAGEMENT AND GENERAL FINANCIAL ACCOUNTABILITY Policy It is the policy of the Rockingham School District to manage its financial affairs in a fair and open manner using acceptable financial practices and providing appropriate accountability.
Administrative Responsibilities With the advice and consent of the Auditor of Accounts and the Commissioner of Education, the Superintendent shall establish and maintain an accrual system of accounting for the proper control and reporting of school district finances and for stating the financial condition of the School District. Guidelines 1. The approved budget will be the spending plan for the year. The Superintendent or his or her designee is authorized to make commitments in accordance with the budget appropriations in amounts not to exceed $10,000.00. For expenditures in excess of that amount, or expenditures of over $1,000 not planned for in the budget, approval for purchases must be made by the Board. 2.
The Superintendent shall have authority to transfer funds for planned expenses between two line items in the budget up to an amount not to exceed the over-all approved budget.
3.
The Superintendent shall arrange all required audit of accounts by a certified public accountant.
4.
Employees handling large sums of money will be properly bonded.
5.
Inventories of supplies, materials and instructional equipment will be maintained and reviewed on an annual basis.
6.
The bidding requirements of 16 V.S.A. §559 will be followed by the Board and its designees.
7.
A system will be established for managing miscellaneous accounts such as fees, fines, penalties, book losses, breakage and sale of equipment and materials.
8.
At the school level, the Principal will be responsible for overseeing all student accounts.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (3) (Powers of school boards) 16 V.S.A. §559 (Public bidding) 24 V.S.A. §832 (Bonding requirements) 16 V.S.A. §1756 (Indemnity and insurance) Vt. State Board of Education Manual of Rules & Practices §3250 Budgeting (E2) Financial Reports and Statements (E3) E1: Page 1 of 1
CODE E2 BUDGETING Policy The budget is a policy document that reflects the goals of the School District. It is the policy of the Rockingham School District to develop school budget(s) that reflect the District’s goals in improving
student achievement as outlined in its strategic and annual action plans and to ensure responsiveness to community needs. Administrative Responsibility Approval The Board will, after public hearings and/or informational meetings adopt a budget for consideration by the District’s voters. The budget will be presented by the Board for approval by the voters at the annual meeting of the District. Preparation of the Board's budget presentation and other Board strategies for explaining and supporting its budget will be a formal agenda item at a meeting of the Board prior to the annual district meeting. Presentation The Board will adopt a budget presentation format that may include the following: • reviews the accomplishments of the prior year with regard to student performance and budgetary effectiveness in addressing increased student performance; • clarifies budget priorities linked to student achievement adopted by the Board during the budget preparation process; • emphasizes cost-saving measures taken by the Board during the current budget period; • indicates anticipated amounts and sources of revenue from sources other than local taxation; • compares costs and budget increases or decreases for specific programs over a period of time; • clearly indicates such key budgetary factors as cost per pupil, student-teacher ratios, tax rate, and state aid computations; • allows ample time for questions from voters; • explains in a clear way the relationship between the budget and the amount of taxes to be raised; • explains the relationship of the needed tax rate and the tax bills that individuals will receive using information developed by the State Department of Education.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (Powers of boards) 16 V.S.A. §165 (a)(1) (Action plans) Fiscal Management and Financial Accountability (E1) Financial Reports and Statements (E3) E2: Page 1 of 1
CODE E3 FINANCIAL REPORTS AND STATEMENTS Policy It is the policy of the Rockingham School District to create financial reports and statements in accordance with generally accepted accounting practices that will allow the administration to demonstrate accountability while providing the Board with needed information. Administrative Responsibilities The Business Manager shall be responsible for submitting financial reports for all funds to the Board. The Business Managers report shall be made quarterly and include: 1. 2. 3. 4. 5.
Cash on hand at the beginning of the quarter Receipts by service Disbursements during the quarter Cash balance on hand at the end of the quarter Reconciliation with bank statements
A financial report will be prepared monthly and includes: 1.
Appropriation Accounts A. Original appropriation B. Authorized transfers and adjustments C. Revised appropriations D. Expenditures to date E.. Outstanding encumbrances F. Unencumbered balance
2.
Revenue Accounts A. Estimated revenues B. Amounts received to date C. Revenues estimated to be received during the balance of the fiscal year
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (Powers of school boards) Fiscal Management and Financial Accountability (E1) Budgeting (E2)
E3: Page 1 of 1
CODE E4 RISK MANAGEMENT Policy It is the policy of the Rockingham School District to minimize risk to the School District as it discharges its responsibility for properly managing the resources of the school system. This responsibility includes concern for the safety of students, employees and the public, as well as concern for protecting the system's property from loss. No new program, policy or procedure will be adopted or approved by the Board without first giving careful consideration to the school system's risk exposure. Implementation The Superintendent or his designee shall be responsible for establishing a risk management and insurance program covering all property and program risks related to the performance of the educational and service missions of the system. This risk management and insurance program shall include means for identifying, eliminating, reducing, retaining or transferring risk. Only when a particular risk cannot be eliminated or feasibly retained by the system shall it be transferred by the purchase of insurance. The Board realizes that the assumption of some predictable risks is the most economically feasible method of treating certain exposures. When it is in the apparent best interest of the system, the Board may budget for and retain limited and predictable risks of financial loss, through the use of contingency funds, deductibles, or other strategies. Insurance shall be purchased on the basis of service offered by the insurer, the reliability and financial stability of the insurer, and price of the insurance as competitively determined in accordance with 16 V.S.A. §1756. The Board does not recognize any obligation to purchase insurance from a particular agent, broker or insurer representative or from any group of agents, brokers or insurer representatives other than an obligation based on the above stated considerations. The Superintendent is responsible for preparing an annual risk management audit report for review by the Board. The report shall include a description of the system's current risk management program and a summary of the existing insurance coverage’s. The Superintendent may seek professional risk management advice, within budget constraints, in order to develop, implement, maintain and audit an effective risk management program for the system.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 12 V.S.A. §5781 (Non-profit organizations) 16 V.S.A. §1756 (Protection of school officials and staff) Safety and Security of School Facilities (E6)
E4: Page 1 of 1
CODE E5 EMERGENCY CLOSINGS Policy The School Board through its Superintendent may order the closing of any and all schools whose operation on a short-term basis would pose a serious threat to students or staff. Implementation Such emergencies may be caused by weather conditions, equipment breakdown, bomb threats, or health problems. The Superintendent will also have the authority to delay school opening or dismiss early due to inclement weather or other emergencies. In all cases, notification will be given staff and the public according to a predetermined plan developed by the Superintendent. The Board chair will be notified as soon as practicable by the Superintendent when school is closed for emergencies. Days lost due to emergency closings will be rescheduled so that school will be in session as required by state law.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 Vt. State Board of Education Manual of Rules & Practices §2311
E5: Page 1 of 1
CODE E6 SAFETY AND SECURITY OF SCHOOL FACILITIES Policy It is the policy of the Rockingham School District to maintain a physical environment that is safe, clean and attractive. The Board and the school staff cannot be the guarantors of student safety, and the school does not owe students a duty of immediate supervision at all times and under all circumstances. Implementation The Principal or his or her designee will conduct weekly inspections of facilities. This inspection will include proper storage and use of potentially hazardous materials on the premises and areas where safety hazards might develop. Faculty and staff members will report potentially hazardous conditions to the Principal promptly, and will correct those hazardous conditions which can reasonably be corrected. The Principal will be responsible for seeing to it that any hazardous conditions which cannot be reasonably corrected by faculty and staff members are promptly corrected by qualified persons. Procedures for maintaining security will be developed by the building Principal (or Superintendent). Procedures will be distributed to all employees who will have responsibility for complying therewith.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (5) (Duty of care) Risk Management (E4) E6: Page 1 of 1
CODE E7 SCHOOL CRISIS PREVENTION & RESPONSE Policy It is the policy of the Rockingham School District to maintain a safe, orderly, civil and positive learning environment, and to be prepared, in so far as possible, to prevent and respond to unexpected crises quickly and appropriately. While the very unexpected nature of a crisis may make preparation difficult, the Board believes that staff and students should be ready to respond quickly and appropriately to emergency situations. Definition Examples of crises include criminal acts, disease epidemic, physical injury or death, presence of intruders on school premises, hazardous materials spills, weather related emergencies, natural disasters or bomb threats. Administrative Responsibilities To help prevent the occurrence of some individually caused crises, the Superintendent shall research and share information about educational programs and practices designed to create and sustain a safe learning environment. The Superintendent is directed to create a school crisis prevention and response plan and administrative procedures that identify how the students, staff should respond to emergency situations, and the role that local emergency service providers will play in crisis preparedness and crisis management. This will include appropriate and effective training; establishment of crisis response teams, both within each building and throughout the supervisory union/district; consultation and cooperation with community agencies, such as police, fire, emergency medical, youth and health authorities; and publication of emergency procedures for such situations as can be imagined. Generally, the Principal or his/her designee will organize and oversee the planning and operation of the crisis response team and will serve as the incident response team leader, according to the crisis response procedures. The plan will be reviewed annually and routinely practiced during regular drills. Following a major incident, the crisis response team shall debrief and review the effectiveness of the crisis response and present a report and any recommendations for the future to the superintendent. Staff Responsibilities The staff shall follow all guidelines outlined in the crisis response procedures and staff handbook when practicing routine drills and when responding to actually emergency situations. Student Responsibilities Students shall follow all guidelines outlined in the crisis response procedures and student handbook when practicing routine drills and when responding to actually emergency situations.
E7: Page 1 of 2
Students suspected of involvement in causing school crises will be held accountable and shall be dealt with in accordance with the school’s discipline policy and state/federal law. An incident may also be referred to law enforcement for possible criminal charges or for the school to pursue civil litigation. Any lost time learning time resulting from response to a school crisis or emergency shall be made up.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §1161a(a)(4) (Discipline) 13 V.S.A. § 1604 (Possession of explosive devices) 13 V.S.A. §1612 (Placing a hoax device) 13 V.S.A. §1753 (False alarms and reports) School Crisis Response Procedures Guide Risk Management (E4) Student Conduct and Discipline (F1) Search and Seizure (F3) Weapons (F21) E7: Page 2 of 2
CODE E8 (Mandatory) TOBACCO PROHIBITION Policy It is the policy of the Rockingham School District to prohibit the use of tobacco on school grounds in accordance with state law. This ban extends to any student, employee or visitor to the school, and applies at all times, whether or not school is in session. Students are, furthermore, prohibited from possessing tobacco products at all times while under the supervision of school staff or at school sponsored activities. Administrative Responsibility The Superintendent or his or her designee is directed to take reasonable steps to inform students and employees of this policy, to post signs on school property and to provide notice to visitors and those who are invited to attend school activities in bulletins, programs and announcements related to school events. Violations of Policy Students who violate this policy will be disciplined under the school’s disciplinary policy and procedures, and tobacco products may be confiscated. Employees who violate this policy will be subject to disciplinary action in accord with applicable employee policies, employment contracts and requirements of law. Others who use tobacco on school grounds will be informed of this policy and asked to comply. A person failing to comply will be asked to leave school grounds. A person who refuses to comply or to leave school grounds when requested to do so under this policy may be referred for prosecution as a trespasser. For purposes of this policy, “school grounds” means any property and facilities owned or leased by the school and used at any time for school related activities, including but not limited to school buildings, areas adjacent to school buildings, athletic fields and parking lots.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §140 (Tobacco on school grounds) 18 V.S.A. §§1422 et seq. (Smoking in the workplace) 13 V.S.A. §3705 (Unlawful Trespass) 20 U.S.C. §§6083 et seq. (Goals 2000 Educate America Act, Title X) 42 U.S.C. §§5119a et seq. (Children Protection Act of 1995) Student Conduct and Discipline (F1) Bus Discipline (F2) E8: Page 1 of 1
Code E8-P
PROCEDURES: TOBACCO PROHIBITION Notice procedures Building principals will provide notice of this policy as follows. a. Students will be informed of this policy at the beginning of each school year by placement of the policy in the Student Handbook and by such other means as the principal of each district school deems necessary and appropriate. b. Employees will be informed of this policy through notices posted in school offices and the placement of the policy in the Employee Handbook. Employees will be given a copy of this policy upon request. c. The general public will be notified of this policy by posting notices of the policy in the entry ways to school buildings and in hallways outside of the library, gymnasium and auditorium. Notice of this policy will also be placed in bulletins, programs and announcements of school events.
Enforcement Procedures The following actions will be taken to enforce this policy. a. Student violations. Students who violate this policy will be disciplined under the school’s disciplinary policy and procedures. 1. Any employee who observes a student in possession of a tobacco product shall confiscate the product and report the violation to the principal within 48 hours. 2. The principal shall store any confiscated tobacco product in a secure place until it is no longer needed for any disciplinary action or other legal proceeding. Thereafter, the tobacco product shall be destroyed. 3. The principal shall expeditiously investigate any report of student violations of this policy, shall determine whether the report is supported by the evidence and, if so, whether referral to law enforcement agencies is appropriate.12 b. Employee violations. Employees who violate this policy will be subject to disciplinary action in accord with applicable employee policies, employment contracts and requirements of law. c. Violations by Other Individuals. Others who use tobacco on school grounds will be informed of this policy and asked to comply. A person failing to comply will be asked to leave school grounds. A person who refuses to comply or to leave school grounds when requested to do so under this policy may be referred for prosecution as a trespasser.
12
7 V.S.A. 1005 subjects persons under the age of 18 who possess tobacco products or who misrepresent their age in order to obtain tobacco products to civil penalties, confiscation of the products and suspension of drivers’ licenses if the civil penalty is not paid.
CODE E9 (Mandatory) AIDS OR HIV Policy It is the policy of the Rockingham School District to tolerate no discrimination against students or employees who may be afflicted with AIDS or HIV and to provide appropriate education to students about this disease. Background The Human Immunodeficiency Virus (HIV) is not transmitted through casual contact and, therefore, is not reason in itself to treat individuals having or perceived as having HIV differently from other members of the school community. Accordingly, with respect to HIV disease, including acquired immune deficiency syndrome (AIDS), the Bellows Falls Union High School recognizes the: 1. rights of students and employees with HIV; 2. importance of maintaining confidentiality regarding the medical condition of any individual; 3. importance of an educational environment free of significant risks to health; and 4. necessity for HIV education and training for the school community and the community-at-large. General Provisions 1. The School District shall not discriminate against or tolerate discrimination against any individual who has or is perceived as having HIV. 2. A student who has or is perceived as having HIV is entitled to attend school in a regular classroom, unless otherwise provided by law, and shall be afforded opportunities on an equal basis with all students. 3. No applicant shall be denied employment and no employee shall be prevented from continued employment on the basis of having or being perceived as having HIV. Such an employee is entitled to the rights, privileges, and services accorded to employees generally, including benefits provided school employees with long-term diseases or disabling conditions. Confidentiality, Disclosure, Testing 1. A student or student’s parent/guardian, or an applicant/employee, may, but is not required to, report HIV status to any school personnel 2. Except as otherwise permitted by law, no school personnel shall disclose any HIV-related information, as it relates to prospective or current school personnel or students, to anyone except in accordance with the terms of a written consent. The Superintendent shall develop a written consent form which details the information the signatory permits to be disclosed, to whom it may be disclosed, its specified time limitation, and the specific purpose for the disclosure. The School District shall not discriminate against any individual who does not provide written consent. 3. No school official shall require any applicant, employee, or prospective or current student to have any HIV-related test. 4. The Superintendent shall develop procedures which ensure confidentiality in the maintenance and, where authorized, dissemination of all medically-related documents. Education and Instruction 1. HIV is not, in itself, a disabling condition, but it may result in conditions that are
disabling. To the extent that a student who has HIV is determined to meet the criteria for eligibility for accommodations under state and federal non-discrimination laws or for special education services, the School District shall meet all procedural and substantive requirements. E9: Page 1 of 2
2.
The School District shall provide systematic and extensive elementary and secondary comprehensive health education which includes education in HIV infection, other sexually transmitted diseases as well as other communicable diseases, and the prevention of disease, as required by law.
3.
The Principal shall designate a coordinator to oversee the District’s HIV education plans and programs.`
Exposure to Bloodborne Pathogens and Universal Precautions
1.
The School District shall comply with applicable Vermont Occupational Safety and Health Administration (VOSHA) rules in order to protect employees who are reasonably anticipated to be exposed to bloodborne pathogens as part of their regular job duties.
2.
The Superintendent or his/her designess shall determine those employees (by job class and possibly by task or procedure) who are reasonably anticipated to have occupational exposure to blood or other potentially infectious materials as part of their duties. These employees will be protected in strict accordance with the provisions of the Bloodborne Pathogens Standard. Students and all staff not covered by the Bloodborne Pathogens Standard shall be instructed to avoid contact with potentially infectious materials and blood and shall immediately contact a member of the staff who is covered by the exposure control plan. When this is not possible, any person providing assistance shall follow universal precautions. The Superintendent or his/her designee shall provide training to all staff and students about the hazards of bloodborne pathogens, the recommended operating procedures of universal precautions, the existence of the VOSHA required exposure control plan, individuals or job classes to be notified in order to safely handle or clean up blood or other body fluid spills, and the location and use of appropriate protective equipment and first aid devices. The Superintendent or his/her designee shall provide training on the recommended operative procedures of universal precautions to teaching substitutes and school volunteers.
3.
4.
5.
Enforcement 1. A person who violates this policy may be subject to remedial and/or disciplinary action in accordance with applicable laws, collective bargaining agreements, policies, and/or disciplinary codes. Date Warned: Date Adopted: Legal Reference(s):
November 4, 2008 November 17, 2008 1 V.S.A.§§317(c) (7), (11) (Public records) 16 V.S.A. §§131 et seq. (Comprehensive health education) 16 V.S.A. §906 (Course of study) 18 V.S.A. §1127 (HIV testing) 21 V.S.A. §201(c) (2) (Occupational safety), §224, (VOSHA standards) §495 (Employment practices) 20 U.S.C. §§1400 et seq.(IDEA) 42 U.S.C.§§2000d et seq. (Title VI of the Civil Rights Act of 1964) 42 U.S.C. §§12101 et seq. (Americans with Disabilities Act) 29 U.S.C. §§651 et seq. (Occupational Safety & Health Act of 1970) 29 C.F.R. §1910.1030 (Occupational Exposure to Bloodborne Pathogens Standard) Vermont State Board of Education Manual of Rules & Practices §2120.8.2.3(c E9: Page 2 of 2
CODE E9 (Mandatory) Comprehensive HIV Policy for Schools: Pre-K – 8 Preamble The evidence is clear that the risk of transmitting Human Immunodeficiency Virus (HIV) is extremely low in school settings when proper guidelines are followed. The presence of a person living with HIV infection or diagnosed with acquired immunodeficiency syndrome (AIDS) poses no significant risk to others in school, daycare, or school athletic settings. HIV is not transmitted through casual contact and, therefore, is not reason in itself to treat individuals having or perceived as having HIV differently from other members of the school community. HIV is a bloodborne pathogen and is treated as such in the same manner as any other bloodborne pathogen. Rockingham School District shall strive to protect the safety and health of children and youth in its care, and its employees, recognizing: • the rights of students and employees with HIV; • the importance of maintaining confidentiality regarding the medical condition of any individual; • the importance of an educational environment free of significant risks to health; and • the necessity for HIV education and training for the school community and the community-at-large. Rights of Faculty/Staff I. Equal Employment Rockingham School District does not discriminate on the basis of an employee’s HIV infection or association with another person with HIV infection. No applicant shall be denied employment and no employee shall be prevented from continued employment on the basis of having or being perceived as having HIV.13 In accordance with the Americans with Disabilities Act of 1990, an employee with HIV infection is welcome to continue working as long as he or she is able to perform the essential functions of the position, with reasonable accommodations if necessary.14 Rights of Students II. School Attendance A. A student with HIV infection has the same right to attend school and receive services as any other student and will be subject to the same rules and policies as any student without 13 14
21 V.S.A. § 495(a) (6) and (7) 42 U.S.C. §12101 et seq., American with Disabilities Act
HIV. Except as deemed appropriate to accommodate students with disabilities, HIV infection shall not factor into decisions concerning class assignments, privileges, or participation in any school-sponsored activity.15&16 B. The special education coordinator, Section 504 coordinator or other designated school authorities will follow established policies and procedures for students with chronic health problems or students with disabilities to determine on a case-by-case basis the educational placement of a student known to be infected with HIV.17 Respecting students’ and families’ privacy rights school authorities may consult with the student’s parent or guardian, seek waiver from parent/guardian to consult with the student’s physician, and reassess the placement if there is a change in the student’s need for accommodations or services. Rights for Students and Staff III. Nondiscrimination A. Rockingham School District is committed to providing a learning environment and workplace free of discrimination. School staff members will strive to maintain a respectful school climate and not allow physical or verbal harassment against a student or staff member based on their HIV positive status.18 This includes conduct directed against a person living with HIV infection, a person perceived as having HIV infection or a student or employee’s family member’s actual or perceived status as HIV positive. B. This school district shall not discriminate against an applicant, prospective or current student on the basis of a person’s having a positive test result from an HIV-related diagnostic test. 19 IV. Confidentiality of HIV-related Information and Testing A. Rockingham School District will protect the student’s and family’s privacy rights consistent with state and federal law pursuant to the Rockingham School District Student Records Policy and Employment Records Policy. B. No school official shall require HIV-related testing of any employee applicant, current employee or prospective or current student for any purpose. 20 C. Students, students’ parents/guardians, or applicants/employees are not required to disclose HIV status to any school personnel.21 D. Service providers, including those dispensing medication, will maintain student confidentiality. Unless for the limited purpose of an exception of state law, federal law, the Student Records policy, or the Employee Records policy that applies, school 15
29 U.S.C. § 794, 34 C.F.R. § 104.1 et seq., The Rehabilitation Act of 1973 (Section 504) 42 U.S.C. §§ 2000d and 2000e, Title IV, Civil Rights Act of 1964 and as amended by the Equal Employment Act of 1972 17 20 U.S.C. §1400 et seq., 34 C.F.R. § 300, Individuals with Disabilities Education Act (IDEA) 16
18
18 V.S.A. §1127(a); see also 16 V.S.A. §§11(a) (26); 14; 565 regarding discrimination based on disability 18 V.S.A. § 112 7 20 18 V.S.A. § 112 7(a) 21 18 V.S.A. § 112 7(b) 19
personnel shall not disclose any HIV-related information about a prospective or current school personnel or students to anyone except in accordance with the terms of a written consent.22 The superintendent shall develop a written consent form (see Appendix A) which provides for a description of information to be disclosed, to whom it may be disclosed, its specified time limitation, and the specific purpose for the disclosure. The school district shall not discriminate against any individual who does not provide written consent. E. All health records, notes, and other documents that reference a person’s HIV status will be kept confidential.23 Access to these confidential records is limited to those named in written permission from the person or parent/guardian and to emergency medical personnel. Curriculum, Instruction and Extra-Curricular Activities V. HIV/AIDS Prevention Education The school district shall provide systematic and extensive elementary and secondary comprehensive health education including education on HIV infection, other sexually transmitted diseases as well as other communicable diseases, and the prevention of disease.24 VI. Athletics A. Participation in physical education classes, athletic programs, competitive sports, and recess is not conditioned on a person’s HIV status. School authorities will make reasonable accommodations to allow students living with HIV infection to participate in school-sponsored physical activities.25 Cross References: See __Rockingham School District’s: A. Policy# _F20_ for Prevention of Harassment of Students B. Policy# _D12_for Prevention of Harassment of Employees C. Policy# _F5_ for Confidentiality Student Records D. Policy# _D5 for Confidentiality Employee Records E. Policy# _G7_ for Educational Support Systems F. Policy# _G10 for Special Education G. Policy# _C6 for Section 504 H. Policy# _F1_ for Student Discipline I. Policy# _D10 for Employee Discipline J. Policy# _D13 for Health Insurance Portability and Accountability Act (HIPAA) Compliance K. Bloodborne Pathogens Exposure Control Plan L. See Applicable Collective Bargaining Agreements Date Warned: November 4, 2008 Date Adopted: November 17, 2008 22
1 V.S.A. § 317(b)(7) and (11) 20 U.S.C. § 1232g The Family Education Rights and Privacy Act, 1974 (FERPA) 24 16 V.S.A. § 131 et seq., § 906 25 29 U.S.C. § 794, 34 C.F.R. § 104.1 et seq., The Rehabilitation Act of 1973 (Section 504) 23
Recommended Best Practice Additions for HIV Policy Privacy and Confidentiality: 1. The superintendent shall develop procedures which ensure confidentiality in the maintenance and, where authorized, dissemination of all medically-related documents (see Appendix A). 2. Information regarding HIV status will not be added to a student’s permanent educational or health record without written consent. Health Protections: 1. All employees shall consistently follow universal precautions guidelines on school property at all times, including at school-sponsored events, on school playgrounds and on school buses (see Appendix C). 2. Students and staff not covered by the Bloodborne Pathogens Standard shall be instructed to avoid contact with potentially infectious materials and blood and shall immediately contact a member or the staff who is covered by and trained in the exposure control plan. When this is not possible, any person providing assistance shall follow universal precautions (see Appendix C). 3. The superintendent or his/her designee shall provide annual training to all staff and students about the hazards of bloodborne pathogens, the recommended operating procedures of universal precautions, the existence of the VOSHA required exposure control plan, individuals or job classes to be notified in order to safely handle or clean up blood or other body fluid spill safely, and the location and use of appropriate protective equipment and first aid devices. 4. The superintendent or his/her designee shall provide training on the recommended operating procedures of universal precautions to teaching substitutes and school volunteers. Student Health Services: 1. All students will have access to voluntary, confidential, age and developmentallyappropriate counseling about matters related to HIV infection. 2. School administrators will maintain referral information to facilitate confidential and voluntary student access to HIV counseling, and testing, and other HIV-related services. 3. Public information about resources in the community will be kept available for voluntary student use.
HIV/AIDS Prevention Curriculum and Instruction: 1. The comprehensive health education program will: • be provided in accordance with the Vermont Department of Education Guidelines for the Development of an HIV/AIDS Education Program in Vermont Schools; • be taught at every level, kindergarten through grade 12; • be consistent with community standards; • include current HIV epidemiology, methods of transmission and prevention, universal precautions, and psycho-social aspects of HIV; • be appropriate to students’ developmental levels, behaviors, and cultural backgrounds; • build knowledge and skills from year to year; • stress the benefits of abstinence from sexual activity, alcohol, and other drug use; • include accurate information on reducing risk of HIV infection; • address students’ own concerns; • include means for evaluation; • be an integral part of a part of a skills-based comprehensive health education program; • be taught by well-prepared instructors; and • involve parents and families as partners in education. 2. The superintendent shall designate a coordinator to oversee the district's HIV education plans and programs. 3. The school board shall establish a comprehensive health education community advisory council to assist the school board in developing and implementing comprehensive health education including HIV education. The school board shall provide public notice to the community to allow all interested parties to apply for appointment. The school board shall endeavor to appoint members who represent various points of view within the community regarding comprehensive health education. 4. The superintendent or his/her designee shall create a plan to ensure that all school employees, including newly hired staff, receive training regarding current HIV epidemiology, methods of transmission and prevention, universal precautions, psychosocial aspects of HIV, related school policies and procedures, and where appropriate, teaching strategies. The superintendent shall report annually to the school board regarding implementation of this plan. 5. The school district shall provide for parents, families, students and the community, opportunities for education, discussion, and the development of recommendations about a comprehensive HIV prevention education plan (including the promotion of abstinence, condom availability, and non-discrimination of people living with the disease). Educators, administrators, and health professionals shall be involved in such activities.
Athletics: 1. All employees shall consistently adhere to infection control guidelines in locker rooms and all play and athletic settings. Rule books will reflect these guidelines. First-aid kits will be on hand at every athletic event. 2. All physical education teachers and athletic program staff will complete an approved first-aid and injury prevention course that includes implementation of infection control guidelines. 3. Student orientation about safety on the playing field will include guidelines for avoiding HIV infection. Staff Development: 1. All school staff members will participate in a planned HIV education program that conveys factual and current information; provides guidance on infection control procedures; informs about current law and state, district, and school policies concerning HIV; assists staff to maintain productive parent and community relations; and includes annual review sessions. 2. As necessary to meet their responsibilities, employees will also receive additional specialized training. Policy Dissemination: 1. On an annual basis, school administrators will notify students, their family members, and school personnel about current policies concerning HIV infection, and provide convenient opportunities to discuss them.
Appendices Appendix A Procedures for Maintaining Confidentiality and Sample Written Consent Form Appendix B Sample Authorization for Release of Medical Information Appendix C Universal Precautions for School Staff Appendix D Annotated Legal References Appendix E Resources for HIV/AIDS Assistance Information
Appendix A Recommended Best Practice Procedures for Maintaining Confidentiality To maintain an atmosphere of trust with staff members, students, families, and the community, a policy that encourages confidentiality is essential. It is important that people who have the Human Immunodeficiency Virus (HIV) and their families feel certain that their names will not be released against their wishes to others without a need to know. A policy on confidentiality that is strictly enforced will also provide protection to the school district from potentially adverse reactions that might result, including legal action. To protect the confidentiality of student and/or employee medical records, the school district/supervisory union will comply with federal and state law and follow its Student Records Policy or Employment Records Policy. In addition to compliance with the applicable laws and policies, the following procedures are suggested: 1.
All medical information in any way relating to the HIV status of any member of the school community, including written documentation of discussions, telephone conversations, proceedings, and meetings shall be kept in a locked file. Unless an exception applies under federal law, state law, the Student Records Policy or the Employment Records Policy, access to this file shall be granted only to those persons identified in writing by the student or student's parent/guardian. Filing and photocopying of related documents may be performed only by persons named in the written consent.
2.
Because of the potential for breach of confidentiality, no medical information shall ever be faxed or e-mailed.
3.
Medically-related documents that are to be mailed shall be marked "Confidential." Names of persons mailing documents and those receiving the documents shall be identified on the written consent form by the student or student's parent/guardian, or the applicant/employee.
4.
A written consent form shall be completed prior to each disclosure and release of HIVrelated information (sample attached).
5.
Each disclosure made shall be noted in the student or employee's personal file. The list of such disclosures shall be made available to the student, parent/guardian, or employee upon request.
6.
Schools shall comply with Vermont Occupational Safety and Health Administration (VOSHA) rule §1910.20 which concerns maintenance of and access to employee medical records. [Note: §1910.20 is incorporated by reference into §1910.1030 (h).]
Appendix A pg. 2 Sample Written Consent Form for Each Release of Confidential HIV*Related Information Confidential HIV-Related Information is any information that a person had an HIV-related test, has HIV infection, HIV-related illness or AIDS*, or has been potentially exposed to HIV. If you sign this form, HIV-related information can be given to the people listed and for the reasons listed below. Name and address of person whose HIV-related information can be released:
Name and address of person signing this form (if other than above): Relationship to person whose HIV-related information may be released: Name, title or role, and the address of each person who may be given HIV-related information (include names of persons responsible for photocopying and filing confidential information): 1. 2. 3. 4. Additional names and addresses can be attached or listed on back.) Information to be provided: (Check as many as apply.) _____ _____ _____ _____ _____ _____ _____ _____ _____
HIV antibody test result AIDS diagnosis summarized medical record details of symptoms, signs, and/or diagnostic results (specify: _____________________________________________________) psychiatric, other mental health, and/or developmental evaluation records (specify: _____________________________________________________) names of medical care and/or support service providers (specify: ______________________________________________________) infection status of other family members [Requires written consent] student's instructional program other (specify:__________________________________________________)
Specific purpose(s) for release of HIV-related information
Time during which release of information is authorized: (A specific time must be noted for each single incidence of release of HIV-related information. Use a new form for each incident.) From:
To:
Any disclosure of information not meeting the conditions listed above is expressly prohibited. Disclosure to any other persons than those listed above requires my informed, written consent. Signature
Date
*Human Immunodeficiency Virus (HIV) that causes Acquired Immune Deficiency Syndrome (AIDS)
Appendix B Sample Authorization for Release of Medical Information
Date: ________________ To: Primary Care Provider (name & address)
______________________________________________________ ______________________________________________________ ______________________________________________________
From: Parent/Guardian
______________________________________________________ ______________________________________________________ ______________________________________________________
Please send information about my child ____________________________________ whose date of birth is _____________________ to: Health Services Office Anywhere Elementary School 123 School Street Anywhere, US 12345 Please send all pertinent information regarding ________________________________________ ______________________________________________________________________________
Signature of Parent/Guardian: _______________________________________________________________
Universal Precautions for School Staff and Independent Contractors
Appendix C
Bloodborne Pathogens • Significant Contagious Disease
Bloodborne Pathogens
None of these are Modes of Transmission of Bloodborne Pathogens Sharing Restrooms
Research shows that the risk of getting a significant contagious disease in a school setting is extremely small. However, school staff and contracted personnel in the school need to decrease the possibility of exposure to bloodborne pathogens. Significant contagious disease (SCD) includes cytomegalovirus (CMV), hepatitis B virus (HBV) and human immunodeficiency virus (HIV) infections. The local board of health or the state health officer may determine that other diseases are significant contagious diseases. 1 “Universal Precautions” means protecting oneself from exposure to blood or body fluids through the use of latex gloves**, masks or eye goggles; cleaning blood and body fluid spills with soap and bleach solution and water; and disinfecting and incinerating or decontaminating infected waste before disposing in a sanitary landfill. 1 1 North Dakota Administrative Rules, Sections 33-06-05.1-01, 33-06-05-02, 33-06-05.1-03
Bathroom Fixtures Drinking Fountains Hugging Eating with Carriers Mosquitoes Working & Studying with Carriers Playing with Carriers Swimming Pools Shaking Hands Eating Food Prepared by Carriers Modes of Transmission "The two common methods of spreading HIV are having sex with an infected individual and using contaminated needles to inject drugs." (Surgeon General's Report to the American Public on HIV Infection and AIDS)
Appendix C pg. 2 Universal Precautions in the School Setting Reduce the risk of exposure to bloodborne pathogens by using universal precautions to prevent contact with blood and body fluids.* BEGIN BY ATTENDING TO THE INJURED PERSON: •
•
Whenever blood and body fluids are present, a barrier (latex rubber gloves**, thick layer of paper towels, or cloth) should be used to minimize exposure of the attending person while the injury is cleansed and/or dressed.
•
Place waste in a plastic bag for disposal.
•
Remove gloves and dispose in plastic bag.
•
Thoroughly wash hands with soap.
Soiled clothes of the injured person must be bagged to be sent home. CLEAN AND DISINFECT ENVIRONMENTAL SURFACES:
•
Whenever cleaning and disinfecting environmental surfaces in which blood and body fluids are present, a barrier (rubber utility gloves durable enough to withstand environmental cleaning and disinfecting, thick layer of paper towels, or cloth) should be placed between the blood and attending person.
•
Use disposable paper towels or other disposable materials to remove blood and body fluids.
•
Disinfect the affected area(s) and cleaning tools with a commercial tuberculocidal disinfectant (mixed according to manufacturer's specifications) or bleach solution (approximately 1/4 cup common household bleach per gallon of tap water, mixed fresh daily).2 The affected surface being disinfected should remain wet for several minutes. •
Secure all waste in plastic bag for disposal.
CLEAN UP FOR ATTENDING PERSON: •
Remove gloves and dispose and secure in a plastic bag.
•
Immediately apply soap. Thoroughly wash hands with soap by rubbing hands together (avoiding scrubbing hands). Pay particular attention to finger tips, nails and jewelry. Rinse with fingers pointing downward.
•
If running water and soap are not immediately available, a waterless antiseptic cleaner or moist towelette may be used until hands can be thoroughly washed (use of antiseptic cleaner or towelette is NOT a substitute for hand washing.) WASH HANDS AS SOON AS POSSIBLE.
* Body fluids that contain blood. ** Non-latex gloves should be available for any staff member who has a known latex allergy. 2 Centers for Disease Control and Prevention Guideline for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-care and Public Safety Workers. MMWR Vol. 38/No. S-6:1-37, 1989.
Appendix D Annotated Legal References 1.
1 V.S.A §317 (7) and (11) - Subsections (7) and (11) are two exceptions to the Vermont law requiring disclosure of public records. Subsection (7) deals with medical records of employees and subsection (11) deals with student records at public schools.
2.
Section 504 of the Rehabilitation Act (29 U.S.C. §794) - This federal law (popularly known as "Section 504") prohibits discrimination against persons with disabilities by entities receiving federal funds.
3.
18 V.S.A. §112 (7) - This Vermont public health law prohibits school districts from requiring HIV testing of any applicant, or prospective or current students and prohibits discrimination against an applicant, or prospective or current student on the ground that the person has tested HIV positive.
4.
21 V.S.A. §495(a)(6) and (7) - These provisions prohibit employers, employment agencies, labor organizations and persons seeking employees from discriminating against persons who have a positive test result on an HIV-related blood test and from requiring employees or prospective employees to take an HIV-related blood test as a condition of employment, membership, classification, placement or referral.
5.
Individuals with Disabilities Education Act (20 U.S.C. §1400, et sew.) - This federal law (popularly known as "IDEA" or "P.L. 94-142") requires states and school districts to provide special education and related services to eligible students with disabilities.
6.
Title VI, Civil Rights Act of 1964 as amended by the Equal Employment Act of 1972 (42 U.S.C. §§2000d and 2000e) - These federal provisions authorize enforcement of Section 504 through the federal courts by clarifying that 11th Amendment immunity is unavailable in such cases and makes available administrative remedies to aggrieved parties. Further, these provisions provide the enforcement mechanisms for violations of the Americans with Disabilities Act.
7.
Americans with Disabilities Act (42 U.S.C. §12101, et seq.) - This federal law (popularly known as the "ADA") prohibits discrimination in, among other areas, employment and education on the basis of a disability.
8.
16 V.S.A. §131, et seq. and 16 V.S.A. §906 - These Vermont laws require each public and independent school to provide students with a minimum course of study in "comprehensive health education," including education on "HIV infection, other sexually transmitted diseases, as well as other communicable diseases, and the prevention of disease." Additionally, these laws permit the appointment of a community advisory council to assist school boards in developing and implementing comprehensive health education programs.
9.
Occupational Safety and Health Act of 1970 - This federal law (popularly known nationally as "OSHA" and in Vermont as "VOSHA") requires safe working conditions in places of employment. In particular, 29 U.S.C. §§653, 655, and 657 form the basis for the issuance of OSHA regulations on dealing with bloodborne pathogens in the workplace.
10.
Occupational Exposure to Bloodborne Pathogens Standard (29 C.F.R. §1910.1030) - This federal regulation requires employers to develop and maintain a written Exposure Control Plan concerning bloodborne pathogens and requires the taking of "universal precautions."
11.
21 V.S.A. §§201 and 224 - These state statutes make Vermont law on Occupational Safety and Health consistent with the federal Occupational Safety and Health Act of 1970 (see paragraph #9 above).
12.
20 U.S.C. §1232(g) The Family Education Rights and Privacy Act, 1974 (FERPA) protects the privacy of students and parents.
State Resources AIDS Service Organizations Appendix E
Vermont Chapters
Resources for HIV/AIDS Assistance and Information
Vermont Department of Education (802) 828-5151 For local assistance, contact the Health Education Resource Center nearest you: Brattleboro - (802) 254-4511 South Burlington - (802) 864-4789 St. Johnsbury - (802) 748-8912 Rutland - (802) 775-4314
Vermont Department of Health (Hotline) 800-882-AIDS The Hotline provides information and referral about all HIV-related issues. Vermont Occupational Safety and Health Administration (VOSHA) 800-640-0601 A division of the Vermont Department of Health that supports and regulates workplace safety.
Serves all groups with a wide variety of informational resources available at low or no cost, including videos, curricula, and public health materials. Speakers and trainings on the following subjects are also available. Subjects covered include: HIV transmission and prevention, AIDS in the workplace, confidentiality, universal precautions, bloodborne pathogens and exposure control planning, and first aid. • • •
Green Mountain – 800-288-3554 (serving Southern Vermont) Northern Vermont - 800-660-9130 Central Vermont - (802) 773-9159
These organizations may provide some of the following services: educational programs and training, speaker's bureaus, support and services for people affected by HIV/AIDS; and/or community advocacy. Contact the organization closest to you. A Community Resource Network (ACORN) serving Windsor and Orange Counties (603) 448-8887 or 800-816-2220 Comprehensive Care Clinic Northeast Vermont Regional Medical Center serving Caledonia, Essex and Orleans Counties (802) 751-7603 (St. Johnsbury) Bennington Area AIDS Project serving Bennington County 800-845-AIDS (2437) AIDS Project of Southern Vermont serving Windham and Southern Counties (802) 254-4444
Vermont C.A.R.E.S. serving Chittenden, Addison, Rutland, Lamoille, Washington, Franklin, and Grand Isle Counties (802) 863-AIDS (2437) (office and general hotline) Vermont People With AIDS (PWA) Coalition 800-698-8792 or (802) 229-5754 The Coalition is a statewide organization of and for people living with HIV. The Coalition frequently provides HIV+ speakers for schools.
BLOODBORNE PATHOGENS EXPOSURE CONTROL PLAN FOR WINDHAM NORTHEAST SUPERVISORY UNION Adopted by the School Board on June 14, 2011 In accordance with the OSHA Bloodborne Pathogens Standard, 1910-1030, the following exposure control plan has been developed for the school district. A. Purpose The purpose of this exposure control plan is to: 1. Eliminate or minimize employee occupational exposure to blood or certain other body fluids; 2. Comply with the OSHA Bloodborne Pathogens Standard, 1910.'1030. B. Exposure Determination Through review of job requirements and past exposure experiences, the district has determined the employees with reasonable expected exposure to blood or other potentially infectious materials in the performance of their regular duties. Isolated “good Samaritan” acts of helpful employees are not considered occupational exposure. Exposure may be by one or more of the following routes: skin, eye, mucous membrane, and parenteral contact. The exposure determination is made without regard to the use of personal protective equipment (i.e. gloves, masks, goggles). The following exposure categories are established. Category I: All of these employees may have contact with blood or other potentially infectious materials. 1. School Nurses who provide first-aid to the sick and injured students and staff members. 2. School building secretaries who provide first-aid when the nurse is not in the building. 3. Custodians who clean up blood and body fluid spills on the school premises. 4. Special Education personnel who care for the high-risk students, i.e. those students who drool, bite, or are incontinent of stool or urine. This list includes the Occupational Therapist, the Speech Therapist and the aides to the high-risk students. 5. The Athletic Director at the High School and all coaches. 6. Bus Drivers who may have to clean up blood and body fluid spills if such should happen when they are transporting students.
Category II: Some of these employees may have occupational exposure to blood or other potentially infectious materials. 1. Administrators, teachers and para educators who may come in contact with blood if a student is injured in the classroom/recess. 2.
Physical Education teachers who may come in contact with blood or body fluid spills if a student is injured during PE.
Category III: These employees are not expected to have occupational exposure to blood or other potentially infectious materials. 1. Grounds keepers, office personnel. C. Implementation Schedule and Methodology OSHA also requires that this plan include a schedule and method of implementation for the various requirements of the standard. The following complies with this requirement: I. Compliance Methods A. Universal Precautions In this district, universal precautions will be observed at all the facilities in the district in order to prevent contact with blood or other potentially infectious materials. Blood or other potentially infectious material will be considered infectious regardless of the perceived status of the source individual. Under circumstances in which differentiation among body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials. B. Engineering and Work-Practice Controls Engineering and work-practice controls will be utilized to eliminate or minimize exposure to employees at this facility. Where occupational exposure remains after institution of these controls, personal protective equipment shall also be utilized. At this facility the following engineering controls will be utilized: sharps containers, gloves, red bags for biohazard waste, covered waste baskets, paper towels, cleansing towelettes, biohazard traveling kits for buses, playground monitors and athletic department. 1) Hand washing a. This district shall provide hand-washing facilities which are readily available to the employees who incur exposure to blood or other potentially infectious materials. OSHA requires that these facilities be readily accessible after incurring exposure. If hand-washing facilities are not feasible, either an antiseptic cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes will be provided. If these alternatives are used then the hands
are to be washed with soap and running water as soon as feasible.
b. Employees shall wash hands or any other skin with soap and water or flush mucous membranes with water immediately, or as soon as possible, following contact of such body areas with blood or other potentially infectious materials. c. Employees shall wash their hands immediately, or soon as feasible, after removal of gloves or other personal protective equipment. Do not reuse disposable gloves. 2) Housekeeping and Waste Procedures a. This district shall ensure that the worksite is maintained in a clean and sanitary condition. This district shall determine and implement an appropriate written schedule for cleaning and method of decontamination based on the location within the facility(ies), type of surface to be cleaned, type of soil present, and tasks or procedures being performed. b. All equipment, materials, and environmental and working surfaces shall be cleaned and decontaminated after contact with blood or other potentially infectious materials. Contaminated work surfaces and reusable equipment shall be decontaminated within an appropriate disinfectant immediately after completion of a procedure/task/therapy and/or at the end of the school day if the surface may have become contaminated since the last cleaning. The surface shall be cleaned as soon as feasible when overtly contaminated, or after any spill of blood or other potentially infectious materials. [If bleach is used as a disinfectant, it must be prepared daily at a 1:10 dilution.] The solution is only stable for 24 hours. For a list of disinfectants, refer to the CDC website at http://www.cdc.gov. Protective covering, such as plastic wrap, aluminum foil, or imperviously backed absorbent paper used to cover equipment and environmental surfaces, shall be removed and replaced as soon as feasible when they become contaminated with blood or OPIM, or at the end of the school day if they have become contaminated since the last cleaning. c. Items such as paper towels, gauze squares, or clothing used in the treatment of blood or OPIM spills that are blood-soaked or caked with blood shall be bagged, tied, and designated as a biohazard. The bag shall then be removed from the site as soon as feasible and replaced with a clean bag. In this district, bags designated as biohazard (containing blood or OPIM contaminated materials) shall be red in color and/or affixed with a biohazard label. The bags shall be located at: Nurse’s Office/Maintenance Office On the advice of the Department of Health Services, biohazardous waste, for the purpose of this standard, shall only include items that are blood-soaked, caked with blood, or contain liquid blood that could be wrung out of the item. This would also include items such as sharps, broken glass, or plastic on which there is fresh blood. d. The custodian shall respond immediately to any major blood or OPIM incident so that it can be cleaned, decontaminated, and/or removed immediately.
e. In this district, there shall be a marked biohazard container in the custodial area for used biohazard designated bags. Appropriate disposal of the contents of this container is the responsibility of the maintenance department. f.
In the event regulated biohazard waste leaks from a bag or container, the waste shall be placed in a second container and the area shall be cleaned and decontaminated.
g. Broken glass contaminated with blood or OPIM shall not be picked up directly with the hands. It shall be cleaned up using mechanical means, such as a brush and dustpan, tongs, or forceps. Broken glass shall be containerized. The custodian shall be notified immediately through verbal or written notification before scheduled cleaning. h. Contaminated sharps, broken glass, plastic, or other sharp objects shall be placed into appropriate sharps containers. In this district, sharps containers shall be able to be closed, puncture resistant, labeled with a biohazard label, and leak proof. Containers shall be maintained in an upright position. Containers shall be easily accessible to staff and located as close as feasible to the immediate area where sharps are used or can be reasonably anticipated to be found (for example, the art department, classrooms where dissections occur, and the nurse’s station). If an incident occurs in which there is contaminated material that is too large for a sharps container, the custodian shall be contacted immediately to obtain an appropriate biohazard container for this material. i.
Reusable sharps that are contaminated with blood or OPIM shall not be stored or processed in a manner that requires employees to reach into the containers where these sharps have been placed.
ii. In this district, the employee shall notify the school nurse when sharp containers become 2/3 full so that they can be disposed of properly. (The local hospital or district health department may provide assistance in determining appropriate disposal.) iii. Contaminated needles shall not be bent, recapped, removed, sheared, or purposely broken. The only exception to this is if a medically necessary procedure would require that the contaminated needle be recapped or removed and no alternative is feasible. If such action is required, the recapping or removal of the needle must be done by the use of a one-handed technique. i.
Disposal of all regulated waste shall be in accordance with applicable regulations of the United States, the State of Vermont, and its political subdivisions.
j.
Food and drink shall not be kept in refrigerators, freezers, cabinets, or on shelves, countertops, or bench tops where blood or other potentially infectious materials are present.
k. All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to minimize splashing, spraying, splattering, and generating droplets of these substances. Mouth pipetting/suctioning of blood or OPIM is prohibited (for example, sucking out snakebites). l.
Specimens of blood or OPIM shall be placed in containers that prevent leaking during
collection, handling, processing, storage, transport, or shipping. The containers shall be labeled with a biohazard symbol or be colored red. m. Equipment that may become contaminated with blood or OPIM must be examined prior to servicing and shipping and must be decontaminated, if feasible. If not feasible, a readily observable biohazard label must be affixed to the equipment stating which portions are contaminated. This information must be conveyed to all affected employees, the service representative, and/or manufacturer (as appropriate), prior to handling, servicing, or shipping. Equipment to consider: student’s communication device, vocational equipment needing repair after an exposure incident. n.
Contaminated laundry shall be handled as little as possible. Gloves must be worn when handling contaminated laundry. Contaminated laundry shall be bagged or containerized at the location where it was used and shall not be sorted or rinsed in the location of use. Containers must be leak-proof if there is a reasonable likelihood of soak-through or leakage. School owned uniforms, towels, ect. that are exposed to blood and body fluids will be laundered by the custodians at the various school buildings where the washers and dryers are located.
C.
Personal Protective Equipment 1. Where occupation exposure remains after institution of engineering and work controls, personal protective equipment shall be used. Types of personal protection equipment available in this district are gloves, goggles, gowns and masks. a. Gloves shall be worn when it can be reasonably anticipated that the employee may have hand contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin and when handling or touching contaminated items or surfaces. b. Disposable gloves shall be replaced as soon as practical when contaminated or as soon as feasible if they are torn, punctured or when the ability to function as a barrier is compromised. Disposable gloves shall not be washed or decontaminated for re-use. (Contaminated disposable gloves do not meet the definition of infectious waste and do not need to be disposed of in red or specially labeled bags.) c. Hypoallergenic gloves (by definition, this means latex free), glove liners, powderless gloves, or other similar alternatives shall be readily accessible to employees who are allergic to the gloves normally provided. d. Masks, in combination with eye-protection devices, such as goggles or glasses with solid side shields or chin-length face shields, shall be worn whenever splashes, spray, spatter, or droplets of blood or other potentially infectious materials may be generated and eye, nose, or mouth contamination can be reasonably anticipated (for example a custodian cleaning a clogged toilet or nurses/aides performing suctioning). e. Appropriate protective clothing shall be worn in occupational exposure situations. The type and characteristics shall depend upon the task, location, and degree of exposure
anticipated. f.
Employees expected to perform CPR must have appropriate resuscitator devices readily available and accessible.
g. Safer needle and needleless devices will be provided for employees who give injections or use lancets. 2. This district shall ensure that appropriate personal protective equipment is readily accessible at the worksite or is individually issued to employees. Personal protective equipment is available in the following locations: Nurse’s Office and Maintenance Personal protective equipment shall be given to: Nurse’s, Maintenance, Athletic Directors, Bus Drivers. a. This district shall clean, launder, and/or dispose of personal protective equipment at no cost to the employee. b. This district shall repair or replace personal protective equipment (as needed) to maintain its effectiveness, at no cost to the employee. 3. All personal protective equipment shall be removed prior to leaving the work area. When personal protective equipment/supplies are removed, they shall be placed in an appropriately designated area or container for storage, washing, decontamination, or disposal. 4. If blood or other potentially infectious materials penetrate a garment, the garment shall be removed immediately or as soon as feasible. 5. This district shall ensure employees use appropriate personal protective equipment. If an employee temporarily declines to use personal protective equipment, feeling that it would pose an increased hazard to the employee or others, this district shall investigate the circumstances in order to determine whether changes can be instituted to prevent such occurrences in the future. The investigation shall be included as a part of the annual review of the plan. III.
Hepatitis B Vaccination A. Covered Employees 1. This district shall make the hepatitis B vaccination series available to all employees in Category 1 and for those in Category 2 who can demonstrate a need, and who have occupational exposure after the employee(s) have been given information on the hepatitis B vaccine, including information on its efficacy, safety, and method of administration as well as the benefits of being vaccinated. 2. Within 10 working days of initial assignment, this district shall send a letter to new employees and to those employees who move into Category 1 through a position change,
outlining this policy regarding the hepatitis B vaccination series and the district’s willingness to pay for the series. During the first year of implementation of this policy, all Category 1 employees shall be informed of the terms of eligibility. 3.
The vaccine and vaccinations shall be offered free of charge through reimbursement and performed by or under the supervision of the employee’s physician, according to the most current recommendations of the U.S. Public Health Service. A record of the vaccination shall be maintained in the employee’s medical personnel file.
4.
This district shall not make participation in a pre-employment screening program a prerequisite for receiving the hepatitis B vaccine.
5.
If an employee initially declines the hepatitis B vaccination series, but at a later date (while still covered under the standard) decides to accept the vaccination, this district shall make available the hepatitis B vaccine at that time.
6. This district shall ensure that employees who decline to accept the hepatitis B vaccine offered by this district sign the declination statement established under the standard. 7.
If the U.S. Public Health Service recommends a routine booster dose of hepatitis B vaccine at a future date, such booster dose(s) shall be made available at no charge to the employee.
8.
Records regarding hepatitis B vaccinations or declinations are to be kept by human resources at Supervisory Union Office.
9.
This district shall ensure the health-care professional responsible for administering the employee’s hepatitis B vaccination is provided with a copy of this regulation.
10.
Health-care employees that have ongoing contact with blood or OPIM, and are at risk for injuries with sharp instruments or needle-sticks, must be tested for antibodies to hepatitis B surface antigen one to two months after the completion of the three-dose vaccination series. Employees who do not respond to the primary vaccination series must be revaccinated with a second three-dose vaccine series and retested. Nonresponders must be medically evaluated.
B. First Aid as Collateral Duty (For unvaccinated employees who are exposed) 1.
This district shall reimburse for the hepatitis B vaccine or vaccination series to those unvaccinated employees whose primary job assignment is not the rendering of first aid, but who have rendered assistance in any situation involving the presence of blood or OPIM as defined in Section IV, A below.
2.
The full hepatitis B vaccination series shall be made available as soon as possible, but no later than 24 hours, to all unvaccinated first aid providers who have rendered assistance in any situation involving the presence of blood or OPIM.
3.
The hepatitis B vaccination record or declination statement shall be completed. All other pertinent conditions shall be followed as written for those persons who receive the pre-
exposure hepatitis B vaccine. 4. This reporting procedure shall be included in the training program.
IV. Post-exposure Evaluation and Follow-up A. Definition of an Exposure Incident 1. An exposure incident is defined as contact with blood or other potentially infectious materials on an employee’s non-intact skin, eye, mouth, or other mucous membrane or by piercing the skin or mucous membrane through such events as needle-sticks. A physician ultimately shall determine and certify in writing that a significant exposure has occurred. 2. All first aid incidents involving the presence of blood or OPIM shall be reported to this school district’s designee (school nurse or administrator)by the end of the workday on which the incident occurred. 3.
A School Exposure Incident Investigation Form must be used to report first aid incidents involving blood or OPIM to determine the nature and scope of the situation. The incident description must include a determination of whether or not an "exposure incident," as defined by the standard, occurred in addition to the presence of blood or other potentially infected materials. This form shall be readily available to all employees.
4.
Once a significant exposure incident is suspected, an Exposure Incident Report form shall be completed. For purposes of Worker’s Compensation, exposure shall be documented.
B. Needle-Stick Injury In the event of a needle-stick or sharps injury, this district will maintain a separate log that includes the description of the incident, the type and brand of device involved, and the location (work area) where the incident took place. Exposure Incident Follow-up Following a report of an exposure incident, this district shall make immediately available to the exposed employee a confidential medical examination from a health-care provider knowledgeable about the current management of post-exposure prophylaxis in the first 24 hours following exposure. Minimal follow-up shall include the following: 1. This district shall document the route(s) of exposure and the circumstances under which the exposure incident occurred. 2. This district shall identify and document the source individual, if possible, unless this district can establish that identification is not feasible or prohibited by state or local law. a. The source individual’s blood shall be tested as soon as feasible and after consent is obtained in order to determine HIV, HBV, and HCV infectivity. If consent is not obtained, this district shall establish that legally required consent cannot be obtained. If the source individual is already known to be HIV, HBV, and/or HCV positive, new testing need not be performed. b. Results of the source individual’s testing shall be made available to the exposed employee only after consent is obtained, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious
status of the source individual. c. An employee of a school district, while performing employment duties involving an individual, experiences a significant exposure to the individual may subject (request that) the source individual’s blood be tested (or series of tests) for the presence of human immunodeficiency virus (HIV), antigen or non-antigenic products of HIV and may receive disclosure of the results [s. 252.15 (2) (7), Stats.]. 3. The exposed employee’s blood shall be collected as soon as feasible and tested after consent is obtained for a baseline sample. It will be necessary to retest the blood every 30 days as necessary per the direction of the treating physician. 4. For post-exposure recommendations, the employee should contact his/her physician. The employee must be made aware of the 2-24 hour window of efficacy of chemical prophylaxis and of the need for an assessment for the hepatitis C virus. 5. Counseling shall be made available by this district through EAP services. 6. There shall be an evaluation of reported illnesses.
C. Medical Follow-up This district, under Workman’s Comp, shall ensure that all medical evaluations and procedures, including prophylaxis, are made available at no cost and at a reasonable time and place to the employee. All medical evaluations and procedures shall be conducted by, or under the supervision of, a licensed physician knowledgeable about the current management of post-exposure prophylaxis. Laboratory tests shall be conducted in accredited laboratories. Information provided to the health-care professional that evaluates the employee shall include: a. a copy of the Public Employee Safety and Health statute, s. 101.055, Stats.; b. a description of the employee’s duties as they relate to the exposure incident; c. documentation of the route of exposure and circumstances under which exposure occurred; d. results of the source individual’s blood test, if consent was given and results are available; and e. a copy of all medical records relevant to the appropriate treatment of the employee, including vaccination status. D. Employee Information
1. This district shall obtain and provide the employee with a copy of the evaluating healthcare professional’s written opinion within 15 days of the completion of the evaluation. 2. The health-care professional’s written opinion regarding hepatitis B vaccination shall be limited to whether hepatitis B vaccination is indicated for an employee and if the employee has received such vaccination. 3. The health-care professional’s written opinion for post-exposure evaluation and follow-up shall be limited to the following information: a. the affected employee has been informed of the results of the evaluation; and b. the affected employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials that require further evaluation and/or treatment. All other findings or diagnoses shall remain confidential and shall not be included in the written report.
V. Communication About Hazards to Employees A. Warning Labels 1. Warning labels shall be affixed to containers of regulated waste; refrigerators and freezers containing blood or other potentially infectious materials; and other containers used to store, transport, or ship blood or other potentially infectious materials. Exception: red bags or red containers may be substituted for labels. 2. Labels required by this section shall include the following legend:
BIOHAZARD 3. Labels shall be fluorescent orange or orange-red or predominantly so, with lettering or symbols in a contrasting color. 4. Labels shall be an integral part of the container or shall be affixed as close as feasible to the container by string, wire, adhesive, or other methods that prevent their loss or unintentional removal. 5. Labels for contaminated equipment must follow the same labeling requirements. In addition, the labels shall also state which portions of the equipment remain contaminated.
B.
Information and Training 1. This district shall ensure that all employees with potential for occupational exposure participate in a training program at no cost to employees. 2. Training shall be provided at the time of initial assignment to tasks in which occupational exposure may take place, and at least annually thereafter. This plan is available to all staff for review at any time. A copy will be provided to any staff member at no charge and within 15 days of the request. 3. This district shall provide additional training when changes such as modifications of tasks or procedures affect the employee’s potential for occupational exposure. The additional training may be limited to addressing the new exposure issues. 4. Material appropriate in content and vocabulary to educational level, literacy, and language of employees shall be used. The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained in the training program, as it relates to the school workplace. The Occupational Safety and Health Administration require that the knowledgeable person be available to answer questions at the time of the bloodborne pathogen training. 6. Training must include information on the hepatitis C virus in addition to other bloodborne pathogens. 7. If needles are used in the district, staff will be given training, including information and hands-on experience with safer needle and needleless devices and other improved engineering controls.
VI.
Recordkeeping A. Medical Records 1. This district shall establish and maintain an accurate medical record for each employee with occupational exposure. This record shall include a. each employee’s name and social security number, b. a copy of each employee’s hepatitis B vaccination record or declination form and any additional medical records relative to hepatitis B, c. if an exposure incident(s) has occurred, a copy of all results of examinations, medical testing, and follow-up procedures, d. if an exposure incident(s) has occurred, the district’s copy of the health-care professional’s written opinion, e. if an exposure incident(s) has occurred, the district’s copy of information provided to the health-care professional: exposure incident investigation form; the results of the source individual’s blood testing, if available; and the consent obtained for release. 2. This district shall ensure that each employee’s medical records are kept confidential and are not disclosed or reported without the employee’s expressed written consent to any person within or outside of this district, except as required by law. These medical records shall be kept separate from other personnel records.
3. These medical records shall be maintained for the duration of employment plus 30 years. 4. Records do not have to be maintained if the employee was employed for less than one year and is provided with the record at the time of termination. B. Training Records 1. Training records shall include: a. training session date(s) b. contents or summaries of training sessions c. names and qualifications of persons conducting training sessions d. names and job titles of all persons attending training sessions 2. Training records shall be maintained for three years from the date the training occurred. C. Annual Review of Exposure Control Plan 1. This district shall annually review the exposure control plan. The review shall include: a. a list of new tasks that affect occupational exposure, b. modifications of tasks and procedures, c. evaluation of available engineering controls including engineered-safer needle devices, d. a list of new employee positions with potential for occupational exposure, and e. solicited and documented input from non-managerial employees responsible for direct patient care for engineering and work practice controls. D. Availability of Records 1. This district shall ensure: a. all records required to be maintained by this standard shall be made available upon request for examination and copying, b. employee training records required by this standard shall be provided upon request for examination and copying to employees, to employee representatives. c. employee medical records required by this standard shall be provided upon request for examination and copying to the subject employee and/or designee, to anyone having written consent of the subject employee. d. a log of needle-stick/sharps injuries shall be kept for a minimum of five years. 2. This district shall comply with the requirements involving the transfer of records set forth in this standard. E. OSHA Recordkeeping
1. An exposure incident is evaluated to determine if the case meets OSHA’s Recordkeeping Requirements (29 CFR 1904). a. OSHA-reportable exposure incidents, including splashes to mucous membranes, eyes, or non-intact skin, shall be entered as injuries on the OSHA 300 Log. b. This determination and the recording activities are done by the district nurse or designated health-care provider and are then forwarded to the person completing the OSHA 300 Log. 2. A sharps injury log must be maintained in a manner that protects the privacy of employees. At minimum, the log will contain the following: a. location of the incident, b. brand or type of sharp, and c. description of incident.
CODE E10 VT Department of Education December 2007 MODEL POLICY RELATING TO THE IDLING OF VEHICLES OTHER THAN SCHOOL BUSES WHEN PRESENT ON SCHOOL PREMISES CONTEXT AND REASON FOR MODEL POLICY: ACT 48 OF 2007 Sec. 2. SCHOOL BOARDS; VEHICULAR IDLING This policy applies to all motor vehicles, other than school buses, while on school grounds. Background: The school board recognizes that motor vehicle idling poses a risk to people in the vicinity and to the environment. The inhalation of motor vehicle exhaust may contribute to human health problems, air pollution, and global climate change. In addition, exposure to motor vehicle exhaust can cause lung damage and respiratory problems and can exacerbate asthma and existing allergies. It is the intent of the school board to also limit the idling of motor vehicles other than school buses on school grounds. Definition: As used in this policy, the term “school grounds” shall mean any area adjacent to school buildings and used at any time for school related activities, including parking lots, playing fields and driveways. Policy: Subject to exceptions developed by the (principal or superintendent), the operators of motor vehicles, other than school buses, shall not allow their vehicles to idle while on school grounds. The superintendent or his or her designee shall: o o o o o
Post “limited idling” or “no idling” signs to notify the operators of motor vehicles on school grounds that engines must be turned off when a vehicle is waiting or parked. If practicable, identify an indoor waiting area for individuals waiting for students. Prohibit the idling of delivery vehicles when loading or unloading. Where engine idling is needed to facilitate delivery (such as fuel delivery), delivery shall not take place when school is in session. Prohibit the idling of vehicles used by visiting schools while waiting for students during school sponsored events. Develop and enforce regulations to allow limited idling as needed for health and safety, such as to operate equipment to accommodate students with disabilities or to defrost windshields when required for safe vehicle operations.
Legal References: 23 V.S.A. §1282(f); Vermont State Board of Education Manual of Rules and Practices, Rule 6001 Date Warned: Date Adopted:
June 3, 2008 June 17, 2008
E- 11 Provision and Use of Automated External Defibrillator (AED) 1. Purpose: To provide guidance in the management or administration of a school-based AED program. Sudden cardiac arrest is a condition that occurs when the electrical impulses of the human heart malfunction causing a disturbance in the heart’s electrical rhythm called ventricular fibrillation (VF). This erratic and ineffective electrical heart rhythm causes complete cessation of the heart’s normal function of pumping blood resulting in sudden death. The most effective treatment for this condition is the administration of an electrical current to the heart by a defibrillator, delivered within a short time of the onset of VF. An AED is used to treat victims who experience sudden cardiac arrest. It is only to be applied to victims who are unconscious, without pulse, signs of circulation and normal breathing. The AED will analyze the heart rhythm and advise the operator if a shockable rhythm is detected. If a shockable rhythm is detected, the AED will charge to the appropriate energy level and advise the operator to deliver a shock. 2. Responsibilities of the designated District-wide AED Coordinator: The superintendent shall appoint a district-wide AED coordinator who will be responsible for the following tasks: o Notify the Vermont Agency of Education of the existence, location, and type of devices the WNESU schools and offices possess; o Coordinate the maintenance and testing of the device(s) and accessories in accordance with the applicable standards of the manufacturer; and any rule adopted by the Vermont Agency of Education; o Select of employees for AED training and distribution of AED-trained employee lists as required; o Coordinate training for emergency responders; o Maintain on file a specifications/technical information sheet for each approved AED model assigned or donated to the school; o Maintain and distribute District AED Procedures; o Monitor the effectiveness of this system; o Collaborate with a supervising physician to provide technical assistance and consultation regarding the selection and location of AEDs, training of potential operators, protocols for use, individual case review, post-event reviews, and on other issues related to the district’s medical emergency response program. o Assure that regular equipment maintenance has been performed. All maintenance tasks shall be performed according to equipment maintenance procedures as outlined in the operating instructions. o Following use of emergency response equipment, assure that all equipment shall be cleaned and/or decontaminated as required. If contamination includes body fluids, the equipment shall be disinfected according to manufacturer recommendations.
3. Responsibilities of the AED Program Supervising Physician: The superintendent will designate a Supervising Physician who will be responsible for the following tasks: o Provide consultation to the designated District-wide AED Coordinator and school-based AED Coordinators and provide technical assistance and consultation regarding the selection and location of AEDs, training of potential operators, protocols for use, individual case review, post-event reviews, and on other issues related to the district’s medical emergency response program. o Provide guidance on the drafting of applicable documents related to the AED Program. 4. Authorized AED users: No person may operate an AED unless the person has successfully completed a training course in the operation of the AED approved by the American Red Cross, the American Heart Association, or by the department, in cardiopulmonary resuscitation and use of a defibrillator unless there is no trained person on site during a medical emergency (see Section 6, below). The department of health may provide periodic training bulletins and other information to persons owning and using the AED. The training course in cardiopulmonary resuscitation (CPR) and in the use of an AED shall be either a course offered by the American Heart Association or the American Red Cross. A person using an AED shall be certain that emergency personnel have been summoned by calling 911. This prohibition and training requirement shall not apply to a health care provider, as defined in section 9432(8) of Vermont Statute Title 18, Chapter 17, if the person has received appropriate training in the use of the AED as part of his or her education or training. The AED may be used by the following CPR/AED trained individuals : o Employees including: administrators, nurses, athletic/activities director, athletic trainers, and office staff. o Additional staff as identified by school and district administration. Examples: teachers, coaches, field/game managers, and security staff. o Any trained volunteer responder who has successfully completed an approved CPR/AED training program within the last two years and has a successful course completion card. 5. AEDTrained Employee Responsibilities: o Activating internal emergency response system and providing prompt basic life support including AED and first aid according to training and experience. o Understanding and complying with requirements of this policy. o Following the more detailed procedures and guidelines for the AED program. 6. Volunteer Responder Responsibilities: Any person, other than a person defined as a health care provider by Section 9432(8) of Vermont Statute Title 18, Chapter 17 (see Section 4 of this policy), who acts in good faith and has complied in all material respects with the requirements of relevant state laws and who renders emergency care by the use of an AED, shall not be liable for civil damages for that person’s acts or omissions unless those acts or omissions were grossly negligent or willful and wanton.
7. Medical Response Documentation: Internal PostEvent Documentation: It is important to document each use of the medical emergency response system. The following forms shall be sent to the AED Program Coordinator or designee within 24 hours of a medical event: o An accident report form shall be completed by a responding employee for each accident requiring first-aid of any type. o The AED-trained employee or volunteer responder shall complete a medical event form (9-1-1 form) whenever an AED is used. External PostEvent Documentation: A copy of AED use information shall be presented within 48 hours of the emergency to the following: o Supervising Physician of the AED program o Local EMS, county, state officials as designated in state AED requirements and local regulations 8. PostEvent Review: Following each deployment of the response team member, or if a volunteer responder uses an AED, a review shall be conducted to learn from the experience. The AED Program Coordinator or designee shall conduct and document the post-event review and consult with the Supervising Physician. All key participants in the event shall participate in the review. Included in the review shall be the identification of actions that went well and the collection of opportunities for improvement as well as critical incident stress debriefing. 9. Annual System Assessment & Report to the Superintendent Concerning the Program’s Effectiveness and Suggestions for Changes to Procedures: Once each calendar year, the AED Program Coordinator or designee shall conduct and document a system readiness review. This review shall include the following elements: o Training records o Equipment operation and maintenance records o Post-Event review summaries o Comments and suggestions gathered from school-based AED coordinators o Consultation with the supervising physician Based on the annual system assessment, the superintendent may direct the AED Program Coordinator to make changes to the procedures for AED use or may suggest policy changes to the relevant school board(s). 10. Applicable Vermont Statutes •
Title 18, Chapter 17, § 907. Automated external defibrillators
Date Warned: July 5, 2013 Date Adopted: July 15, 2013
CODE F1 (Mandatory) STUDENT CONDUCT AND DISCIPLINE Policy It is the policy of the Rockingham School District to maintain a safe, orderly, civil and positive learning environment. In order to ensure that the school is free from hazing, harassment, bullying and other disruptive misconduct, a system of classroom and school management practices, supported by consistent, clear and fair disciplinary procedures, will be utilized. The goal of this policy is to create an environment where the rules for student behavior are clearly stated, are understood and accepted by students and staff, and are applied in compliance with due process requirements. This policy is to be applied in conjunction with the school's overall discipline plan developed pursuant to 16 V.S.A. § 1161a. Student Responsibilities It is the responsibility of each student to contribute to a safe and productive learning environment in the school by demonstrating respect and consideration for fellow students and adults. This includes complying with all policies and rules of conduct of the School District and individual classrooms. Administrative Responsibilities The Principal, in consultation with the educational staff will develop an overall discipline plan pursuant to 16 V.S.A. §1161a. The plan will include clear guidelines for student behavior. Behavioral expectations, and the consequences of misconduct, will be stated in the student handbook and other publications distributed to students and parents/guardians. The rules of conduct will be distributed to, and discussed with, all students at the beginning of each school year in accord with procedures stated in the school discipline plan. Students will be instructed to share the student handbook with their parents. Copies of the handbook will be provided to parents or guardians in a manner determined by the Principal. The Principal may ask that parents sign a form indicating that they have reviewed the rules of conduct with their children. When new students enroll during the school year, they and their parents will be given copies of the rules of conduct as part of the pre-enrollment process. The Principal or his or her designee shall be responsible for carrying out discipline procedures conforming with the following guidelines. 1.
A student may request a meeting with the Principal or his or her designee to review any disciplinary action, other than a suspension or expulsion, affecting the student. If requested, the Principal or designee shall hold an informal meeting to review the incident and to hear the views of the student and any other persons who may have information that the Principal or designee believes to be relevant in the circumstances. The Principal or designee shall issue a prompt decision to the student, which may be oral or written. Except as otherwise provided in this policy, the decision of the Principal will be final.
2.
Suspension or expulsion of students shall be imposed in accordance with state and federal law and regulations, due process requirements, and the following rules and procedures: F1: Page 1 of 3
A.
The Principal or his or her designee may assign a student to in-school detention for up to 10 consecutive school days for any infraction of school rules. As provided in the school's overall discipline plan, students assigned to in-school detention will be provided with reasonable opportunities to complete academic assignments and to benefit from counseling or other activities designed to bring about improvements in their behavior.
B.
A student who poses an immediate danger to persons or property or a significant threat of disrupting the academic process of the school shall be removed from the school or to a place within the school determined by the Principal, Superintendent or their designee to be sufficiently secure to ensure the safety of students and school personnel and the continuation of the academic process. The Superintendent or Principal or their designee shall notify a parent or guardian of a student who is removed from school without undue delay. If the parent, guardian or other responsible person designated as an emergency contact by the parent or guardian cannot be notified, the student will be detained at school or at another safe and secure setting for the remainder of the school day.
C.
No student will be removed from school for more than the remainder of a school day unless the student and his or her parents are given an opportunity for an informal hearing pursuant to paragraph “D” of this policy. When immediate removal of a student is necessary prior to a hearing, the hearing shall be held as soon as possible following the removal.
D.
The Superintendent or Principal may suspend a student from school for a period of 10 days or less for misconduct occurring on or off school grounds. Except as provided in paragraph b above, prior to such a suspension, the student and his or her parent or guardian shall be given an opportunity for an informal hearing with the Principal or his or her designee. The student and his or her parent or guardian must be given notice of the charges, an explanation of the evidence against the student, an opportunity for the student to tell his or her side of the story, and a decision in writing to the parent or guardian.
E.
The Superintendent or Principal may, with the approval of the Board and in accordance with 16 V.S.A. §1162(a), impose a long-term suspension or expulsion of a student (for longer than ten days and up to 90 school days or the remainder of the school year, whichever is longer) for misconduct on school property, on a school bus or at a schoolsponsored activity when the misconduct makes the continued presence of the student harmful to the welfare of the school.
F.
In accord with the overall discipline plan developed under 16 V.S.A. § 1161a, short-term (ten days or less) or long-term suspension or expulsion may be imposed for misconduct not on school property, on a school bus or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated.
G.
Long-term suspension or expulsion must be preceded by notice and formal due process procedures, including the opportunity for a hearing before the School Board. The Superintendent shall notify the student and his or her parents in writing of the nature of the charges, the date, time and place of the hearing, the right to legal representation, and the disciplinary action to be recommended to the board. This notice shall be provided in F1: Page 2 of 3
sufficient time to allow the student and his or her parents to prepare for the hearing. At the hearing, the student and parent/guardian shall be given an opportunity to present evidence and to cross-examine witnesses. The Board shall issue a written decision within two (2) days of the conclusion of the hearing. 3.
Notwithstanding the above provisions, a legal pupil who has a disability or is suspected of having a disability, and is eligible for special education services or Section 504 services may be removed from his or her current educational placement for disciplinary reasons for more than 10 consecutive days, or for more than 10 cumulative days in a school year only in accordance with Vermont State Board of Education Rules 4313 or 4312. The school Principal, with the agreement of a special education administrator, may impose short-term disciplinary sanctions on special education students as provided in Vermont State Board of Education Rule 4313. The Superintendent and coordinator of special education will develop additional procedures as needed to govern the discipline of students with disabilities.
4.
In the event a student brings a weapon to school, the procedures set forth in the District’s Weapons policy (F21) shall apply.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
April 21, 2008 May 5, 2008 16 V.S.A. §1161a (discipline) 16 V.S.A. §1162 (suspension and expulsion) 20 U.S.C. §§1400 et seq.(IDEA) 29 U.S.C. §794 (Section 504, Rehabilitation Act of 1973) VT State Board of Education Manual of Rules & Practices §4311, 4312, 4313 Board Commitment to Non-Discrimination (C6) Public Complaints About Personnel (D10) Interrogations or Searches of Students by Law Enforcement Officers or Other Non-School Personnel (F4) Search and Seizure (F3) Alcohol and Drug Abuse (F7) Weapons (F21) F1: Page 3 of 3
CODE F1-P PROCEDURES: STUDENT CONDUCT The rules of conduct will be distributed to, and discussed with, all students at the beginning of each school year in accord with procedures stated in the school discipline plan. Students will be instructed to share the student handbook with their parents. Copies of the handbook will be provided to parents or guardians in a manner determined by the principal. The principal may ask that parents sign a form indicating that they have reviewed the rules of conduct with their children. When new students enroll during the school year, they and their parents will be given copies of the rules of conduct as part of the pre-enrollment process. The principal or his or her designee shall be responsible for carrying out discipline procedures conforming with the following guidelines. 1. A student may request a meeting with the principal or his or her designee to review any disciplinary actions, other than a suspension or expulsion, affecting the student. If requested, the Principal or designee shall hold an informal meeting to review the incident and to hear the views of the student and any other persons who may have information that the Principal or designee believes to be relevant in the circumstances. The Principal or designee shall issue a prompt decision to the student, which may be oral or written. Except as otherwise provided in this policy, the decision of the Principal will be final. 2. Suspension or expulsion of students shall be imposed in accordance with state and federal law and regulations, due process requirements, and the following rules and procedures: A. The Principal or his or her designee may assign a student to in-school detention for up to 10 consecutive school days for any infraction of school rules. As provided in the school’s overall discipline plan, student assigned to in-school detention will be provided with reasonable opportunities to complete academic assignments and to benefit from counseling or other activities designed to bring about improvements in their behavior. B. A student who poses an immediate danger to persons or property or a significant threat of disrupting the academic process of the school shall be removed from the school or to a place within the school determined by the Principal, Superintendent or their designee to be sufficiently secure to ensure the safety of students and school personnel and the continuation of the academic process. The Superintendent or Principal or their designee shall notify a parent or guardian of a student who is removed from school without undue delay. If the parent, guardian or other responsible person designated as an emergency contact by the parent or guardian cannot be notified, the student will be detained at school or at another safe and secure setting for the remainder of the school day. C. No student will be removed from school for more than the remainder of a school day unless the student and his or her parents are given an opportunity for an informal hearing pursuant to paragraph “D” of this policy. When immediate
D.
E.
F.
G.
removal of a student is necessary prior to a hearing, the hearing shall be held as soon as possible following the removal. The superintendent or principal may suspend a student from school for a period of 10 days or less for misconduct occurring on or off school grounds. Except as provided in paragraph B above, prior to such a suspension, the student and his or her parent or guardian shall be given an opportunity for an informal hearing with the Principal or his or her designee. The student and his or her parent or guardian must be given notice of the charges, an explanation of the evidence against the student, an opportunity for the student to tell his or her side of the story, and a decision in writing to the parent or guardian. The superintendent or principal may, with the approval of the Board and in accordance with 16 VSA §1162(a), impose a long-term suspension or expulsion of a student (for longer than ten days and up to 90 school days or the remainder of the school year, whichever is longer) for misconduct on school property, on a school bus or at a school-sponsored activity when the misconduct makes the continued presence of the student harmful to the welfare of the school. In accord with the overall discipline plan developed under 16 VSA § 1161a, short-term (ten days or less) or long term suspension or expulsion may be imposed for misconduct not on school property, on a school bus or at a schoolsponsored activity where direct harm to the welfare of the school can be demonstrated. Long-term suspension or expulsion must be preceded by notice and formal due process procedures, including the opportunity for a hearing before the School Board. The superintendent shall notify the student and his or her parents in writing of the nature of the charges, the date, time and place of the hearing, the right to legal representation, and the disciplinary action to be recommended to the Board. This notice shall be provided in sufficient time to allow the student and his or her parents to prepare for the hearing. At the hearing, the student and parent/guardian shall be given an opportunity to present evidence and to crossexamine witnesses. The Board shall issue a written decision with 5 days of the conclusion of the hearing.
3. Notwithstanding the above provisions, a legal pupil who has a disability or is suspected of having a disability, and is eligible for special education services or Section 504 services, may be removed from his or her current educational placement for disciplinary reasons for more than 10 consecutive days, or for more than 10 cumulative days in a school year only in accordance with Vermont State Board of Education Rule 4313 or 4312. The school Principal with the agreement of a special education administrator, may impose short-term disciplinary sanctions on special education students as provided in Vermont State Board of Education Rule 4313. The Superintendent and Coordinator of Special Education will develop additional procedures as needed to govern the discipline of students with disabilities. In the event a student brings a weapon to school, the procedures set forth in the District’s Firearms policy shall apply.
CODE F2 BUS DISCIPLINE Policy It is the policy of the Rockingham School District to provide a safe environment on school buses transporting students to and from school and school activities. Administrative Responsibility Maintaining student control on the bus is a primary responsibility of the driver. Unmanageable behavior will be reported to the school Principal. Parents will be notified at the discretion of the Principal. Student Misbehavior In the event a student is denied transportation privileges for a period of time, parents will be given notice by letter as well as by direct verbal contact when possible. A driver may remove a student from the bus when that student's behavior represents a serious immediate threat to the health and safety of fellow passengers and/or the driver and when removal of the student will not endanger the student's health or safety.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §1221 (Transportation of students) 16 V.S.A. §1161a (Discipline) 16 V.S.A. §1162 (Suspension and expulsion) Transportation (F9) Student Conduct and Discipline (F1) F2: Page 1 of 1
CODE F3 SEARCH AND SEIZURE Policy It is the policy of the Rockingham School District to maintain school property to assure the safety and enjoyment of students, school employees and the general public and to extend the useful life of the school facilities. To carry out this policy the school retains the right to examine all its property and to carry out searches or to seize property under the guidelines provided in this policy. Guidelines for Searches and Seizure 1. Desks, lockers, textbooks and other materials or supplies loaned by the school to students remain the property of the school, and may be opened by school employees for cleaning, maintenance or emergencies. When prohibited items are found in the course of routine cleaning or maintenance, or in the case of emergency, they will be confiscated and a report will be made to the Principal who will determine whether further investigation is warranted. 2.
School property may also be searched by school employees upon reasonable suspicion on the part of the Principal, Assistant Principal, or Superintendent that a law or school policy is being violated. Searches of school property in the possession of students will not extend to areas or items not reasonably calculated to aid in the enforcement of specific policies or laws.
3.
Searches of students' persons, personal effects or vehicles may be conducted if there is reasonable cause to believe that such search will produce evidence of a breach of school policy or law. Search of a student's person will be conducted by a school employee of the same sex and, whenever possible, in the presence of another school employee. A strip search will be conducted only upon probable cause (and will not be carried out by school personnel).
4.
School employees are not the agents of law enforcement officials. Search and/or seizure by law enforcement officials on school property may occur when a warrant or other legal basis exists authorizing such search and/or seizure, and when the requirements of the Board's policy on interrogations by law enforcement officers have been complied with.
5.
Copies of this policy will be distributed to students when they enroll in school, and will be included in the student handbook given to students and parents at the beginning of each school year.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 New Jersey v. T.L.D., 105 S.Ct. 733 (1985) Vernonia School District v. Acton, 115 S.Ct. 2386 (1995) M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979) Interrogation or Searches of Students by Law Enforcement Officers or Other Non-School Personnel (F4) Student Conduct and Discipline (F1) F3: Page 1 of 1
CODE F4 INTERROGATION OR SEARCHES OF STUDENTS BY LAW ENFORCEMENT PERSONNEL OR OTHER NON-SCHOOL PERSONNEL Policy School employees are not the agents of law enforcement officials. For purposes of law enforcement interrogations, searches and/or seizure may occur on school property under the guidelines outlined in this policy. Guidelines 1. Search and/or seizure by law enforcement officials on school property may occur when a warrant or other legal basis exists authorizing such search and/or seizure. 2.
No questioning by non-school personnel of a student under the age of eighteen who may be accused of an offense shall occur without the knowledge of the school administrator and the knowledge and permission of the parent(s) or guardian(s) who will have been given the opportunity to be present at the time of the questioning. Questioning may, however, take place without notification of parents if such questioning is 1) part of a child abuse or neglect investigation conducted by the Department of Social and Rehabilitation Services in accordance with Chapter 49 of Title 33 of the Vermont Statutes Annotated; or 2) required due to an emergency or urgent potential danger to life, or property, as determined by the Principal, and reasonable efforts to notify the student's parents are unsuccessful.
3.
Any interrogation by non-school personnel must be conducted in private with the Principal or his or her designee present.
4.
A student may not be released to the custody of persons other than a parent or legal guardian, unless placed under arrest by legal authority.
5.
If a student is removed from the school by legal authority, the student's parent(s) or guardian(s) should be notified of this action by school officials as soon as possible.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 33 V.S.A. §4915 (Child welfare services) Search and Seizure (F3) Student Conduct and Discipline (F1)
F4: Page 1 of 1
CODE F5 (Mandatory) STUDENT RECORDS Policy The Rockingham School District recognizes the importance of keeping accurate and appropriate education records for students as part of a sound educational program and is committed to act as trustee of this information, maintaining these records for educational purposes to serve the best interests of its students. The information contained in students' education records belongs primarily to the students and/or their parent(s), or guardians. The principle of confidentiality underlies all policies and procedures for the collection, maintenance, disclosure and destruction of educational records. The building Principal will be the legal custodian of all student records in a given school. The Superintendent has overall responsibility for school records throughout the District and for assuring that adequate systems are in place to maintain such records. Definitions 1. Other school official determined to have legitimate educational interests means a person who needs to review a student’s education record or receive information there from in order to fulfill his or her employment or official responsibilities and who is in any one the following subgroups: o
A person employed by the Rockingham School District as an administrator, supervisor, educator or substitute therefore, paraprofessional or support staff member, including tutorial, health, law enforcement, custodial, transportation, nutrition, athletic, extra-or co-curricular, clerical or other support staff;
o
A member of the Rockingham School District School Board;
o
A person or company with whom the Rockingham School District has contracted to perform a special task, including an attorney, auditor, medical consultant, therapist, evaluator;
o
A volunteer assisting another school official in the performance of his or her tasks; and
o
Any other person designated by the Rockingham School District Board or Principal of any school within the Rockingham School District to have legitimate educational interests.
Directory information. The school will release directory information only if the parent, guardian or eligible student informs the Principal in writing that any or all of the information designated below may be released. F5: Page 1 of 5
o
Student's name, address, date of birth, dates of enrollment;
o
Parent or guardian’s name and address;
o
Student's grade level classification;
o
Student's participation in recognized school activities and sports;
o
Weight and height of member of athletic teams;
o
Student's diplomas, certificates, awards and honors received.
NOTE: FERPA regulations permit the identification as directory information any "information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed." The above list is, therefore, suggestive. Implementation The Superintendent is responsible for developing procedures to assure the consistent implementation of this policy. The procedures shall comply with all federal and state laws and regulations governing the collection, maintenance, disclosure and destruction of education records. 1. Parental Notification. Annually, the school will notify parents or guardians of students currently in attendance and eligible students (age 18 and over) currently in attendance of their rights under the Family Educational Rights and Privacy Act (FERPA) of 1974. Notice will be given in a manner outlined by the Superintendent and likely to inform parents or guardians and eligible students of their rights. The notice will include a statement that the parent or guardian or eligible student has a right to: o
Inspect and review the student's education records;
o
Request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights;
o
Consent to disclosure of personally identifiable information contained in the student's education records, except to the extent that the Act authorizes disclosure without consent;
o
File with the U.S. Department of Education a complaint concerning alleged failures by the school to comply with requirements of the Act; and
o
Obtain a copy of the school's policy and written procedures or protocols related to student records. F5: Page 2 of 5
2. Notification to Parents Required by the No Child Left Behind Act o
Parents of students attending grades 9-12 and eligible students shall be notified annually that the No Child Left Behind Act requires the release of a student’s name, address and telephone listing to military recruiters and institutions of higher learning upon request. In accord with the Act, parents or eligible students will further be notified that they may request that the district not release this information, and the district will comply with the request.
o
Parents shall be notified annually if the district has or adopts a policy on the collection or use of personal information collected from students for the purpose of marketing or selling that information or otherwise providing that information to others for that purpose, including arrangements to protect student privacy in the event of such collection, disclosure or use.
3. Release/Review of Student Information o
o
Disclosure of student information will be made only with the written consent of the parent or guardian or eligible student subject to the following exceptions: §
Information may be disclosed to officials of the school in which the student is enrolled who have a legitimate educational interest in the records and require the information to adequately carry out their jobs;
§
Information may be disclosed upon request to officials of a school in which the student seeks or intends to enroll;
§
Under court order or subpoena;
§
To individuals seeking Directory Information: see definitions
§
In connection with a student’s request for financial aid;
§
To appropriate parties in a health or safety emergency.
Parents or guardians of students or eligible students may inspect and review the student’s records upon request. Parents or guardians should submit requests to the Principal in writing specifying as precisely as possible the information he or she wishes to inspect. The Principal will make appropriate arrangements to meet with the parent(s) or guardian(s) for such inspection according to procedures developed by the school’s administration.
F5: Page 3 of 5
If an eligible student or parent or guardian believes the education records contain information that is inaccurate, misleading or in violation of any of the student’s rights, s/he may request the building Principal to amend the record. If the building Principal decides not to amend the record as requested, the student or parent or guardian may appeal using the District’s general appeal process. o
Non-custodial Parents: Access to a student’s school records shall not be denied to a parent solely because that parent has not been awarded parental rights and responsibilities by a court. However, access will be denied where a court order or other legally binding document specifically revokes a parent’s right of access to such records.
o
Each contract entered into between the Rockingham School District and persons or entities who may either receive a student's education records or personally identifiable information shall contain a provision setting forth the restrictions on redisclosure of information from education records.
o
Union High School District will maintain a record of all requests for and/or disclosures of information from a student’s records according to the school’s procedures. The District will record, also, all requests for amendment of the record and the disposition of the request(s).
4. Juvenile Court Records. The Family Court is required to inform in writing the Superintendent of the District in which a student is enrolled within seven days of a court finding that the student has committed a delinquent act requiring notice. o
Sharing of Information. The Superintendent shall inform only those for whom the information is necessary for the rehabilitation program of the child or for the protection of staff or students, and only after first evaluating rehabilitation and protection measures that do not involve informing staff or students. “Need to know” should be narrowly and strictly interpreted. Persons receiving this information shall not discuss the information with anyone except the Superintendent, the child, the child’s parent or guardian, law enforcement personnel, the student’s probation officer or others who have been similarly informed.
o
Maintenance of Records. The notice from the Family Court shall be maintained by the Superintendent in a file separate from the student’s education record. Upon the graduation of the student or when the student turns 18, the Superintendent shall destroy the record. If a student transfers to another public or private school,
F5: Page 4 of 5
the Superintendent shall forward the written notice in the original marked envelope to the Superintendent or headmaster of the school to which the student is transferring. o
Transfer of Records. When a student transfers to another school or school district, all student records shall be forwarded.
o
Staff Training. Annually, the Superintendent shall ensure that training is provided to each member of the School Board and staff concerning his or her responsibilities to maintain the confidentiality of information from student education records consistent with the Family Educational Rights and Privacy Act. Such training shall be tailored to the scope of the staff or Board member’s duties and, as appropriate, include presentation of information on:
Date Warned: Date Adopted: Legal Reference(s):
§
The maintenance and storage of education records;
§
Record keeping requirements regarding disclosure of a student’s education records;
§
The potential penalties both to the staff member and the school for inappropriate disclosure of a student’s education record or personally identifiable information there from.
§
The definitions of “record,” “education record,” “directory of information,” and “personally identifiable information” under federal law;
§
Where to receive advice and direction in circumstances where the Board or staff member’s responsibilities in this regard are unclear; and
§
The penalties for violation of the rules of confidentiality set forth in Vermont law.
March 20, 2006 April 3, 2006 20 U.S.C. §§1232f-1232j (Federal Family Educational Rights and Privacy Act of 1974) 20 U.S.C. § 7908 (NCLBA Armed Forces Recruiter/Higher Education Access) 34 C.F.R. Part 99 1 V.S.A. §317 (Definitions) 15 V.S.A. §670 (Non-custodial parents) 33 V.S.A. §5536a (Juvenile court records) VT State Board of Education Manual of Rules and Practices §2120.8.3.3
F5: Page 5 of 5
CODE F6 STUDENT MEDICATION Policy It is the policy of the Rockingham School District to have procedures in place to assure that medication required by students during the school day will be administered and maintained in a safe manner as directed by the student’s parent, guardian or health care provider. Implementation The Superintendent (or designee) will develop procedures that assure that the dispensing of prescribed medication to any student during the regular school day or during school sponsored activities comply with the following: 1.
Medication may be given by the school nurse or principal upon written orders from a physician, and upon written request of a student's parent or guardian that the School District comply with the physician’s order. The physician's orders must detail the name of the drug, dosage, time interval the medication is to be taken, diagnosis and reason for giving.
2.
Medication must be brought to school in a container labeled by the pharmacy or physician and stored in a secure, locked storage place.
Non-prescription medication must be accompanied by a written request from the parent or guardian of a student bringing such medication to school. The request must contain assurances that the student has suffered no previous ill effects from the use of medication. Medication must be left in the custody of the school nurse or principal. The school shall provide an opportunity for communication with the pupil, parent or guardian, and physician regarding the efficacy of the medication administered during school hours.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
April 21, 2008 May 5, 2008 Vt. State Board of Education Manual of Rules and Practices §§4220 et seq. F6: Page 1 of 1
CODE F6 A Parent/Guardian Authorization Form As the parent/guardian of ______________________________, I hereby authorize my child to possess and self administer emergency medication at school, on grounds, at school sponsored activities, on school provided transportation and during school-related programs. As documented by the attached physician’s statement, my child has __________________________(name the specific life-threatening allergies or asthma applicable to this authorization), and is capable of, and has been instructed by the physician in, properly self-administering the emergency medication named by the physician. As further documented by the attached physician’s statement, my child has been advised of possible side-effects of the medication and has been informed of when and how to access emergency services. The attached plan of action, developed specifically for the __________________school year in consultation with the school nurse, is based on the documentation provided by the physician’s statement and includes the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken. The plan of action also indicates that the medication is solely for the use of my child, and includes the names of individuals who will be given copies of the plan. I understand that one of the requirements of the plan is that my child will notify a school employee or agent after self-administering emergency medication.
As required by Act 175 of 2008, I hereby release the school, its employees and agents, including volunteers, from liability as a result of any injury arising from my child’s self-administration of emergency medication, except when the conduct of the school, school employee or agent would constitute gross negligence, recklessness or intentional misconduct. Signed on_______________________at_______________________________________. Date
Town
State
By__________________________________________________Dated__________________________________ Parent/Guardian
CODE F7 (Mandatory) ALCOHOL AND DRUGS Policy It is the policy of this Rockingham School District that no student shall knowingly possess, use, sell, give or otherwise transmit, or be under the influence of any illegal drug, regulated substance, or alcohol on any school property, or at any school sponsored activity away from or within the school. Philosophy This policy is concerned with the health and well-being of all students and the policy takes into consideration the individual needs of students with alcohol and substance abuse problems as well as the right of all students to receive an appropriate education in an alcohol and drug free environment. The Board encourages educational programs that provide every student with an understanding of the physical, psychological, social and legal dangers associated with drug abuse. Chemical abuse and dependency are treatable health problems that are primarily the responsibility of the home and the community. The school shares this responsibility in the areas of prevention (education) and intervention (identification and referral). Community and schools share in this responsibility because chemical problems often interfere with behavior, learning, and the fullest possible development of each student. Definitions Alcohol and drug (substance) abuse is the ingestion of a substance in such a way that it interferes with a person’s ability to perform physically, intellectually, emotionally, or socially. Drug means any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined by state or federal regulation or statute. Implementation The Superintendent (or designee) is responsible for implementing procedures to see that the following requirements are met: 1.
2.
Educational Program. The District shall conduct an alcohol and drug abuse educational program on a sequential basis from early childhood through grade 12 in accordance with the mandates of 16 V.S.A. §909, the Vermont Alcohol and Drug Education Curriculum Plan, and the federal Safe and Drug-Free Schools and Communities Act (20 U.S.C. §§7101 et seq.). Cooperative Agreements. In dealing with substance abuse cases, every effort will be made to promote responsible decision-making by the student involved and other students who are aware of another student’s use or abuse. The focus will be to encourage appropriate medical and/or psychological intervention by trained professionals. Students and parents or guardians will be given information about outside agencies and will be encouraged to take advantage of their services and programs. F7: Page 1 of 2
The Rockingham School District has established a Student Assistance Program. Students, under the age of eighteen, who have been referred or who refer themselves to the Student Assistance Program counselor may be seen individually by the counselor for purposes of substance abuse screening and consultation. It will be the goal of the Student Assistance Program to encourage the student to involve his/her parents or guardians at the earliest point in time. No student under the age of eighteen will be referred to an outside agency for substance abuse treatment without parental consent unless, in accord with 18 V.S.A. §4226, the student is 12 or over and found by a licensed physician to be dependent upon regulated drugs or an alcoholic.
3.
4.
5. 6. 7.
Parental consent is not required for student participation in group programs conducted within the schools which are educational in nature and designed to impart information and/or assist students in improving their sense of self-esteem. Such groups may be conducted only by trained professionals contracted by the schools to perform such service or by trained school staff who have been approved by the school administration to conduct such groups. Substance Abuse Team. In each school the Principal shall form a Substance Abuse Team which shall screen students who refer themselves and students who are referred by staff for suspected drug and/or alcohol use and/or abuse problems. The membership of the team and the procedures to be used by the team will be developed by the Principal and disseminated in writing to the building faculty and staff. Staff Training. The District will provide school staff with training such that teachers and health and guidance personnel can competently teach or provide other services required in the school’s alcohol and drug abuse prevention education program. Such training is outlined in State Board Rule 4213.2. Community Involvement. The District will provide for a program to inform the community about substance abuse issues and about how schools are handling such issues. Annual Report. In a standard format provided by the Department of Education, schools will submit an annual report to the Commissioner of Education describing substance abuse education programs and their effectiveness. Notification. Parents and students will be given a copy of the standards of conduct and disciplinary sanctions contained in this policy and accompanying procedures, and will be notified that compliance with the standards of conduct is mandatory.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 20 U.S.C. §§7101 et seq. (Safe & Drug-Free Schools & Communities Act of 1994) 16 V.S.A. §909 (Education curriculum) 16 V.S.A. §1045 (Driver Training Course) 16 V.S.A. §1165 (Alcohol and drug abuse) 18 V.S.A. §4226 (Drugs: minors, treatment, consent) Vt. State Board of Education Manual of Rules and Practices §§4200 -4215 Student Conduct and Discipline (F1) Search and Seizure (F3) Interrogations or Searches of Students by Law Enforcement Officers or Other Non-School Personnel (F5) F7: Page 2 of 2
CODE F7-P (Mandatory) PROCEDURES: STUDENT ALCOHOL AND DRUG Students who are experiencing problems with alcohol and drugs are in need of assistance. The type of assistance needed may vary; however, the school system is committed to providing the most appropriate response to each individual. The actions set forth below will be considered routine procedures. School staff will immediately report any violation of the law, including illegal possession or distribution of drugs or alcohol, to the principal. In situations where extreme violations occur, the specific action may be waived by the administrator. Any action taken by waiver of these procedures will be explained in a written report to the superintendent. All disciplinary measures taken in accordance with this policy will comply with due process requirements and, where appropriate, will be consistent with the rights of students with disabilities as reflected in the school’s discipline policy. Students under the influence of alcohol and/or drugs 1. First Offense A. A student will be treated as an ill student and will be sent home by an administrator after the parents have been notified. In crisis situations the matter will be handled as a medical emergency and accordingly the school officials will involve ambulance and police assistance as may be appropriate. B. Upon the return to school the following day, the student will be dealt with in accordance with the school’s discipline program, if applicable. C. Police shall be notified when drugs are involved. Reporting of 1st offense alcohol problems to the police is within the discretion of the administrator. D. The student will be referred to the school’s Substance Abuse Team. 2. Second Offense A. Steps (A,B, and C) of the 1st offense procedures. B. Police shall be notified regardless of whether the offense is drug or alcohol related. C. The student will undergo an alcohol/drug assessment within 10 days of the incident and will participate in a treatment program if warranted by the assessment. D. Failure to comply with © above (will/may) result in the student being suspended from school for ten (10) days. 3. Third Offense A. Step (A) of the 1st offense procedures. B. Police shall be notified. C. The student (will/may) be suspended from school for ten (10) days and may be recommended to the Board for long-term suspension or expulsion. page 1 of 2
Students in possession of drugs, drug paraphernalia, and/or alcohol When students are found in possession of drugs, drug paraphernalia, and/or alcohol, the substance(s) will be confiscated. Procedures for handling such incidents will be identical to those used when a student is found to be under the influence of drugs and/or alcohol, except for Step 1A. Students selling or furnishing alcohol and/or drugs 1. First Offense A. the student will be suspended from school for ten (10) days after the parents have been notified… B. Police shall be notified… C. The student will be referred to the school’s Substance Abuse Team… 2. Second Offense A. Steps (A) and (B) for 1st offense will be followed… B. The student may be recommended to the Board for long-term suspension or expulsion… Suspected Substance Abuse When a staff member has reason to believe that a student might be having a problem related to substance abuse, the staff member shall make a referral to the Substance Abuse Team. Co-Curricular Activities Students who violate the School District’s policy on alcohol and drugs while they are members of a school team, are subject to additional disciplinary actions as are defined In the school’s training rules. Any student who commits a second offense, in the same year, of the School District’s policy may not represent the school and consequently the student will immediately be dismissed from all co-curricular activities (athletic and non-athletic) for the remainder of the school year.
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CODE F8 REPORTING SUSPECTED CHILD ABUSE OR NEGLECT Policy It is the policy of the Rockingham School District to ensure that all School District employees report suspected child abuse and/or neglect as outlined in 33 V.S.A. §4911 et seq. Purpose The purpose of this policy is to protect children whose health and welfare may be jeopardized by abuse or neglect. It is further the purpose of this policy to make clear to all School District employees and school officials that it is not their role to be investigator, judge and jury in cases of suspected abuse or neglect. Rather, it is the role of School District employees to be faithful and timely reporters of suspected abuse or neglect so that allegations can be brought to the attention of objective, trained and experienced investigators. Definitions 1. Immediately means as soon as the abuse or neglect is suspected but in no case later than 24 hours after such abuse or neglect is suspected. 2.
Suspected means the School District employee has reasonable cause to believe such abuse or neglect occurred. This does not mean that the employee must be convinced the abuse or neglect occurred. Doubts the employee may have shall be resolved in favor of reporting the suspicion. Further, the employee shall not refrain from making a report under this policy for the reason that there may be retaliation against the child because the employee has a confidential relationship with the child, or for any other reason no matter how well-intentioned.
3.
Report means an oral or written description of the suspected abuse or neglect. If the report is made orally, the reporter should note in writing the person to whom the report was made and when the report was made. A report made to SRS shall contain the following: A. the name and address of the reporter B. the name and address, if known, of the child and the child's parents or other persons responsible for the child's care C. the age of the child D. the nature and extent of the child's injuries together with any evidence of previous abuse or neglect of the child or the child's siblings E. any other information the reporter believes might be helpful
4.
Abused or neglected child means a child under the age of eighteen whose physical health, psychological growth and development or welfare is harmed or at substantial risk of harm by the acts or omissions of the child's parent or other individual who may be responsible for the child's welfare (e.g. guardian, foster parent, stepparent, teacher, etc.), or in the case of sexual abuse, of any individual. Harm can be caused by the actual infliction of harm, including physical injury or emotional maltreatment, by allowing such harm to occur, by failing to provide the child with adequate food, clothing, shelter or health care, or by abandonment of the child. F8: Page 1 of 2
5.
Sexual abuse means any act by a person involving sexual molestation or exploitation of a child including but not limited to incest, prostitution, rape, sodomy, or any lewd and lascivious conduct involving a child. Sexual abuse also includes the aiding, abetting, counseling, hiring, or procuring of a child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts sexual conduct, sexual excitement or sadomasochistic abuse involving a child. NOTE: THE LAW PROVIDES THAT SEXUAL ABUSE MAY ALSO BE SEXUAL HARASSMENT. HOWEVER, FOLLOWING THIS SCHOOL DISTRICT'S POLICY ON SEXUAL HARASSMENT DOES NOT FULFILL A MANDATORY REPORTER'S LEGAL RESPONSIBILITIES UNDER THE SRS REPORTING LAW. SUSPECTED SEXUAL ABUSE MUST BE REPORTED TO SRS.
Implementation Any School District employee or school official, regardless of whether he or she is a "mandated reporter," under Vermont law (33 V.S.A. §4913), shall report suspected child abuse or neglect to the building Principal or his or her designee. If the building Principal or designee is the person suspected of child abuse or the person who suspects the abuse or neglect, the report shall be made to the Superintendent of schools. Upon receiving a report, the Principal, Principal's designee or the Superintendent, as the case may be, shall report the incident immediately to the Department of Social and Rehabilitation Services (SRS). Training All staff shall receive training once each school year in reporting suspected child abuse and neglect. Such training shall include assistance in recognizing the signs and symptoms of abuse and neglect. Availability of Policy This policy shall be provided each year to the parents of students in attendance and to each employee of the School District including substitute teachers. Further, this policy shall be posted in at least three prominent places within the school building.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
April 7, 2008 April 21, 2008 33 V.S.A. §§4911 et seq. (Reporting abuse of children) Harassment of Students (F20) F8: Page 2 of 2
CODE F9 (Mandatory) TRANSPORTATION A. Eligible Pupils 1. Grades 9-12 students may be bussed by the town of Rockingham, Athens, Grafton and Westminster school districts. 2. Students attending one of the two Technical Center programs shall be bussed to these programs from the high school. Exceptions may be made at the discretion of the Principal in consultation with the Transportation Supervisor. B. Bus Routes and Schedules 1. Bus routes and schedules to the Technical Centers shall be determined by the Superintendent of Schools and the Rockingham School District School Board after considering the recommendation of the Transportation Supervisor. 2. All bus routes and schedules shall be reviewed annually by the Transportation Supervisor, the Superintendent and the Rockingham School District School Board. C. Policy Exceptions 1. Parents may present requests for transportation policy change(s) to the Rockingham School District School Board for consideration. All reconsideration decisions by the Rockingham School District School Board shall be considered final. 2. Policy reconsideration may be given to a student for health reasons. D. School Sponsored Activities 1. Transportation for participants in school-sponsored activities shall be provided from the Rockingham Schools to the activity site along with the return to the Bellows Falls Union High School. The Principal may modify as necessary via a procedure that has been established. Notice of these activities should be submitted to the Transportation Supervisor three days prior to the trip. E. Field Trips 1. All field trips taken by students of the Rockingham School District must have the approval of the Principal. This approval should be received at least five school days in advance of the actual field trip.
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2. All requests must be forwarded for scheduling arrangements to the Transportation Supervisor who will verify availability with the Principal prior to final approval. 3. All field trips should be taken by school bus if at all possible. If a field trip is to be taken by private (non-school) vehicles the following will be required: a. Proof of maximum liability insurance. a. State of Vermont requirement - $100,000/$300,000 b. There must be an adequate number of seat belts, and the driver must be least 21 years of age. c. Proof of extra-territorial insurance must be provided if the field trip is to be taken in the Province of Quebec, Canada. 4. A signed release form from a parent or guardian will be required of all students before the student will be allowed on the field trip with the exception that on a limited basis, the Principal may accept verbal permission. 5. All money requests from students for fees shall be minimal.
Date Approved: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §§1221, 1222 (Student transportation) 16 V.S.A. §1551 (Technical center transport) Bus Discipline (F2)
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CODE F10 STUDENT ACTIVITIES (ELEMENTARY)
Policy is not applicable
CODE F11 STUDENT CLUBS & ACTIVITIES (SECONDARY) Policy The school will maintain a student activity program appropriate to the maturity of students and as varied as staff and facilities permit. The program will be designed to offer for the greatest number of students worthwhile leisure time interests, wholesome recreational and social activity, and opportunities to develop skills in democratic and cooperative management for these activities. In accordance with the federal Equal Access Act, the Rockingham School District will grant equal access to groups of students who wish to meet for religious, political, or philosophical purposes, if the school allows other types of noncurriculum related (non-sponsored) student groups to meet. Implementation A. Sponsored Activities (Closed Forum) Membership in school-sponsored student organizations is open to all students of the school without regard to race, religion (creed), color, national origin, marital status, sex, sexual orientation, or disability. All school sponsored activities will be under the ultimate control of the School District and will comply with all policies and procedures of the school.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 20 U.S.C. §§4071 et seq. (Federal Equal Access Act) Community Use of School Facilities (H3) Admission of Resident Students (F13) Admission of Non-Resident Tuition Students (F14) Participation of Home Study Students in School Programs and Activities (F23)
CODE F12 INTERSCHOLASTIC SPORTS Policy It is the policy of the Board to provide an interscholastic athletic program for boys and girls to complement and supplement their educational programs. All school sponsored activities will be under the ultimate control of the School District and will comply with all policies and procedures of the school. Implementation Athletic programs should meet the following criteria: 1. Programs should provide a wide basis of participation in both team and individual sports in interscholastic competition. 2. Programs should provide athletic facilities and opportunities for participation in accordance with the expectations of Title IX. 3. Programs should employ qualified personnel in coaching and supervision positions. 4. Programs should stress the educational as well as recreational benefits derived from participation in interscholastic sports. 5. Programs should conform fully with the rules and regulations of the Vermont Principals’ Association. The Board will make determinations related to individual activities to be included in the athletic program of the District based on the following considerations: 1. The level of student interest in participating in an activity; 2. The level of community interest in an activity; 3. The impact of adding or eliminating an activity on the balance of opportunities for girls and boys to participate in the total athletic program; 4. The potential of the activity to remain competitive with other participating schools; and 5. The availability of qualified personnel to coach and supervise the activity. The following criteria for eligibility for participation in interscholastic sports are intended to set standards for academic eligibility: 1. Students should have passing grades in all courses taken during the previous marking period defined as the close of a program report period, or the end of a quarter. 2. Students should be in good disciplinary standing as determined by the Principal. 3. Students should be in regular attendance and should be in attendance on the day of the event unless excused by the Principal. 4. Students will also meet the criteria set forth in the guidelines of the Vermont Principals’ Association. Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §§1073 et seq. (Legal pupils) 16 V.S.A. §563(24) (Participation of home study students) Tuition Payment Policy (F16) Admission of Resident Students (F13) Admission of Non-Resident Tuition Students (F14) Participation of Home Study Students in School Programs and Activities (F23)
CODE F13 ADMISSION OF RESIDENT STUDENTS Policy Any legal pupil who is a resident as defined in 16 V.S.A. §1075 shall be eligible to attend school in this District. Residence Criteria For purposes of determining residency, the Board will apply the definitions contained in 16 V.S.A. §1075(a). Criteria for proving permanent residency shall include voter registration, automobile registration, postal address, property ownership, Vermont driver’s license with address or a utility bill with address. The burden of proving residency or any other basis for entitlement to school enrollment or tuition assistance shall be on the student and/or his or her parent or guardian. The residency of pupils under the care and custody of a state agency or child placement agency, children of homeless parents, and independent children shall be determined in accord with the requirements of 16 V.S.A. §1075 (c)-(h). Change of Residence Parents or guardians of students who are residents of the District and enrolled in school for a portion of the school year, and who move from the District before the school year ends, may apply to the Principal for permission to finish the school year on a pro-rated tuition basis or with a tuition waiver. The Principal shall consider the student's age, attendance record during the year, progress in school and other relevant factors when considering requests to remain enrolled in school for the remainder of the school year, and shall make recommendations to the Board accordingly. Decisions and Appeals Decisions regarding student residency or continued enrollment except for state-placed students will be made by the Board. An interested person or taxpayer may appeal a residency decision of the Board to the Commissioner of Education as provided in 16 V.S.A. §1075(b).
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
May 5, 2008 June 16, 2008 16 V.S.A. §§1073 et seq. (Legal pupil) 16 V.S.A. §1075 (c)-(h) (State placed students) VT State Board of Education Manual of Rules & Practices, §1250 (Discrimination) Tuition Payment (F16)
F13: Page 1 of 1
CODE F14 ADMISSION OF NON-RESIDENT TUITION STUDENTS Policy It is the policy of the Rockingham School District to assure that non-resident students are admitted to the schools of this District, when space is available, in compliance with federal and state laws and regulations governing tuition payment and non-discrimination. Implementation 1. Tuition: By February 1st of each year, the Board shall establish non-resident tuition rates for the next school year. Separate tuition rates may be established for elementary and secondary students, and for students who are eligible to participate in special education programs. Tuition rates will be established in accord with Chapter 21 of Title 16 of the Vermont Statutes Annotated, and regulations of the State Board of Education. 2.
Criteria for Admission: No non-resident will be denied admission as a tuition student if the reason for denial is that the student is disabled as defined in section 504 of the Rehabilitation Act of 1973 as amended or that the student is in need of special education services. Nor will any child be denied admission on the basis of race, color, religion (creed), ancestry, national origin, place of birth, sex, sexual orientation, disability, age, or marital status. Subject to the non-discrimination requirements above, a non-resident who applies for admission as a tuition student shall be admitted if space is available and, if the student has previously attended school, the student is in good standing at the school or schools most recently attended. Good standing shall be demonstrated when the applicant shows: A. B. C.
that he/she has not been legally dismissed or suspended for more than ten days during the preceding twelve months for disciplinary reasons, and that he/she is making satisfactory progress toward the completion of an approved school or home study program, and that his/her school attendance record presents a reasonable likelihood that any existing attendance requirements of this School District will be met.
A non-resident who is unable to provide evidence of good standing may be admitted as a non-resident tuition student if it is the determination of the Superintendent, based on information presented by the non-resident, that there is a reasonable likelihood that the applicant will benefit from and succeed in the programs offered by the schools in this District. Appeal A non-resident applicant for admission as a tuition student may appeal the Superintendent's denial of his or her application by submitting a written request to appeal to the Board within ten days of the denial. The Board will provide an opportunity for the applicant and/or his or her parent or guardian to discuss the request not to uphold the decision of the Superintendent. The Board will render a decision within 30 days of the request to appeal. F14: Page 1 of 2
Payment of Tuition Tuition for non-resident students shall be payable at any time prior to enrollment. When a student enrolls after the beginning of a semester, tuition for the student will be pro-rated accordingly and will be payable immediately.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
May 5, 2008 June 16, 2008 16 V.S.A. §1093 (Non-resident students) 16 V.S.A. §§823 et seq. (Elementary tuition) 16 V.S.A. §3448 (School construction) 9 V.S.A. §§4500 et seq. (Public accommodations) Interscholastic Sports (F12) Admission of Resident Students (F13) Tuition Payments (F16) Special Education (G10)
F14: Page 2 of 2
CODE F15 STUDENT PUBLICATIONS Policy It is the policy of the Rockingham School District to support and encourage student publications as part of the school curriculum while exercising its responsibility to reasonably regulate content and style. Definitions Official school publications are those produced by students in the journalism or writing classes, the school newspaper, yearbook or other similar publications and are distributed to the student body either free or for a fee. Such publications are an integral part of the school curriculum, and are not intended to be public forums. The value of school publications is in teaching journalism, English, writing, and other skills. Official school publications may include topics about which there may be dissent and controversy. School-sponsored activities must teach the importance of balance, fairness and accuracy, and produce and distribute student materials which are suited to the maturity of students as a whole. Implementation The Superintendent, Principal or designee shall develop a written school publications code which will include: 1. 2. 3. 4.
A statement of purpose of school publications. Responsibilities of official school publications advisors and student editors. The time, place and manner of production and distribution activities. Procedures for resolving editorial differences.
Date Warned: Date Adopted: Legal Reference(s):
March 20, 2006 April 3, 2006 Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988) Bethel School District v. Fraser, 478 U.S. 675 (1986)
Cross Reference:
F15: Page 1 of 1
CODE F16 TUITION PAYMENT POLICY Policy The Rockingham School District will not provide tuition for students attending other public, private or approved independent schools. Individual appeals to this policy may be made to the Board if compelling and extenuating circumstances exist for the best needs of the resident student. Any payment made under this policy must be in accordance with state law. Unless otherwise provided by law, the Board's decision shall be final.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §§821 et seq. (Tuition requirements) 16 V.S.A. §1075 (Legal residence) Campbell v. Manchester Board, 161 VT 441, 641 A.2d 352 (1994) Chittenden Town School District v. Department of Education, 169 VT 710, 738 A.2nd 539 (1999) Admission of Resident Students (F13) F16: Page 1 of 1
CODE F17 HEAD LICE Policy The psychological, social and economical impact of head lice infestations can create a problem in the community. Recognizing that a sizeable number of cases exist from time to time, the Westminster School District will take the necessary measures to reduce the loss of instructional time for students. Prevention Prevention strategies are an important part of controlling the spread of lead lice. The Principal (or designee) using public health resources when necessary will develop a plan detailing a system-wide approach to preventing and controlling the spread of a head lice infestation. The plan will include the following: 1.
Identify partners who will need to collaborate such as parents and children, school nurses and other school personnel, child care providers, local physicians, town health officers, public health staff, community health clinic staff, community volunteers and other community and business members (e.g. dry cleaners, laundromats, pharmacies).
2.
Provide in-service education for all staff with emphasis on diagnosis, mode of transmission, treatment, and control plans.
3.
Prepare educational materials which will be distributed at least annually at the beginning of each school year to parents and students as well as immediately following any outbreak at school.
4.
Institute school and classroom practices that include A. Assign individual hooks for student belongings. B. Have students keep their hats inside their coat sleeves. C. Permanently assign resting mats, towels or pillows and keep separate while in use or in storage. D. Discourage sharing of combs, brushes or hair ornaments. E. Limit the transporting of personal toys such as stuffed animals from home to school.
Managing Head Lice Cases 1. 2.
Any staff member who suspects head lice will report this immediately to the school nurse or Principal. Any student with an active head lice infestation poses little risk to others; therefore, the student shall remain in class until the end of the day, but be discouraged from close contact with others. Confidentiality must be maintained so that the student is not embarrassed.
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3. Notify the student’s parent by phone on the day that head lice are found or send home a note with the student at the end of the school day. Verbal and written instructions for treatment will be given to the family of each identified student. 4. Routine screening for lice has not been proved to have a significant effect on the incidence of head lice in schools. 5. Students will be readmitted to school after the first treatment with a written or verbal confirmation from the parent or guardian that the initial treatment has been completed. 6. Each re-entering student will be examined by trained personnel to look for evidence that the treatment was performed. 7. The school nurse will provide additional in-service education as needed for staff with emphasis on diagnosis, treatment and control plans. 8. The school nurse will initiate educational programs for students as necessary.
Date Warned: Date Adopted: Legal References:
March 17, 2008 April 15, 2008 VT State Board of Education Manual of Rules & Practices, §2192 VT School Health Services Manual: Standards of Practice, Appendix 29-A-1 through 29-A-8
Cross Reference: F17: Page 2 of 2
CODE F17-R
PROCEDURES FOR MANAGING A HEAD LICE OUTBREAK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Send home for treatment at the end of the school day any individuals with evidence of live lice. Check all heads in affected classrooms daily until all evidence is eliminated. Vacuum carpeted classrooms daily during outbreak. Discontinue temporarily “dress-up” activities and other activities that involve close person-to-person contact. Do not spray with pesticides. Encourage families to contact health care providers if they suspect treatment has failed. Siblings and close personal contacts should be examined, and if infected, should be instructed on treatment. Send general fact sheet and a notice of the outbreak home to all parents. Elicit help of all parents to check for head lice daily. Encourage parents to notify the school, childcare provider, and other close personal contacts when head lice have been identified. [the Vermont Department of Health, the American Academy of Pediatrics and the National Association of School Nurses discourage the implementation of a “no nit” policy, and recommend that children be readmitted to school after proper treatment despite the possible presence of nits.]
CODE F18 EIGHTEEN YEAR-OLD STUDENTS Policy Eighteen year-old students are subject to all school policies, rules and standards. Except as provided in this policy, report cards, discipline reports and other communications from the school will be provided to responsible parents or guardians of all students regardless of the age of those students. Permission Permission slips for participation in field trips or other school activities may be signed by 18 year-old students. Eighteen year-old students may sign their own absence and late notes, but parents will be notified of absences and tardy incidents for their 18 year-old children on the same basis as other students, unless communications from the school are limited to the student only in accord with this policy. Communications with Parents/Guardians Students who are 18 years old or older may request, in a manner designated by the Superintendent, that communications to their parents or guardians be provided to them as well. The school will comply with these requests. Students who are 18 years old or older may request, in a manner designated by the Superintendent, that all communications from the school be made to them and not to their parents. These requests will be granted by the Superintendent or his or her designee only when the student's responsible parents or guardians agree in writing, or when the student shows that he or she is not a dependent student as defined in section 152 of the Internal Revenue Code of 1954. The maintenance and distribution of documents defined by the Family Educational Rights and Privacy Act of 1974 as student records will be governed by that Act and the regulations promulgated pursuant to that Act. The Superintendent or his or her designee shall develop procedures where necessary to implement this policy.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 6, 2006 20 U.S.C. §§1232f-1232j (Family Educational Rights & Privacy Act of 1974) 34 C.F.R. Part 99 15 V.S.A. §670 (Access to records by divorced parents) Student Records (F5)
F18: Page 1 of 1
CODE F19 (Mandatory) LIMITED ENGLISH PROFICIENCY STUDENTS Policy It is the policy of the Board to ensure that national origin minority students with limited-English proficiency (LEP) have meaningful access to school programs. Implementation The Superintendent or his or her designee shall be responsible for implementing procedures to comply with federal and state laws which define standards for serving LEP students. Procedures will be established to: 1.
Identify and assess all students whose primary language is not English, and who, therefore, have or may have difficulty performing ordinary class work in English and who cannot learn as well or achieve on parity with pupils whose primary language is English.
2.
Design or adopt LEP instructional programs recognized as sound by experts in the field, or considered legitimate experimental strategies. Instructional programs should be aimed at helping LEP students develop English language skills of comprehension, speaking, reading and writing necessary for learning and achieving in English-only instruction at a level substantially equivalent to pupils whose primary language is English.
3.
Maintain adequate records of the educational level and progress of each child identified as in need of LEP programs, and make those records available to appropriate staff members and parents or legal guardians.
4.
Objectively assess the progress of LEP students in order to determine when reclassification or transfer to fully English proficient programs is appropriate. Standards for exit from LEP programs should be objectively based and should be designed to determine whether LEP students are able to read, write and comprehend English well enough to participate meaningfully in the School District's programs.
5.
Monitor reclassified students' academic achievement to determine whether reclassified students are able to succeed all-English programs based on their English language proficiency. Monitoring of newly reclassified students should take place periodically to insure that the ongoing needs of non-English language background students are addressed.
6.
Evaluate LEP programs periodically and make modifications when necessary.
7.
Assure staff have appropriate training to implement LEP programs.
Date Warned: Date Adopted: Legal Reference(s):
March 20, 2006 April 3, 2006 42 U.S.C.§§2000 d et seq. (Title VI of the Civil Rights Act of 1964) 34 C.F.R. Part 100 9 V.S.A. §4502 (Discrimination, public accommodations) Vermont State Board of Education Manual of Rules and Procedures §1250
Cross Reference: F19: Page 1 of 1
Vermont Department of Education
POLICY ON PREVENTION OF HARASSMENT OF STUDENTS I. Purposes
CODE F20
The Rockingham School District ("District") is committed to providing all of its students with a safe and supportive school environment in which all members of the school community are treated with respect. This policy addresses incident(s) and/or conduct that occur on school property, on a school bus or at a school sponsored activity, or incident(s) and/or conduct that does not occur on school property, on a school bus or at a school-sponsored activity but where direct harm to the welfare of the school can be demonstrated.
_ Harassment is a form of unlawful discrimination that will not be tolerated. It is the policy of the District to prohibit the unlawful harassment of students based on race, creed, color, national origin, marital status, disability, sex, sexual orientation, and gender identity, to the extent required by law. In addition, retaliation is a form of unlawful discrimination that will not be tolerated. Consistent with these purposes, annually, 1 each school shall select two or more designated employees to receive complaints and shall publicize their availability in any publication of the District that sets forth the comprehensive rules, procedures, and standards of conduct for the school. 2 It is the intent of the District to apply and enforce this policy in a manner that is consistent with student rights to free expression under the First Amendment of the U.S. Constitution. The purpose of this harassment policy is to prohibit conduct or communication that is directed at a person's protected characteristics as defined below and that is likely to substantially disrupt the educational learning process and/or access to educational resources, or create a hostile learning environment.
The District shall promptly and effectively address all complaints of harassment in accordance with the procedures established by this policy. In cases where harassment is substantiated, the school shall take prompt and appropriate remedial action reasonably calculated to stop the harassment. Such action may include a wide range of responses from education to serious discipline. Such serious discipline may include termination for employees and, for students, expulsion or removal from school property. Nothing herein shall be construed to prohibit punishment of a person for conduct which, although it does not rise to the level of harassment as defined herein, otherwise violates one or more of the school's other disciplinary policies or codes of conduct.
II. Definitions A. "Harassment" means an incident or incidents of verbal, written, visual, or physical conduct based on or motivated by a student's or a student's family member's actual or perceived race, creed, color, national origin, marital status, disability, sex, sexual orientation, or gender identity3 that has the purpose or effect of objectively and substantially undermining and See 16 V.S.A. §565(c)(l). See Appendix A. 3 Effective July 1,2007, 1 V.S.A. § 144 defines "gender identity" as "an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth."
1 2
Policy on Prevention of Harassment of Students
Vermont Department of Education
detracting from or interfering with a student's educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment. Harassment includes conduct as defined above and may also constitute one or more of the following: (1) Sexual harassment,4 which means conduct that includes unwelcome sexual advances, requests for sexual favors and other verbal, written, visual or physical conduct of a sexual nature when one or both of the following occur: (i) submission to that conduct is made either explicitly or implicitly a term or condition of a student's education, academic status or progress; or (ii) submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student (2) Racial harassment, which means conduct directed at the characteristics of a student's or a student's family member's actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, and taunts on manner of speech and negative references to cultural customs. (3) Harassment of members of other protected categories, means conduct directed at the characteristics of a student's or a student's family member's actual or perceived creed, national origin, marital status, disability, sex, sexual orientation, or gender identity and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories. B. "Complaint" means an oral or written report by a student or any person to an employee alleging that a student has been subjected to conduct that may rise to the level of harassment. c. "Complainant" means a student who has filed an oral or written complaint with a school employee or a student who is the target of alleged harassment in a report made by another person. D. "Designated employee" means an employee who has been designated by the school to receive complaints of harassment pursuant to subdivision 16 V.S.A. §565(c)(1). E. "Employee" includes any person employed directly by or retained through a contract with the District/Independent School, an agent of the school, a school board member/member of the board of trustees, a student teacher, an intern or a school volunteer. For purposes of this policy, "agent of the school" includes supervisory union staff.
F. "Notice" means a written complaint or oral information that harassment may have occurred which has been provided to a designated employee from another employee, the student This statutory definition of sexual harassment describes only the "quid pro quo" form of sexual harassment that can occur between an adult and student. However, sexual harassment may also include student to student conduct as well as conduct that creates a hostile environment. 4
Policy on Prevention of Harassment of Students
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allegedly subjected to the harassment, another student, a parent or guardian, or any other individual who has reasonable cause to believe the alleged conduct may have occurred.5 G. "Retaliation" is any adverse action by any person against a person who has filed a complaint of harassment or against a person who assists or participates in an investigation, proceeding or hearing related to the harassment complaint. Such adverse action may include conduct by a school employee directed at a student in the form of intimidation or reprisal such as diminishment of grades, suspension, expulsion, change in educational conditions, loss of privileges or benefits, or other unwarranted disciplinary action. Retaliation may also include conduct by a student directed at another student in the form of further harassment, intimidation, and reprisal. H. "School administrator" means a superintendent, principal/head of school/technical center director or hislher designee. III. Reporting Student Harassment _ A. Student reporting: Any student who believes that slhe has been harassed under this policy, or who witnesses or has knowledge of conduct that slhe reasonably believes might constitute harassment, should promptly report the conduct to a designated employee or any other school employee. B. School employee reporting: Any school employee who witnesses conduct that slhe reasonably believes might constitute harassment shall take reasonable action to stop the conduct and to prevent its recurrence and immediately report it to a designated employee. Any school employee who overhears or directly receives information about conduct that might constitute harassment shall immediately report the information to a designated employee. If one of the designated employees is the person alleged to be engaged in the conduct complained of, the complaint shall be immediately filed with the other designated employee or the school administrator. C. Other reporting: Any other person who witnesses conduct that slhe reasonably believes might constitute student harassment under this policy should promptly report the conduct to a designated employee. D. Documentation of the report: If the complaint is oral, the designated employee shall promptly reduce the complaint to writing in a harassment complaint form, including the time, place, and nature of the alleged conduct, and the identity of the complainant, alleged perpetrator, and any witnesses.
E. False Complaint: Any person who knowingly makes a false accusation regarding harassment may be subject to disciplinary action up to and including suspension and expulsion with regard to students, or up to and including discharge with regard to employees. There shall be no adverse action taken against a person for reporting a complaint of harassment when the person has a good faith belief that harassment occurred or is occurring.
5 See
16 V.S.A. §14(c)(3).
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Vermont Department of Education
IV. Procedures Following a Report A. Notification:6 Upon receipt of a complaint of harassment the designated employee shall immediately inform the school administrator of the complaint. In addition, the designated employee shall immediately provide a copy of this harassment policy to the complainant and accused individual. If either the complainant or the accused individual is under the age of 18, his or her parent(s) or guardian( s) shall be: (1) promptly notified that a complaint of harassment has been filed and provided with a copy of this policy; (2) notified if an alternative dispute resolution method will be offered and, if it occurs, of the outcome of any such attempt; and (3) notified in writing of the results of the complaint investigation. All notification letters shall be subject to state and/or federal laws protecting the confidentiality of personally identifiable student information. A school administrator may seek waiver of confidentiality rights of the accused in order to inform the complainant of any disciplinary action taken in cases where the school determined that harassment or other misconduct occurred.
B. Investigation: 7 Unless special circumstances are present and documented, such as reports to the Department for Children and Families ("DCF") or the police, the school administrator shall, no later than one school day after the filing of a complaint with a designated employee, initiate or cause to be initiated, an investigation of the allegations. The school administrator shall assign a person to conduct the investigation; nothing herein shall be construed to preclude the school administrator from assigning him/herself or a designated employee as the investigator. No person who is the subject of a complaint shall conduct such an investigation. No later than five school days from the filing of the complaint with the designated employee, unless special circumstances are present and documented, the investigator shall submit a written initial determination to the school administrator. The report shall include a statement of the findings of the investigator as to whether the allegations have been substantiated, and as to whether the alleged conduct constitutes harassment. When the initial determination concludes that an accused student has engaged in harassment, the school administrator shall use his or her discretion to decide the appropriate disciplinary and/or remedial action. In cases where the investigation has identified other conduct that may constitute a violation of other school disciplinary policies or codes of conduct, the designated employee shall report such conduct to the school administrator for action in accordance with relevant school policies.
All levels of internal review8 of the investigator's initial determination, and the issuance of a final decision, shall, unless special circumstances are present and documented by the District/Independent School, be completed within 30 calendar days after the review is requested.
C. Action on a substantiated complaint: If, after investigation, the school finds that the alleged conduct occurred and that it constitutes harassment, the school shall take prompt and appropriate disciplinary and/or remedial action reasonably calculated to stop the harassment and prevent any recurrence of harassment. Such action may include warning, reprimand, 6 See 7 See
16 V.S.A. §14(a). 16 V.S.A. §565(b)(l)(E).
8 An
"internal review" is any procedure provided by the school through policy or practice and is _no_t the same as an "independent review" as described below. Policy on Prevention of Harassment of Students
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Vermont Department of Education
education, training and counseling, transfer, suspension, and/or expulsion of a student, and warning, reprimand, education, training and counseling, transfer, suspension and/or termination of an employee. D. Alternative dispute resolution:9 At all stages of the investigation and determination process, school officials are encouraged to make available to complainants alternative dispute resolution methods, such as mediation, for resolving complaints. The following should be considered before pursuing alternative dispute resolution methods: (1) the nature of the accusations, (2) the age of the complainant and the accused individual, (3) the agreement of the complainant, and (4) other relevant factors such as any disability of the target or accused individual, safety issues, the relationship between the target and accused individual, or any history of repeated misconduct/harassment by the accused individual. If an alternative dispute resolution is either not appropriate or is unsuccessful, the school administrator shall initiate or cause to be initiated an investigation of the allegations in accordance with the timelines established in this policy.
E. Appeal: A person determined to be in violation of this policy and subjected to disciplinary action under it may appeal the determination and/or the disciplinary action(s) taken in the same manner as other disciplinary actions, in accordance with the District's/Independent School's discipline policy, applicable statutes, or collective bargaining agreements. F. Independent Review: 10 A complainant may request an independent review if s/he: (1) believes that the school did not correctly analyze the complaint and failed to conduct an investigation of the incident because the school believed the alleged conduct did not constitute possible harassment, (2) is dissatisfied with the final determination following an investigation as to whether harassment occurred, or (3) believes that although a final determination was made that harassment occurred, the school's response was inadequate to correct the problem. The complainant shall make such a request in writing to the superintendent of schools/head of school. Upon such request, the superintendent/head of school shall promptly initiate an independent review by a neutral person as described under 16 V.S.A. § 565(f), and shall cooperate with the independent reviewer so that s/he may proceed expeditiously. The review shall consist of an interview of the complainant and relevant school officials and a review of the written materials from the school's investigation. Upon completion of the independent review, the reviewer shall advise the complainant and school officials in writing: (1) as to the sufficiency of the school's investigation, its determination, and/or the steps taken by the school to correct any harassment found to have occurred, and (2) of recommendations of any steps the school might take to prevent further harassment from occurring. A copy of the independent review report shall be sent to the Commissioner. The reviewer shall advise the student of other remedies I I that may be available if the student remains dissatisfied and, if appropriate, may recommend mediation or other alternative dispute resolution. The independent reviewer shall be considered an agent of the school for the purpose of being able to review confidential student records. The costs of the independent review shall be borne by the District/Independent School. The District/Independent School may request an independent review at any stage of the process.
9 See
16 V.S.A. §565(b)(1)(C). 16 V.S.A. §565(f). 11 Such as those identified in Section VIII of this policy.
10 See
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Vermont Department of Education
F. Retaliation: It is unlawful for any person to retaliate against a person who has filed a complaint of harassment or against a person who assists or participates in an investigation, proceeding or hearing related to the harassment complaint. A person may violate this antiretaliation provision regardless of whether the underlying complaint of harassment is substantiated.
V. Confidentiality and Record Keeping A. The privacy of the complainant, the accused individual, and the witnesses shall be maintained consistent with the District's/Independent School's obligations to investigate, to take appropriate action, and to comply with laws governing the disclosure of student records or other applicable discovery or disclosure obligations. B. The Superintendent or school administrator shall assure that a record of any complaint, its investigation and disposition, as well as any disciplinary or remedial action taken following the completion of the investigation, is maintained by the District/Independent School in a confidential file accessible only to authorized persons. All investigation records, including but not limited to, the complaint form, interview notes, additional evidence, and the investigative report, shall be kept for at least six years after the investigation is completed.
VI. Reporting to Other Agencies When a complaint made pursuant to this policy includes allegations of child abuse, any person responsible for reporting suspected child abuse under 33 V.S.A. §4911, et seq. must report the allegation to the Commissioner of DCF. If the victim is over the age of 18 and a report of abuse is warranted, the report shall be made to Adult Protective Services in accordance with 33 V.S.A. - §6901 et seq. If a harassment complaint is made in a public school about conduct by a licensed educator that might be grounds for licensing action under 16 V.S.A. Chapter 51, Professional Educators, the Superintendent shall report the alleged conduct to the Commissioner of the Department of Education, and, if a principal reports the alleged conduct to the Commissioner of the Department of Education, s/he must also report it to his/her Superintendent. If a harassment complaint is made in an independent school about conduct by a licensed educator that might be grounds under 16 V.S.A. Chapter 51, Professional Educators, for licensing action, the head of school is encouraged to report the alleged conduct to the Commissioner of the Department of Education. Nothing in this policy shall preclude anyone from reporting any incidents and/or conduct that may be considered a criminal act to law enforcement officials.
VII. Dissemination of Information, Training, and Data Reporting A. Dissemination of Information. 12 Annually, prior to the commencement of curricular and cocurricular activities, the District/Independent School shall provide notice of this policy and procedures to students, custodial parents or guardians of students, and employees. Notice to students shall be in age-appropriate language and include examples of harassment. At a minimum, this notice shall appear in any publication of the District/Independent School that 12 See
16 V.S.A. §565(d).
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Vermont Department of Education
sets forth the comprehensive rules, procedures and standards of conduct for the District/Independent School. B. Training.13 The school administrator shall use her/his discretion in developing age appropriate methods of discussing the meaning and substance of this policy with students to help prevent harassment. The school administrator shall implement training for school staff within the context of professional development to enable staff to recognize, prevent and respond to harassment. C. Data Gathering. Public school districts shall provide the Vermont Department of Education with data requested by the Commissioner. VIII. Alternative Complaint Process
In addition to, or as an alternative to filing a harassment complaint pursuant to this policy, a person may file a harassment complaint with the Vermont Human Rights Commission or the Office for Civil Rights of the U.S. Department of Education at the-addresses noted below: Vermont Human Rights Commission 14-16 Baldwin Street Montpelier, VT 05633-6301 (800) 416-2010 or (802) 828-2480 (voice) (877) 294-9200 (tty) (802) 828-2481 (fax) Email:
[email protected] - Web: http://hrc.vernlOnt.gov Office for Civil Rights, Boston Office U.S. Department of Education 8th Floor 5 Post Office Square, Suite 900 Boston, MA 02109-3921 (617) 289-0111 (voice) (877) 521-2172 (tdd) (617) 289-0150 (fax) Email:
[email protected] Web: http://www . ed. gov / about/offices/list! ocr/index.html Legal References:
Title V, Section B, 504 of the Rehabilitation Act of 1973,29 U.S.C. §794 et seq.; Title VI of the Civil Rights Act of 1964,42 U.S.C. §2000d; Title IX of the Educational Amendments Act of 1972,20 U.S.C. §§1681 et seq.; Family Education Rights Privacy Act; 20 U.S.C. 1232g; - Public Accommodations, 9 V.S.A. §§4500 et seq. ; Education, Classifications and Definitions, 16 V.S.A. § 11a (26); Education, Harassment, Notice and Response, 16 V.S.A. §14; 13 See
16 V.S.A. §565(d).
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Vermont Department of Education
Education, 16 V. S.A. § 140( a)(1); Education, 16 V.S.A. §166(e); Education, Harassment and Hazing Prevention Policy, 16 V.S.A. §565; Education, Discipline, 16 V. S.A. § 1161 a; Education, Suspension or Expulsion of Pupils, 16 V.S.A. § 1162; Education, Professional Educators, 16 V.S.A. §§1698 - 1709; Child Abuse, 33 V.S.A. §§4911 et seq.; Adult Protective Services, 33 V.S.A. §6901 et seq., all as they may be amended from time to time.
Washington v. Pierce, 179 VT 318 (2005)
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Vermont Department of Education
APPENDIX A Designated Employees
The following employees of the Bellows Falls Middle, Central Elementary & Saxtons River School have been designated by the District to receive harassment complaints pursuant to this policy and 16 V.S.A. §565(c)(l): Name: Title: Principal Contact information: 802-463-4366, 463-4346, 869-2637 Name: Title: Ass’t Principal, Guidance, Nurse Contact information: 463-4366, 463-4346, 869-2637
Date Warned: April 21, 2010 Date Adopted: May 3, 2010 CODE F20
Policy on Prevention of Harassment of Students
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Policy on the Prevention of Bullying of Students
CODE F20-B
The Rockingham School District recognizes that all students should have a safe, orderly, civil and positive learning environment.1 Bullying is a form of dangerous and disrespectful behavior that will not be permitted or tolerated. Bullying may involve a range of misconduct that, based on the severity, will warrant corrective action and/or discipline. Behaviors that do not rise to the level of bullying may still be subject to intervention and/or discipline under another section of the discipline plan or policy. For the purposes of this policy, “bullying” is defined as any overt act or combination of acts, including an act conducted by electronic means, directed against a student by another student or group of students and which: A. is repeated over time; B. is intended to ridicule, humiliate, or intimidate the student; and C. either: a. occurs during the school day on school property, on a school bus or at a schoolsponsored activity; or b. does not occur during the school day on school property, on a school bus, or at a school-sponsored activity and can be shown to pose a clear and substantial interference with another student’s right to access educational programs.2 Examples of bullying include: • • •
Name-calling and verbal taunts Physical threats or actual physical harm Off-campus text messages or social media posts that ridicule or intimidate to the extent that the targeted student is not able to fully access the school’s programs
In order to be bullying, incidents such as the ones described above must be repeated over time, directed at a particular student, and intended to ridicule, humiliate or intimidate. In some cases, acts of bullying may constitute unlawful harassment, where the conduct is based on or motivated by a student’s or student’s family member’s actual or perceived: Race Creed Color National Origin Sex
Sexual Orientation Gender Identity Marital Status Disability
Any allegations of harassment will be addressed under the Bellows Falls Union High School 1 2
16 V.S.A. §570(a) 16 V.S.A. §11(a)(32)
District’s Policy on the Prevention of Harassment of Students. Reporting Bullying Complaints The principal in the Rockingham School District will annually designate two employees to receive complaints of bullying and harassment. The names and contact information for those designated employees can be found at the Bellows Falls Union High School. For the purposes of this policy, “school employee” means any person employed directly by or retained through a contract with the District, an agent of the school, a school board member/member of the board of trustees, a student teacher, an intern, or a school volunteer. “Agent of the school” includes supervisory union staff. A. Student reporting: any student who believes that s/he has been bullied under this policy, or who witnesses or has knowledge of conduct that s/he reasonably believes might constitute bullying, is encouraged to report the conduct to a designated employee or to any other school employee. B. School employee reporting: Any school employee who witnesses conduct that s/he reasonably believes might constitute bullying shall take reasonable action to stop the conduct and to prevent its recurrence and shall immediately report it to a designated employee. Any school employee who directly receives information about conduct that might constitute bullying shall immediately report it to a designated employee. C. Parent reporting: Any parent or legal guardian/custodian who witnesses conduct that s/he reasonably believes might constitute bullying or who reasonably believes his/her child or ward is being bullied should promptly report the conduct to a designated employee or any school employee. D. Documentation of the report: If the complaint is oral, the designated employee shall reduce the complaint to writing, including the time, place, and nature of the alleged conduct, and the identity of the complainant, alleged perpetrator(s), and any witnesses. E. False complaint: Any person who knowingly makes a false accusation regarding bullying may be subject to disciplinary action up to and including suspension and expulsion with regard to students, or up to and including discharge with regard to employees. There shall be no adverse action taken against a person for reporting a complaint of bullying when the person has a good faith belief that bullying occurred or is occurring. F. Confidentiality and Record Keeping: The privacy of the complainant, the accused individual, and the witnesses shall be maintained consistent with the Districts’ obligations to investigate, to take appropriate action, and to comply with laws governing the disclosure of student records or other applicable discovery or disclosure obligations. Response to a Bullying Complaint For the purposes of this policy “school administrator” means a superintendent, principal/head of school/technical center director, or his/her designee.
A. Notification: Upon receipt of a complaint of bullying the designated employee will immediately notify the school administrator of the complaint. If either the complainant or the accused individual is under the age of 18, his or her parent(s) or guardian(s) shall
be promptly notified that a complaint of bullying has been filed and be provided with a copy of this policy. B. Investigation: Unless special circumstances are present and documented, such as reports to the Department for Children and Families (“DCF”) or the police, school vacations, or other witness absence/unavailability, the school administrator shall: a. No later than one school day after the filing of the complaint with a designated employee initiate or cause to be initiated, an investigation of the allegations. The school administrator shall assign a person to conduct the investigation; nothing herein shall be construed to preclude the school administrator from assigning him/herself or a designated employee as the investigator. b. No later than five school days from the filing of the complaint with the designated employee, the investigator shall submit a written determination to the school administrator. The report shall include a statement of the findings of the investigator as to whether the allegations have been substantiated, and as to whether the alleged conduct constitutes bullying. C. Consequences for Violations of This Policy3 a. If, after investigation, the school finds that the alleged conduct occurred and that it constitutes bullying, the school may take prompt and appropriate disciplinary and shall take remedial action reasonably calculated to stop the bullying and prevent any recurrence of bullying. Examples of remedial action include: mediation between the parties, education and counseling for the bully, and safety planning. b. Violators of the bullying policy shall - based on relevant surrounding facts and circumstances, including but not limited to a consideration of prior instances of similar behavior and the student’s overall disciplinary history - be subject to the following potential discipline and/or remedial action(s): i. Awareness/Education/Counseling; ii. Acts of restitution; iii. In-school suspension; iv. Out of school suspension; or, v. Expulsion. c. Safety Planning4 i. A safety plan shall be developed in all instances where a student has been the target of bullying that results in physical harm and/or the student is known to be expressing suicidal ideation as a result of bullying. A safety plan shall not be considered a substitute for in-school procedures and policies that apply to students experiencing mental health crises. ii. A safety plan should be considered in instances where the targeted student is known to have difficulty accessing the educational programs at the school as a result of bullying. iii. A safety plan may include such measures as checking in with the target and his/her parents on a regular basis, identifying a safe in-school person 3 4
16 V.S.A. § 570c(5). Not required by law, but considered best practice to prevent recurrence of harm.
for the target to seek out when s/he feels threatened, informing teachers to pay particular attention to interactions/ dynamics between identified students and rearranging the schedule of the perpetrator, and providing additional supervision in areas ordinarily subject to lesser supervision (e.g., lunchroom, playground). D. Parental notification: Upon completion of the investigation, the school administrator will notify the parent(s) or guardian of the complainant and accused individual(s) of the outcome of the investigation. In cases where the school determines that bullying has occurred, a school administrator may seek a waiver of the confidentiality rights of the perpetrator(s) in order to inform the complainant of any specific disciplinary action taken. E. Appeal of Discipline Decisions: A person determined to be in violation of this policy and subjected to disciplinary action under it may appeal the determination and/or the disciplinary action(s) taken in the same manner as other disciplinary actions, in accordance with the District’s disciplinary policy, applicable statutes, or collective bargaining agreements. Reporting to Other Agencies A. Reports to Department of Children and Families: When a complaint made pursuant to this policy includes allegations of child abuse, any person responsible for reporting suspected child abuse under 33 V.S.A. § 4911, et seq. must report the allegation to the Commissioner of DCF. If the victim is over the age of 18 and a report of abuse is warranted, the report shall be made to Adult Protective Services in accordance with 33 V.S.A. § 6901 et seq. B. Reports to law enforcement5: Information obtained and documented by school administration regarding the school’s response to notice of student conduct that may constitute bullying may constitute an “educational record” regarding the student or student(s) involved as defined by the Family Education Rights and Privacy Act.6 Accordingly, such information may not be disclosed to local law enforcement without prior parent approval except in response to a lawfully issued subpoena7, or in connection with an emergency if disclosure is necessary to protect the health or safety of the student or other individuals.8 a. Nothing in this policy shall preclude persons from reporting incidents and/or conduct witnessed first-hand that may be considered to be a criminal act to law enforcement officials.9 Such conduct includes but is not limited to: physical attacks resulting in bodily harm, sexual assault, and simple assault. C. Continuing Policy to Investigate: Reports made to either DCF or law enforcement shall not be considered to absolve the school administrators of their obligations under this 5
16 V.S.A. § 570c(4). 20 U.S.C. § 1232g(a)(4)(A). 7 34 C.F.R. § 99.31(a)(9)(ii). 8 34 C.F.R. § 99.36(c) (requiring proof of an “articulable and significant threat to the health and safety of others). There is no affirmative obligation imposed by the health and safety exception requiring disclosure by the school district under these circumstances, only the option for disclosure. Id. 9 Id. 6
policy to pursue and complete an investigation upon receipt of notice of conduct which may constitute bullying. Dissemination of Information, Training, and Data Reporting
A. Notice to parents and employees: Annually, prior to the commencement of curricular and co-curricular activities, the School District shall provide notice to custodial parents or guardians, staff members, and contracted employees of its prohibition against bullying, the procedures concerning reporting and investigating bullying and the possible disciplinary consequences for bullying.
B. Notice to students: The superintendent shall develop and initiate age-appropriate programs to annually inform students about the substance of the policy and procedures in order to help prevent bullying. Notice to students shall be in age appropriate language and will include examples of bullying. Such notice shall inform students and parents that bullying that does not occur during the school day, on school property, on a school bus, or at a school-sponsored event still may be subject to disciplinary action, pursuant to 16 V.S.A.§§ 11(a) (32) and 1162(a)(3), if the misconduct can be shown to pose a clear and substantial interference with another student’s equal access to educational programs. Notice to parents and students shall state that any student who knowingly makes false accusations regarding bullying may be subject to disciplinary action. C. Training: The superintendent shall implement training for school staff within the context of an annual professional development program. Such training shall be designed to enable staff to prevent, recognize, and respond to bullying. D. Data reporting: The Rockingham School District delegates the responsibility of data collection to [Principal/Designee]. S/he shall collect data on the number of reported incidents of bullying and the number of incidents that have been verified and shall make such data available to the Vermont Department of Education.
Date Warned: December 7, 2012 Date Adopted: December 17, 2012 .
CODE F21 (Mandatory) WEAPONS Policy It is the policy of the Board to comply with the federal Gun Free Schools Act of 1994, and 16 V.S.A. §1166 requiring school districts to provide for the possible expulsion of students who bring weapons to school. It is further the intent of the Board to maintain a student discipline system consistent with the requirements of the federal Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Vermont State Board of Education rules. Definitions 1. For the purposes of this policy, the terms “weapon” and “school”, and “expelled” shall have the following meanings: A. Weapon as defined in Section 921 of Title 18 of the United States Code and 13 V.S.A. §4016, includes: i. any weapon whether loaded or unloaded which will or is designed to or may readily be converted to expel a projectile by the action of an explosive ii. the frame or receiver of any weapon described above iii. any firearm muffler or firearm silencer iv. any explosive, incendiary or poison gas a. bomb b. grenade c. rocket having a propellant charge of more than four ounces d. missile having an explosive or incendiary charge of more than one quarter ounce e. mine, or f. similar device v. any weapon which will, or which may be readily converted to expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter vi. any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples and from which a destructive device may be readily assembled. vii. A hoax device, defined as any device so designed, assembled, fabricated or manufactured as to convey the physical appearance of any of the devices enumerated in subdivisions i. to viii of division 1. of this section, which is lacking an explosive or incendiary charge. viii A dirk knife, dagger or other weapon, device, instrument, material or substance, whether animate or inanimate, which is capable of producing death or serious bodily injury. It also includes folding knives with blades longer than two inches, including pocket knives, pen knives and jackknives. B. School means any setting which is under the control and supervision of the School District. It includes school grounds, facilities, school-sponsored events whether held on or off of school grounds and vehicles used to transport students to and from school or school activities. F21: Page 1 of 2
C.
Expelled means the termination for at least a calendar year of educational services to a student. At the discretion of the Board and administration, an expelled student may be afforded limited educational services at a site other than the school during the period of expulsion under this policy.
Sanctions Any student who brings a weapon to school shall be brought by the Superintendent to the School Board for an expulsion hearing. A student found by the Board after a hearing to have brought a weapon to school shall be expelled for at least one calendar year. However, the Board may modify the expulsion on a case by case basis when it finds circumstances such as, but not limited to: 1. 2. 3. 4.
The student was unaware that he or she had brought a weapon to school. The student did not intend to use the weapon to threaten or endanger others. The student is disabled and the misconduct is related to the disability. The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the pupil.
An expulsion hearing conducted under this policy shall afford due process as required by law. In addition, any student who brings a weapon to school shall be referred to a law enforcement agency. As required by state law, the Superintendent shall annually provide the Commissioner of Education with descriptions of the circumstances surrounding expulsions imposed under this policy, the number of students expelled and the type of weapons involved.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference(s):
October 22, 2007 16 V.S.A. §1166 (State law pursuant to Federal law) 13 V.S.A. §§4004, 4016 (Criminal offenses) 20 U.S.C. §8921(Gun Free Schools Act of 1994) 18 U.S.C. §921 (Federal definition of firearms) 20 U.S.C. §§1400 et seq.(IDEA) 29 U.S.C. §794 (Section 504, Rehabilitation Act of 1973) Vt. State Board of Education Manual of Rules & Practices, §§4311, 4312 Interrogations or Searches of Students (F5) Search and Seizure (F3) Student Conduct and Discipline (F1)
F21: Page 2 of 2
CODE F22 STUDENT ASSESSMENT Policy It is the policy of Rockingham School District to maintain an assessment system that continuously evaluates student learning and links curricular, professional development, and budgetary decisions directly to the need for increased student performance. The goal of student assessment is to understand how students are performing in relation to local and state standards. Based on student assessment information, teachers, administrators and parents will work together to design and implement strategies to meet the needs of individual students as well as the District’s overall goals for student achievement. Implementation The Superintendent or designee will appoint an assessment committee consisting of administrators and professional staff, a Board member, parent, other community member and student(s) when appropriate. The role of the committee will be to develop a long-range plan that identifies the types of local assessments in which the school will participate. This long-range plan will be integrated with the school action plan and, where appropriate, link with the recommendations of the District and Supervisory Union strategic plans. The work of the assessment committee will be directed by the Principal with oversight from the Superintendent, and will report progress and resource needs to the School Board (specify when). Based on the District’s plan, the Superintendent, in collaboration with Principal(s) and teachers, will develop a schedule to assess student performance regularly throughout the school year and from year to year. Assessments will measure student performance against standards outlined in the Vermont Framework of Standards and Learning Opportunities or comparable standards. The results of student assessments will guide schools in: 1. 2.
making decisions about instruction, professional development, educational resources and curriculum; and reporting to the public on student performance measures and progress in the standards outlined by the Vermont Framework.
State Comprehensive Assessment System The Principal will administer the assessment instruments included in the Vermont Comprehensive Assessment System. All students in the School District will be assessed except for those students with a disability or limited English proficiency whose education plans exempt them. Students who are unable to participate in state assessments will be given an alternate assessment. The school will account for the assessment of 100% of its students. Local Comprehensive Assessment System [the system plan must be in place by September 1, 2001 and fully implemented no later than September 1, 2005]
F22: Page 1 of 2
The Superintendent or designee will oversee the development and implementation of a local comprehensive assessment system that includes the state-level assessments, is aligned with the Vermont Framework as amended from time to time or comparable standards and is consistent with the current Vermont Comprehensive Assessment System. Students will be assessed in those standards associated with the Fields of Knowledge, the Vital Results, the arts, health and safety education, physical education, foreign language and applied learning. Local assessments may include a number of instruments and techniques such as standards-based, national norm referenced, local curriculum criterion- referenced, portfolio assessment, exit interviews, senior projects and related supervisory union district assessment processes and systems. The expectations and performance criteria of the system will be clear and be communicated to teachers, administrators, students, parents and other community members. The local system will employ a balance and variety of assessment strategies, both classroom-based and school-level assessments, in order to develop useful information on student achievement. The school will also provide students with the opportunity to evaluate their own work. The local assessment plan will be fully implemented by (specify locally determined date). School administrators and staff will use the assessment system to determine the answers to question which include the following and will report to the Board annually: 1. How are the students performing in relationship to local and state standards? 2. Why are the students performing at the level they are? 3. What could the school do differently in order to increase the number of students meeting or exceeding local and/or state standards? 4. How can educators, parents and students monitor progress? The Principal will oversee the development of a comprehensive computerized assessment database that includes all assessment results for each individual student, for each grade, for the school, and the District. This database will include information that tracks progress over time. Individual assessment information will be reported to parents in a format that outlines results and implications clearly. Parent-teacher communication about assessment results and implications will be encouraged.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 20 U.S.C. §§1400 et seq.(IDEA) 1 V.S.A. § 312 (Open meetings) 16 V.S.A. § 165(a)(2) (Public School Quality Standards) 16 V.S.A. § 164(9) (State comprehensive assessment) Vermont State Board of Education Rules §§ 2120.2.1, 2120.2.2 Vermont Framework of Standards and Learning Opportunities Professional Development (D2) Evaluation and Supervision of Staff (D4) Student Records (F5) Curriculum Development (G1) Selecting Instructional Material (G5) Local Action Plan (G8) Annual School Report (H6)
F22: Page 2 of 2
CODE F23 (Mandatory) PARTICIPATION OF HOME STUDY STUDENTS IN SCHOOL PROGRAMS AND ACTIVITIES Policy In accordance with Act 119 of the 1998 Vermont legislative session it is the policy of the Rockingham School District to encourage home study students to participate in courses, programs, activities, and services and use school educational materials and equipment. Close communications between home study students and their local public schools are encouraged to promote the benefits of joint participation. Background The Rockingham School District recognizes that some families believe home schooling is the best educational format for their children. The Rockingham School District believes that home study and fully enrolled students can benefit from participating together in school activities and programs and strives to provide educational services in ways which are consistent with the needs of both fully enrolled students and home study students. General Guidelines for Home Study Student Participation 1. 2.
3.
4.
Special Services: Special education services are available to all students found eligible under criteria set forth in state and federal regulations. Compliance with Procedures: All students will comply with the application and enrollment deadlines as well as all legal and policy requirements such as immunization and the provision of student information including health records, emergency contacts and other necessary background information outlined in the administrative procedures. All students must abide by rules of conduct and other conditions set forth in the student handbook, school policies and procedures. Supervision of Students: School personnel are responsible for supervising students during their approved participation in school-sponsored activities. Parents of home study students must provide supervision for their children when they are at school but not participating formally in school activities. Transportation: Home study students may participate in the regular school transportation arrangements to attend school programs in which they are enrolled. The school will not supply special transportation except as provided for in law.
Participation of Home Study Students in Programs and Activities Shall Be Subject to the Following Conditions: 1. 2.
Home study students must supply to the school a copy of their formal home study enrollment notification from the Commissioner of Education. All students are subject to the same age, performance, and pre-requisite standards for admission to courses and co-curricular activities.
F23: Page 1 of 3
3.
4. 5. 6.
7. 8.
Home study students seeking admission to courses requiring prerequisites will be asked to demonstrate academic achievement comparable to that required of fully enrolled students meeting prerequisite standards. The teacher/guidance counselor/Principal will discuss alternative ways to demonstrate achievement with the parents of home study students. Final determination of a student’s qualifications to enroll in a course requiring prerequisites will be made by the teacher/guidance counselor/Principal. Students may not enroll for single subjects which are taught as part of integrated courses - those courses that cover two or more subjects and are taught by a single individual or team - but may seek admission to the integrated course. Participation in athletic and other extra-curricular programs and activities will be in compliance with the school’s eligibility requirements as well as with the guidelines adopted by the Vermont Principals’ Association. It may be neither practical nor feasible for home study students to participate in special programs that have unclear or flexible schedules. The parents of home study students must take the initiative to check with the school on the scheduling of events and possible changes that may occur. The parents of home study students may be asked to provide supervision for some activities on the same basis as the parents of fully enrolled students. Home study students may participate in the school’s standardized testing program at the regularly scheduled times after giving appropriate notice to the school as outlined in the administrative procedures.
Use of Facilities, Equipment and Materials by Home Study Students Is Subject to the Following Conditions: 1. 2. 3. 4.
The use by home study students does not interrupt or disrupt regularly scheduled uses. Request for use has been made and approved according to the administrative procedures that apply to all requests for such use. The use does not involve removal of equipment from the school premises except as explicitly allowed. Library books and other materials are signed out according to established procedures and are subject to replacement or fines for damage or loss as defined in the administrative procedures.
School Administration 1.
2.
The school will include home study students on the school register and count them for the purpose of state aid for the portion of the school day in which students are enrolled in academic courses. For each co-curricular activity in which a non-enrolled home study student participates, the school shall count 0.03 FTE as allowed under rule 9200.3.1. The capacities of classroom courses and other co-curricular activities are outlined in administrative procedures and updated regularly to reflect the class sizes specifically desired by the District, the capacity of special equipment used in science, language, business laboratories or other specialized classrooms, or other limitations on participation.
F23: Page 2 of 3
1.
In cases where applications for enrollment exceed capacity, first priority for enrollment in curricular and co-curricular activities will be determined considering the following for all students: A. Is the course or activity needed as a pre-requisite to another course or activity? B. Is graduation of the student dependent upon completion of the course? In the absence of other prevailing factors, enrollment will be determined by: 1. first-come, first-served When choices for admission to either academic or co-curricular programs must be made because of limited space, the School District will report to the Commissioner of Education on the form provided. The District shall provide other information on the integration of home study students into the public school as requested by the Commissioner. The Principal (or designee) is responsible for administering this policy and for all decisions made under the direction of this policy. The Principal will act on all requests within 10 working days of receiving the request.
Appeals Process Should a parent disagree or have concerns with the Principal’s decision, an appeal may be made to the Superintendent of Schools. Within ten working days of receiving an appeal, the Superintendent shall meet with the parent(s) or guardian(s) and make a decision on the appeal in a prompt fashion. A final appeal from the Superintendent’s decision may be made to the Rockingham School Board which will schedule a timely hearing and render a final decision within ten working days of the hearing date.
Date Warned: Date Adopted: Legal References:
May 5, 2008 June 16, 2008 16 V.S.A. 563 (24) (Powers of school boards) Vermont State Board of Education Manual of Rules & Practices §§4400, 9200.3.1, 2367 20 U.S.C. §§1400 et seq. (IDEA) 34 C.F.R.§§ 300.450-2, 76.650-662
Cross Reference: F23: Page 3 of 3
CODE F24 (Mandatory) HAZING Policy It is the policy of the Rockingham School District that all its schools provide safe, orderly, civil and positive learning environments. Hazing has no place in the District's schools and will not be tolerated. Accordingly, the District adopts the following policy and procedures to prohibit hazing and will ensure the enforcement thereof. Definitions 1. Hazing means any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization which is affiliated with the District; and which is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating or demeaning the student or endangering the mental or physical health of the student. "Hazing" also includes soliciting, directing, aiding, or otherwise participating actively or passively in the above acts. Hazing may occur on or off school grounds. Examples of hazing include: A. B.
C. D.
Any type of physical brutality such as whipping, beating, striking, branding, electrical shocks, placing a harmful substance on or in the body, or other similar activity; or Any type of physical activity such as sleep deprivation, exposure to the elements, confinement in a small space, or other activity that creates or results in an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; or Any activity involving consumption of food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects a student to an unreasonable risk of harm; or Activity that induces, causes, or requires a student to perform a duty or task, which involves the commission of a crime or an act of hazing.
Hazing shall not include any activity or conduct that furthers the legitimate curricular, extracurricular, or military training program goals provided that the goals are approved by the School Board of the District and provided that the activity or conduct furthers those goals in a manner that is appropriate, contemplated by the School Board, and normal and customary for similar public school programs. An example of this exception might be reasonable athletic training exercises. 2.
Organization means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members primarily are students of the District, and which is affiliated with the District.
3.
Pledging means any action or activity related to becoming a member of an organization.
4.
Principal means the Principal of a school or the director of a technical center or any person designated by them to carry out a particular function. F24: Page 1 of 4
5.
Student means any person who: (1) is enrolled in any school or program operated by the District, (2) has been accepted for admission into any school or program operated by the District, or (3) intends to enroll in any school or program operated by the District during any of its regular sessions after an official academic break.
Notification of Hazing Policy Annually, the student handbook, which shall be presented to students prior to the commencement of any academic courses, shall contain: (1) a description of this hazing policy in age-appropriate language, (2) examples of hazing, and (3) a listing of those persons whom the Board has designated to receive reports of hazing. The schools of the District also shall effectively inform students about the substance of this hazing policy and its procedures by (specify date). Each student who participates in a co- or extra-curricular activity that begins prior to the commencement of any academic courses shall be provided by the coach or supervisor of the co- or extra-curricular activity a copy of the excerpt from the student handbook regarding the hazing policy prior to the first practice session. Each coach or supervisor of a co- or extra-curricular activity shall orally explain to participants the prohibition against hazing, the reasons for the prohibition, and the potential consequences to participants and, in the case of a club or an athletic team, to the club or team itself. Annually, custodial parents and guardians of students shall be provided a copy of this hazing policy prior to the commencement of co- or extra-curricular activities. Annually, staff members shall be provided with a copy of this hazing policy prior to the opening of school. Coaches or supervisors of co- or extra-curricular activities shall be provided a copy of this hazing policy upon employment by the District. Reporting of Hazing Students who have reason to believe that an incident of hazing might or did occur shall report such belief to any coach of an extracurricular team, teacher, school nurse, guidance counselor, or school administrator. Staff members who have received such a report from a student or who otherwise have reason to believe that an incident of hazing might or did occur shall report such belief to the Principal of the school, or, in the event of the unavailability of the Principal, to the designated person. The report may be in writing or orally. If the report is made orally, the receiver shall make a written record of the report. It shall be a violation of this policy for a person to retaliate against a student or other person for reporting a suspected incident of hazing or cooperating in any investigation or disciplinary proceeding regarding an incident of hazing. It is possible that an incident of hazing might also fall within the definition of abuse, neglect, or exploitation as those terms are defined in 33 V.S.A. §4912(2) and 33 V.S.A. §§6902(1), (7) and (9). Reporting a suspected incident of hazing to the Principal does not relieve the reporter of any obligations additionally to report such suspicions to the Commissioner of the Vermont Department of Social and Rehabilitation Services as set forth in 33 V.S.A. §4914 or to the Commissioner of the Department of Aging and Disabilities as set forth in 33 V.S.A. §6904 as outlined in policy F8.
F24: Page 2 of 4
Investigation of Reports of Hazing The Principal, or designee, upon receipt of a report of hazing, promptly shall cause an investigation to commence. The investigation shall be timely and thorough and the findings and conclusions of the investigation shall be reduced to writing. Unless there are exceptional circumstances, the investigation shall be concluded within ten school days. Disciplinary Action It is not a defense in a disciplinary proceeding under this policy that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. 1.
If the investigation concludes a student committed an act of hazing or otherwise violated this policy, that student shall be subject to appropriate disciplinary action, including but not limited to suspension or expulsion from co- or extra-curricular activities or from school. Any disciplinary action against a student shall be subject to the procedures set forth in policy (F1) of this Policy Manual.
2.
If the investigation concludes that a staff person committed an act of hazing or otherwise violated this policy, that person shall be subject to appropriate disciplinary action in accordance with applicable law and the provisions of any applicable collective bargaining agreement or other contract.
3.
If the investigation concludes that an athletic team or other co- or extra-curricular activity or organization knowingly permitted, authorized, or condoned hazing, disciplinary action may be imposed against the team, activity or organization, including cancellation of one or more athletic contests or the entire athletic season, or revocation or suspension of an organization’s permission to operate or exist within the District’s purview.
4.
Acts of hazing may also be illegal and may be prosecuted under 16 V.S.A. §§140b-140d or other state law.
5.
Nothing in this policy shall limit or preclude the District from disciplining a student or other person affiliated with the District under any other District policy as well as under the terms of this policy.
Training of Staff The Principal shall ensure that each staff member, with particular emphasis on staff members who are coaches or supervisors of co- or extra-curricular activities, receive training in preventing, recognizing and responding to hazing. Reporting Incidents of Hazing to Law Enforcement Officials All staff members are subject to the confidentiality requirements of the Family Education Rights and Privacy Act (20 U.S.C. §1232g and 34 C.F.R. Part 99). Accordingly, information deriving from student records (if the information is obtained through other means, the restrictions of FERPA do not apply) which is personally identifiable, may not be disclosed without parental consent unless it meets one or more of the exceptions specified in 34 C.F.R. Part 99. Certain of these exceptions, depending upon whether the circumstances meet the conditions set forth in those exceptions, may permit the reporting of hazing to law enforcement officials. Those relevant exceptions are: F24: Page 3 of 4
1. 2. 3.
Where there is a health or safety emergency; Where the information has been subpoenaed; or Where the records in question are created and maintained by a law enforcement unit established by the school.
Date Warned: Date Adopted: Legal References:
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §11(a)(30) (Definition of hazing) 16 V.S.A. §§140a-140d (Hazing) 16 V.S.A. §165(a)(1), (8) (School Quality Standards) 16 V.S.A. §565 (Powers of school boards) 20 U.S.C. §1232g (FERPA) 34 C.F.R. Part 99 (FERPA rules) Reporting Suspected Child Abuse or Neglect (F8) Harassment of Students (F20) F24: Page 4 of 4
CODE F 25 WNESU SCHOOL ATTENDANCE POLICY Purpose To assure that the students and their families in WNESU Pre-K-12 schools have support in ensuring attendance at school. The intent is to ensure that students are in school and learning. Daily school attendance is critical to successful school performance. Being present on time is a life skill to be cultivated. The long term goal is for all students to gain an education and all that the education makes possible. Measurable outcomes include an increase in attendance rates, a reduction of the drop-out rate and the number of juveniles on the Department of Children and Families (DCF) caseload. Process School District expectations of families regarding tardiness and truancy: TRUANCY It is our shared responsibility to be sure that every child is safe and accounted for on every school day. If a student is absent from school, it is essential that the parent/guardian notify the school within 30 minutes of the school’s start time. The school will contact the parent/guardian at home or at work, but please note the following: If a child is not in school on a given day and the school has not received notification from the parent/guardian, nor are they able to verify the child’s whereabouts, the school is required to report each unverified absence to the appropriate police agency as early in the day as possible. To ensure the child’s safety and to prevent truancy, the police agency will confirm the child’s whereabouts. TARDINESS Students are expected to arrive at school no later than the stated start time for the school. Students arriving after this time are considered late and will be marked tardy. A pattern of tardiness puts a child at a disadvantage in school. Coming in late, the child regularly misses the opportunity to be greeted by everyone, settle into the day, learn the schedule for the day and generally get off to a positive start. The school asks that the parents/guardians work with the school to ensure that students arrive on time.
Date Warned: November 3, 2010 Date Adopted: November 15, 2010
ATTENDANCE PROCEDURES FOR CODE F25 This school attendance protocol utilizes a team approach, if necessary, to explore with the student and family what obstacles are hindering school attendance. An individualized plan will be developed to increase school attendance. Follow-up steps are set to assess if the plan is working for the student and the family. Records are kept in school files of all contacts related to this protocol made with the family of the student. Team Membership The protocol initially relies on school staff to insure attendance. If needed at a later stage, staff from state and community agencies, as well as parent liaison supports, will assist. Tardiness Tardiness is a disruption to the educational process. It sets a tone that de-values education. It disrupts the child’s schedule for the school day. After eight tardy days
Teacher contacts family in person or by phone. Letter to go out to family from principal.
After twelve tardy days
Letter to go out to family from principal. Parent meeting scheduled with counselor and teacher.
After fifteen tardy days
Letter to go out to family from principal. Parent meeting scheduled with principal, counselor and teacher. At the meeting, a release of information is signed by the family to allow discussion between the school and outside agencies if necessary.
Absences – both excused and unexcused After eight absent days
Phone call or letter to go out to family.
After twelve absent days
Letter to go out to family including, if appropriate, a request for a doctor’s note for any future absences. Copy of correspondence is sent to Department of Children and Families. Parent meeting may be scheduled with Educational Support Team (EST) or school personnel. At the meeting, a release of information is signed by the family to allow discussion between the school and outside agencies, if necessary. Law enforcement may assist in getting release signed.
After fifteen absent days
Letter to go out to family, copy of correspondence to DCF. Parent meeting scheduled if appropriate with school personnel and representatives from outside agencies and programs. These could include the Youth Services, HCRS, DCF, and other community agency supports including law enforcement. Report will be made to DCF at the discretion of the Principal.
After eighteen absent days
Dependent on the DCF Assessment: Dependent on the State’s Attorney’s assessment:
Letter goes out to family. Referral may be made to family physician. Report will be made to DCF at the discretion of the Principal.
Affidavit goes to Windham County State’s Attorney and law enforcement The State’s Attorney makes the decision whether the case should go to Windham County Family Court or District Court.
End of School Year Accumulation of Absences If a student misses more than 18 days of school by the end of the school year, the administrator will take these absences into account at the start of the next school year. If the pattern of absences once again occurs, a report will be made to DCF. Missed Conference Meetings If a parent misses a conference regarding tardiness or absences, a follow-up letter will be sent. If a conference regarding absences is missed, DCF may be contacted at the discretion of the principal.
Revised February, 2013.
CODE F261 Recommended
Policy on The Use of Restraint and Seclusion Section 1. Statement of Purpose 1.1 It is the policy of the Rockingham School District that students not be subjected to inappropriate restraint or seclusion as defined by Vermont State Board of Education Rule 4500 (See attached). It is the district/supervisory union’s intent to create and maintain a positive and safe learning environment, and promote positive behavioral interventions and supports in district schools. This policy is further intended to assist in creating a common understanding within the district/supervisory union of appropriate interventions by district staff. Section 2. Definitions. Definitions relevant to this policy are included in the attached Vermont State Board of Education Rule 4500. Section 3. Policy 3.1 The superintendent or his or her designee shall develop administrative procedures to ensure district/supervisory union compliance with the requirements of Vermont State Board of Education Rule 4500 and other relevant regulations and state and federal laws. The administrative procedures shall include at least the following components. 3.2 Procedures to ensure that only school personnel or contract service providers who are trained in the use of restraint and seclusion are authorized to impose restraint or seclusion unless, due to the unforeseeable nature of the danger of a particular circumstance, trained personnel are not immediately available.2 3.3 Processes to ensure that impositions of restraint or seclusion are reported to school administrators, parents, superintendents and the Commissioner of the Vermont Department of Education under circumstances and within the time limitations required by State Board of Education rules.3 3.4 Processes to ensure that each school in the district/supervisory union maintains written 1
This model policy supersedes former model policy F26 on Restrictive Behavioral Intervention. It is intended to assist districts in ensuring compliance with the provisions of State Board of Education Rule 4500 on Restraint & Seclusion, which were adopted by the State Board at its February, 2011 meeting and will be effective on August 15, 2011. The State Board Rules do not require adoption of a policy by individual school boards, however the VSBA recommends that boards consider adopting a policy, based on this model, that requires compliance with the Rule 4500 and establishes criteria for the development of administrative procedures to implement practices consistent with the Rule. 2 See SBE Rules 4502.3 and 4502.4. 3 See SBE Rule 4503.
records of each use of restraint and seclusion in accordance with the requirements of State Board of Education rules.4 3.5 Procedures to ensure that each school in the district/supervisory union implements follow-up procedures that are consistent with the requirements of State Board of Education rules.5 Section 4. Implementation The superintendent shall ensure that appropriate staff are provided training by programs recommended by the Vermont Department of Education unless he or she submits a plan to the Commissioner of Education demonstrating how a training program not recommended by the Department of Education contains the elements required of recommended programs and meets the purposes of the State Board of Education rules on restraint and seclusion.6
Date Warned: December 8, 2011 Date Adopted: December 19, 2011
4 5 6
See SBE Rule 4504. See SBE Rule 4505. See SBE Rule 4509, 4510.
CODE F27 STUDENT SERVICES: FEDERAL & STATE REQUIREMENTS
This supervisory union/town school district, which receives state and federal funds for special education, adheres to the following policies:
A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S.
LEAP (Local Education Agency Plan) LRE (Least Restrictive Environment) FAPE (Free Appropriate Public Education) Child Find Child Count IEP (Individualized Education Plan) Initial and Reevaluation for Special Education Eligibility Equal Educational Opportunities Procedural Safeguards/Parental Rights (Addendum #1) Special Education Independent Educational Evaluations–Administrative Guidelines Participation in Assessments Student Transportation Transition of Toddlers with Disabilities to Preschool Residential Placements Homebound/Hospitalized Special Education Students Multi-Year Plans Extended School Year Services LEA Representative Independent School Placements by Parents School Districts without a Public School
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. chapters 23, 25, 27, 51, 101 and 133 PL.105-17 Individuals with Disabilities Education Act of 1997 (IDEA) Section of the Rehabilitation Act of 1973: and PL 103-382 Title I of the Improving Americas’ Schools Act (IASA) Board Commitment to Non-Discrimination (C6) F27: Page 1 of 9
A.
LEAP (Local Education Agency Plan) It is the policy of this Supervisory Union/Town District that a local education agency plan as required by the U. S. Department of Education will be submitted annually according to VT State Regulations and Individuals with Disabilities Education Act (IDEA) Regulations (300.181). See appropriate sections of the current LEAP for procedures. The LEAP is available for public access at the Central Office and the Office of the Director of Instructional Support Services.
B.
LRE (Least Restrictive Environment) It is the policy of this Supervisory Union/Town District that to the maximum extent appropriate, each child with a disability will be educated in the school which he or she would attend if not disabled. To the maximum extend appropriate, children with disabilities, including children in public or private institutions or other care facilities, will be educated with children who are not disabled. Whenever possible, hindrances to leaning and to the normal functioning of children requiring special education within the regular school environment shall be overcome by the provision of special aids and services rather than by separate programs. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. VT State Regulations (2361.2, 2364, 2364.1) and IDEA Federal Regulations (300.130, 300.311(b&c), 300.550-300.556) See appropriate sections of the current LEAP for procedures. The LEAP is available for public access at the Central Office and the Office of the Director of Instructional Support Services.
C.
FAPE (Free Appropriate Public Education) It is the policy of this Supervisory Union/Town District that eligible children age three through twenty-one, will receive free and appropriate special education and related services, regardless of the severity of their disability, providing it has been determined they have a need for special education. This includes children with disabilities who have been suspended or expelled from school. VT State Regulations (2360.2, 2368.1.4) IDEA Federal Regulations (300.121, 300.122, 300.300) F27: Page 2 of 9
See appropriate sections of the current LEAP for procedures. The LEAP is available for public access at the Central Office and the Director of Instructional Support Services.
D.
Child Find
It is the policy of this Supervisory Union/Town District that public notification is given before conducting any significant activity that: o identifies o locates o evaluates children with disabilities who are three through twenty-one years of age.
Each school district shall annually inform the public regarding the availability of special education services for children with disabilities who are three through twenty-one years of age. VT State Regulations (2360.3.4 (a), 2368.1.1) IDEA Federal Regulations (300.125) Notice will appear annually in the Rockingham School District Report and the individual annual newsletter that is sent to every household in the supervisory union.
E.
Child Count It is the policy of this Supervisory Union/Town District that each school district shall annually submit to the Department of Education data requested by the Department on students who have been found eligible for special education under the IDEA. VT State Regulations (2360.3.4 (b), 2368.1.2) IDEA Federal Regulations (300.125) Notice will appear annually in the Rockingham Town Report and the individual annual newsletter that is sent to every household in the supervisory union. See appropriate sections of the current LEAP for procedures. The LEAP is available for public access at the Central Office and the Office of the Director of Instructional Support Services.
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F.
IEP (Individualized Education Program) It is the policy of this Supervisory Union/Town District that an Individualized Education Program shall be developed and implemented for each child with a disability who receives special education services. VT State Regulations (2361.3, 2363) IDEA Federal Regulations (300.128, 300.341-350) See appropriate sections of the current LEAP for procedures. The LEAP is available for public access at the Central Office and the Office of the Director of Instructional Support Services.
G.
Initial and Reevaluation for Special Education Eligibility It is the policy of this Supervisory Union/Town District that a full and individual evaluation is conducted for each child being considered for special education and related services according to IDEA. (1) (2)
To determine if the child is a “child with a disability” To determine the educational needs of the child.
In implementing the requirements of above, the public agency shall ensure that (1) (2) (3) (4)
The evaluation is conducted in accordance with the procedures described in Federal and State Regulations. The results of the evaluation are used by the child’s IEP team in meeting the requirements of Federal and State regulations. A reevaluation of each child with a disability is conducted in accordance with Federal and State regulations. The results of any reevaluations are addressed by the child’s IEP team in reviewing and, as appropriate, revising the child’s IEP.
VT State Regulations (2361 and 2362) IDEA Federal Regulations (300.126, 300.320, 300.321, 300.530 – 300.536)
H.
Equal Educational Opportunities Students on Individual Educational Plans are encouraged to participate in school sponsored events and performances. The IEP should reflect the need for accommodations/supervision when the student is a participant in a school-sponsored event. There is no provision for the school to provide accommodations/supervision where the student is an observer only. Exceptions to these guidelines may be considered on an individual basis. Final approval is dependant upon availability of personnel and coordinator approval. VSA Title 16 § 2941, Federal Title IX, IDEA Federal Regulations (300.306)
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I.
Procedural Safeguards/Parental Rights It is the policy of Windham Northeast Supervisory Union/Town School Districts to comply with the procedural safeguards for children: • • • • • • • • • • • • • • • • • • • •
Due process for parents and children Parent examination of records Parent participation in meetings Independent education evaluation Independent education evaluation at public expense: see administrative guidelines Required notifications Parental consent Mediation Impartial due process hearing and officer Hearing rights – impartial review, decision and appeal Timelines and convenience of hearings and reviews Civil action Attorney’s fees Child status during proceedings Surrogate parents Child age of majority Change of placement for disciplinary removal Authority of school, hearing officer Alternative Settings Manifestation review and determination
VT State Regulations (2360.5.8) and IDEA Federal Regulations (300.129, 300.500-300.517)
J.
Participation in Assessments It is the policy of this Supervisory Union/Town School District that children with disabilities are included in general State and district-wide assessment programs, with appropriate accommodations and modifications in administration, if necessary. IDEA Federal Regulations (300.138)
K.
Student Transportation Transportation will be provided to eligible special education students when required to implement a part of the instructional program; including transportation to and from home for students who cannot be accommodated by regular school bus service including nonacademic services. Parents may be requested to provide transportation but will be reimbursed at the regular Supervisory Union rate. VT State Regulations (2366.2.2, 2368.1.7) IDEA Federal Regulations (300.306)
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L.
Transition of Toddlers with Disabilities to Preschool It is the policy of this Supervisory Union/Town School District that Preschool children who are eligible for additional supports and services beginning at age three. Services shall be available to these children. VT State Regulations (2360.5.7. 2361.1) IDEA Federal Regulations (300.132) Procedures: 1. The initial comprehensive evaluation under Part B. will occur when the initial evaluation for early intervention expires after three years. 2. The WNESU/Town School District supports family involvement in all components of the transition process including planning, site visits and the develo0pment of the transition plan. 3. The WNESU or the individual town districts thru participation of the designated LEA representative will participate in transition planning
M.
Residential Placements It is the policy of this Supervisory Union/Town School District that residential placements for eligible special education students are a decision of the IEP teams and follow VT State Regulations (2366.9) IDEA Federal Regulations (300.302)
N.
Homebound/Hospitalized Special Education Students It is the policy of this Supervisory Union/Town School District that: a. Preschool children who are homebound or hospitalized due to a medical condition and are unable to access the essential early education services outlined in their current IEP shall receive direct instruction as determined by the child’s IEP participants. b. Homebound or hospitalized elementary special education students and elementary special education students with IEP’s calling for tutorial services outside school shall received instruction pursuant to the student’s IEP for no less than six hours per week unless inconsistent with medical and/or educational recommendations. c. Homebound or hospitalized secondary special education students and secondary special education students with IEP’s calling for tutorial services outside school, shall receive instruction pursuant to the student’s IEP for no less than an average of two hours per subject per week unless inconsistent with educational or medical recommendations. VT State Regulations (2364.3)
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O.
Multi-Year Plans It is the policy of this Supervisory Union/ Town School District to develop multi-year plans leading to graduation for students so referred. A multi-year Plan is an individual plan for students with limiting disabilities that leads to completion of the graduation requirements. This plan shall include a component explaining any exception to the graduation requirement s and alternative requirements designed for the pupil. A description of the process follows: Students, parents, teachers, guidance personnel, or school administrators may make a request for Multi-year Plans. For students who are eligible for special education, a Multi-year Plan shall be considered at a student’s Individual Education Plan (IEP) meeting beginning with the IEP meeting to plan services for the year in which the student turns 14 years old. The participants at the IEP meeting shall develop a Multi-year Plan if they determine that is necessary in order for the student to graduate. The student’s superintendent or his or her designee shall review and approve or disapprove all Multi-year Plans. The IEP participants shall submit any changes to a Multi-year Plan. When approved, completion of the Multi-year Plan shall be stated as one of the goals in the student’s IEP. Upon successful completion of an approved Multi-year Plan for graduation, a diploma shall be awarded to the student. VT State Regulations (2120.8.2.1(c ))
P.
Extended School Year Services It is the policy of this Supervisory Union/Town School District to provide certain special education eligible students with extended school year services according to the following guidelines: (1) ESY services shall be provided only if a child’s IEP team determines that the services are necessary for the particular child beyond the normal school year because: (i) (ii) (iii) (iv)
ESY is essential to permit the student opportunity to reach reasonably set educational goals; There has been a significant amount of regression over the past winter, spring and summer vacations and recumbent did not occur within a reasonable amount of time; The severity of the student’s disability presents a risk of irreversible regression; The student’s rate of progress has failed to meet the goals or benchmarks set forth in an IEP designed to promote reasonable progress; or F27: Page 7 of 9
(v)
The students’ transition needs require continued programming beyond the school year IEP.
(2) A school district or IEP team may not limit extended school year services to students with particular disabilities; or (3) A school district shall not adopt a policy that limits the type, amount, or duration of ESY services for all children. VT State Regulations (2363.8 (g)) IDEA Federal Regulations (300.309)
Q.
LEA Representative It is the policy of this Supervisory Union/Town School District that the Principal is assigned the responsibility of LEA representative where required by state and federal regulations. If the Principal is unable to fulfill this duty, he/she will designate a temporary replacement to attend IEP meetings, etc.
R.
Independent School Placement It is the policy of this Supervisory Union/Town School District that they will follow the procedures for Independent School Placement of children with disabilities by their parents in recognized or approved independent schools, including religious schools. These procedures are found in the Vermont Special Education Regulations. This section does not apply to children who are placed in independent schools by school districts pursuit to IEP’s VT State Regulations (2368.1.1 through 2368.1.13) IDEA Federal Regulations (300.403, 300.450-300.462)
S.
School Districts without a Public School It is the policy of this Supervisory Union/Town School District that those school districts that do not maintain a public school or has not designated, in accordance with 16 VSA § 827, an approved independent school, shall provide all eligible resident students a free appropriate public education. All special education evaluations, planning and due process procedures, as required by Vermont Regulations and Federal Law, shall be made available to students who are referred for a special education evaluation or who are eligible for special education and to their parents. The location of IEP services shall be determined by the above regulations. VT State Regulations (2368.3) IDEA Federal Regulations (300.133, 300.349, 300.400-300.402) F27: Page 8 of 9
Addendum #1-Special Education Independent Educational Evaluations-Administrative Guidelines Independent evaluations paid for by the school district: Whenever there is a request for payment of an independent evaluation from this school district, the following criteria must be met: 1. Parents, guardians, etc. may request an independent evaluation at school expense only after the Evaluation and Planning Team has had an opportunity to complete its evaluation and issue a report. The request must be in writing to the Director of Instructional Support Services before the independent evaluation is scheduled to take place. The request must state (a) why the parents disagree with the district’s evaluation of their child, (b) what specific evaluations are being sought, (c) what they purport to show, (d) who they propose as an independent evaluator and his/her qualifications, and (e) estimated costs. 2. The Director of Instructional Support Services will respond to a completed parental request for an independent evaluation within ten working days of receiving the completed request. 3. The Director of Instructional Support Services will provide parents or guardians upon request, with a list of evaluation agents/sites that meet the school district’s evaluation criteria. The parents shall inform the district of their choice before the evaluation has taken place. (Parents or guardians are not required to select an evaluator from the district’s list, but shall be informed of the district’s ability to challenge any evaluator. The criteria for the Independent Evaluation shall be consistent with the criteria used by the district for its evaluations, see #4.below) 4. If approved by the Director of Instructional Support Services upon request, the independent evaluator must provide evidence of being appropriately trained, licensed or certified to administer and interpret all tests or examinations to be used. 5. All independent evaluations shall be conducted within a two hundred and fifty mile radius of Bellows Falls, Vermont. With the written approval of the Superintendent, parents may be granted reimbursement for independent evaluations outside this area provided there is agreement that such reimbursement will be limited to the amount of a comparable evaluation within the designated area (if available within the designated area) and with agreement that reimbursement for all associated expenses (meals, room, travel) shall be limited to current rates for meals and travel as determined by the Superintendent. 6. The Director of Instructional Support Services may request the independent evaluator to carry out additional and specific assessments which the Evaluation and Planning Team deem necessary to ensure the appropriateness of the child’s education. 7. The results of all independent evaluations obtained at public expense shall be considered by the Evaluation and Planning Team and/or IEP meeting participants in any decision made with respect to the provision of a free appropriate public education to the student. 8. The independent evaluators shall send the report of the results of the independent evaluation and, if requested by the district all supporting data including test protocols to the Director of Instructional Support Services. No invoices shall be processed for payment until all materials noted above are received by the Director of Instructional Support Services. Independent evaluations paid for by parents: If the parent obtains an independent educational evaluation at private expense, the results of the evaluation: 1. Shall be considered by the Evaluation and Planning Team and/or IEP Team in any decision made with respect to the provision of a free appropriate public education to the child. VT State Regulations (2362.2.7) IDEA Federal Regulations (300.502) F27: Page 9 of 9
CODE F28 (Mandatory)
Pupil Privacy Rights: Student Surveys Policy It is the intent of the Board to comply with the provisions of the federal Pupil Privacy Rights Amendment (PPRA) governing the administration of certain student surveys, analyses or evaluations funded in whole or in part by the U.S. Department of Education. Definitions. As used in this policy, the following terms shall mean: “Invasive physical examination” means a 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. “Personal information” means individually identifiable information including a student’s or parent’s name, address, telephone number, or social security number. “Instructional material” means instructional content that is provided to a student, regardless of format. It does not include tests or academic assessments. “Parent” means a natural or adoptive parent, a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of a child). Student Rights. The rights provided to parents under the Pupil Rights Amendment and this policy transfer to the student when the student turns 18 years old, or is an emancipated minor under applicable Vermont law. Policy No student shall be required, without parental consent, to take part in a survey, analysis, or evaluation funded by the U.S. Department of Education that reveals information concerning: •
political affiliations or beliefs of a student or a student’s parents;
•
mental or psychological problems of a student or student’s family;
•
sex behavior or attitudes;
•
illegal, anti-social, self-incriminating and demeaning behavior;
•
critical appraisals of other individuals with whom student respondents have close family relationships; F28: Page 1 of 3
•
legally recognized privileged or analogous relationships, such as those of lawyers, physicians or members of the clergy;
•
income (other than that required by law to determine eligibility for participation in a program for receiving financial assistance under such program; or
•
religious practices, affiliations, or beliefs of the student or the student’s parents.
Parents shall have the right to inspect any survey created by a third party before the survey is administered or distributed to a student. Requests for inspection shall be in writing, and shall be made in sufficient time to allow a response at least two weeks in advance of any survey to be given. Parents shall be notified at least annually, at the beginning of the school year or when enrolling students for the first time in district schools, of this policy. The notification shall explain that parents/guardians or students 18 years of age or older, have the right to “opt out” of the following activities: •
the collection, disclosure and use of personal information gathered from students for purpose of marketing or selling that information. This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational services for, or to students such as: o
college or other postsecondary education recruitment, or military recruitment;
o
book clubs, magazines and programs providing access to low cost literary products;
o
curriculum and instructional materials used in schools;
o
tests and assessments;
o
student recognition programs; and
o
the sale by students of products or services to raise funds for school-related activities.
•
the administration of any survey that includes the subject areas listed above; or
•
the administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school not necessary to protect the immediate health or safety of a student or other students and not otherwise permitted or required by state law.
Parents shall be notified, through U.S. Mail., e-mail or other direct means, at least annually at the F28: Page 2 of 3
start of each school year of the specific or approximate dates of any activities described in subparagraphs 1-3 above, and shall be provided an opportunity to opt out of participation in those activities. Parents shall have the right to inspect, upon request, and instructional material used as part of the educational curriculum. The superintendent or his or her designee shall develop administrative procedures as required to ensure implementation of this policy.
Date Warned: Date Adopted:
March 20, 2006 April 3, 2006
Legal References: Protection of Pupil Rights, 20 U.S.C. § 1232h
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Wellness Policy
Code F29
I.
Purpose: In order for children to achieve their full potential, healthy eating patterns and daily developmentally appropriate physical activity are essential. It is the policy of the WNESU to establish goals for nutrition education, physical activity and other schoolbased activities that are designed to promote student wellness. With the objective of promoting student health and reducing childhood obesity, the district will also establish nutrition guidelines.
II.
Nutrition: A. Rationale: A well-planned and well-implemented District nutrition program positively influences students’ eating habits. Consuming a variety of nutritious foods promotes healthy growth and development and provides the necessary energy for learning. B. Nutritious Food Choices: 1. At meal times, nutritious and appealing foods shall constitute the bulk of the items offered with consideration being given to a balanced diet wherever and whenever food is sold. 2. Menus shall be planned by the School Food Service Program to conform to the Dietary Guidelines for Americans and the nutrient standard established in the regulations of the National School for Lunch Program (CFR 210) and the School Breakfast Program (CFR 220). 3. Foods and beverages sold through vending machines shall conform to the Vending Guidelines outlined in Appendix A as will foods sold through school stores, snack bars and other venues. No foods shall be sold from vending machines during meal service times. 4. The District staff shall limit the use of food as a reward for students and encourage alternatives to food as rewards. Food is not to be used as a punishment for students. 5. Nutrition education shall be integrated within the health education program. III
Physical Education Program: A. Rationale: A well-planned and well-implemented District physical education program positively influences student’s physical activity habits. Participation in regular physical activity has a positive impact on behavior and healthy lifestyles in youth because the habits they establish in childhood carry over to adulthood. B. Instructional Program: The physical education program is sequential, developmentally appropriate and in alignment with the National Association for Sports and Physical Education. The majority of physical education class time is spent
in moderate to vigorous physical activity. B. Curriculum: 1. The curriculum equips students with the knowledge, skills, and attitudes necessary for a variety of lifetime physical activities. 2. The curriculum builds students’ competencies in their own physical abilities and thus improves self confidence. 3. The physical education program includes all students, unless otherwise contra-indicated medically. C. Beyond the Curriculum: 1. Opportunities are provided for students to be physically active during the school day, in a safe environment, beyond the physical education class. Activities may include open time in the gym, walking programs, aerobic activities, or use of the trails on the High School campus. 2. Interscholastic Sports are designed to develop sport specific skills, physical fitness and a spirit of fair play, and are based on appropriate teaching/learning progressions. 3. Schools provide an avenue for reaching students before and after school through organized physical activities such as homework clubs and intramurals. IV.
Policy Implementation: There is a plan for measuring the implementation of the policy, including designation of one or more persons charged with the operational responsibility for ensuring that the wellness policy is enforced.
V.
Reporting to the Community: In reporting nutrition and fitness data, the school will share information from the following sources: 1. Physical fitness results 2. Youth Risk Behavior Survey 3. School Lunch Program data 4. Athletics program data 5. Wellness Program data 6. Health Services Program Data
Date Warned: September 9, 2010 Date Adopted: September 20, 2010 Legal References
Procedures for Wellness Policy
Code F29
The Wellness Policy procedures are as follows: I.
Nutrition A. The School Food Service Program 1. Nutritious foods are nutrient dense foods including whole grains; low-fat or non-fat dairy products; fresh fruits and vegetables; lean meats, poultry, fish, and beans. 2. Nutritious foods exceed the nutrient levels of Foods of Minimal Nutritional Value, which have been identified by the United States Department of Agriculture (7CFR210, Appendix A). 3. Menus shall be planned to conform to the regulations of the National School Lunch and Breakfast Programs. 4. A la carte food includes all foods sold by the food service program that are not part of a reimbursable meal and conform to the guidelines outlined in Appendix A. 5. The food service program shall include locally grown foods and beverages and the program shall: • Pursue partnerships with local farms and farmers, manufacturers and small processors. • Take advantage of existing products already available such as eggs, milk, dairy products, cheese, apples and produce. • Ask local distributors to carry Vermont products in their inventory to allow for easier availability to Districts. • Write bid contracts that allow districts to buy local products “off bid” if primary vendors cannot or will not sell them. 6. Students and staff shall have adequate space to eat in pleasant surroundings and shall have adequate time to eat, relax and socialize. At a minimum, lunch periods will be 20 minutes long. Sufficient transition time is also provided. B. Other Food Choices at School 1. Foods and beverages available at school support the nutritional need of students, are nutritious and meet the Guidelines outlined in Appendix A. 2. Nutritious foods are included at any time foods are sold at school to raise funds and all foods will be purchased using the practices in Appendix A. 3. Nutrition education shall focus on developing healthy eating behaviors, be based on theories and methods proven effective by research, and be consistent with Vermont’s health education standard.
II.
Physical Education Program A. Instructional Program 1. The physical education program will move towards a goal of a minimum of 150 minutes per week for elementary grade students and will be phased in over the next two years. 2. The school will provide a safe environment to implement the program. A safety inspection will be conducted annually by the District. 3. The school minimizes the interruptions to scheduled physical education classes. This includes interruptions due to scheduling non-physical education activities in physical education facilities. B. Curriculum 1. The curriculum uses developmentally appropriate components of a health-related fitness program, e.g. Fitnessgram, Physical Best, President’s Challenge, or a combination of these. 2. Physical education topics are integrated within other curricular areas. In particular, the benefits of being physically active are linked with instruction about human growth, development and physiology in science classes and with instruction about personal health behaviors in health education classes. 3. The physical education curriculum and assessments are aligned with standard 3.6 of the Vermont Framework and with the Vermont Physical Education Grade Expectations. 4. Suitable adapted physical education is included as part of the IEP for students with chronic health problems and other special needs that preclude participation in regular physical education classes. 5. A student with a chronic health problem or other disabling condition is permitted to participate in any extra-curricular activity, including interscholastic athletics, if the student’s skills and physical condition meet the same qualifications as other students. The school makes reasonable accommodations to allow the student to participate.
III.
Physical Activity A. Interscholastic Sports 1. Instruction/coaching provides a learning environment that is appropriate to the characteristic of the athletes and goals of the program. 2. Instruction/coaching utilizes a variety of teaching strategies to improve athletic performance and development. 3. Instruction/coaching uses appropriate forms of motivation and provides constructive feedback of athletes.
4. Use of the school facilities by community members for physical activities is encouraged. IV.
Reporting to the Community A. Report Topics The school will report nutrition and fitness data in a format easily understood by the public. Examples include: 1. Physical fitness data such as Fitnessgram, Physical Best or the President’s Challenge on Physical Fitness. 2. Youth Risk Behavior Survey data 3. School Lunch Program data, such as the percentage of students participating in the meals program. 4. Physical Education and athletics program data, such as the percentage of students participating in athletics and intramural sports. 5. Wellness Program data, such as the percentage of students participating in special wellness programs run by the District throughout the year. 6. Health Services Program Data, such as the percentage of students who access a particular benefit such as the H1N1 inoculations.
APPENDIX A Vermont Nutrition Standards for All Foods Sold Outside of Reimbursable School Meals Standards for Elementary Schools During Meal Service Periods: Eliminate foods that are sold outside of the breakfast and lunch programs Snacks and Breaks Beverages • Bottled Water • 100% fruit or vegetable juice, portion size no larger than 4 oz • Low or nonfat white or flavored milk, portion size no larger than 8 oz with up to 150 calories per 8 oz • Drinkable yogurt portion size no larger than 8 oz with up to 150 calories per 8 oz Foods Yogurt Portion size no larger than 6 oz 6 oz portions must be equal to or less than 150 calories per serving 4 oz portions must be equal to or less than 100 calories per serving Cheese Regular and reduced fat cheese-portion size no larger than 1 ½ oz Calorie Limits Fresh foods & vegetables-no limits Vegetables with sauce-100 calories (1 nutrient); 150 calories (2 nutrients) Soups-100 calories (1 nutrient); 150 calories (2 nutrients) All other snacks: 150 calories (see sodium limits for the nutrient list) Fat Limits ˂ 35% of total calories from fat with ˂ 10% of calories from saturated fat or ˂ 1 gram of saturated fat and 0 grams of trans fat. Exception: nuts, nut butters, and seeds Sugar Limits ˂ 35% sugar by weight and no more than 30 grams per 8 oz portion, with the exception of fruits Sodium Limits ˂ 230 mg of sodium with the following exceptions: • Low fat and fat free dairy products must be ˂480 mg sodium • Vegetables with sauce and soups must be ˂480 mg sodium and contain one or more of the following: ˃ 2 grams of fiber; or ˃ 5 grams of protein; or ˃10% Daily Value of Vitamin A, C, E, folate, calcium, magnesium, potassium, or iron; or ˃ ½ serving (1/4 cup) of fruit or vegetables
Standards for Middle Schools (if middle and high school students have shared access to cafeterias and common areas the school has the option to adopt the high school standards) During Meal Service Periods limit foods sold outside of the breakfast and lunch programs to items that supplement, rather than compete with, the meal. Entrees that qualify as a meal component of the reimbursable school breakfast or school lunch program should not be sold as a la carte items. Beverages • Bottled water • 100% fruit or vegetable juice, package size is no larger than 10oz • Low or nonfat white or flavored milk, portion size no larger than 10 oz with up to 150 calories per 8 oz • Drinkable yogurt portion sizes no larger than 10 oz with up to 150 calories per 8 oz Foods Yogurt Portion size no larger than 6 oz 6 oz portions must be equal to or less than 150 calories per serving 4 oz portions must be equal to or less than 100 calories per serving Cheese Regular and reduced fat cheese – portion size no larger than 1 ½ oz Calorie Limits Fresh Foods & Vegetables – no limits Vegetables with Sauce – 100 calories (1 nutrient); 150 calories (2 nutrients) Soups – 100 calories (1 nutrient); 150 calories (2 nutrients) All other snacks: 180 calories limit (see sodium limits for the nutrient list) Fat Limits ˂ 35% of total calories from fat with ˂ 10% of calories from saturated fat or ˂ 1 gram of saturated fat and 0 grams of trans fat. Exception nuts, nut butters and seeds Sugar Limits ˂ 35% sugar by weight and no more than 30 grams per 8 oz. portion, with the exception of fruits Sodium Limits ˂230 mg of sodium with the following exceptions: Low fat and fat free dairy products can have ˂ 480 mg sodium Vegetables with sauce and soups must be ˂ 480 mg sodium and contain one or more of the following: ˃ 5 grams of protein; or ˃ 10% Daily Value of Vitamin A,C,E, folate, calcium, magnesium, potassium, or iron; or ˃ ½ serving (1/4 cup) of fruit or vegetables
Standards for High Schools During Meal Service Periods Foods that are sold outside of the breakfast and lunch programs are limited to items that supplement rather than compete with, the meal. Entrees that would qualify as a meal component for the reimbursable school breakfast or school lunch program are not sold as a la carte items. Beverages Bottled water, Juice beverages are 100% fruit or vegetable juice, and the package size is no larger than 12 oz. Low or nonfat white or flavored milk, portion size no larger than 12 oz. with up to 150 calories per 8 oz. Drinkable yogurt can be offered in portion sizes no larger than 12 oz. with up to 200 calories per 8 oz. Foods Yogurt Portion size no larger than 8 oz 8 oz portions must be equal to or less than 200 calories per serving 6 oz portions must be equal to or less than 150 calories Cheese Regular and reduced fat cheese – portion size no larger than 1 ½ oz Calorie Limits Fresh Foods & Vegetables – no limits Vegetables with Sauce – 100 calories (1 nutrient); 150 calories (2 nutrients) Soups – 100 calories (1 nutrient); 150 calories (2 nutrients) All other snacks: 200 calories (see sodium limits for the nutrient list) Fat Limits ˂35% of total calories from fat with ˂10% of calories from saturated fat or ˂ 1 gram of saturated fat and 0 grams of trans fat. Exception: nuts, nut butter, and seeds Sugar Limits ˂ 35% sugar by weight and no more than 30 grams per 8 ounce portion, with the exception of fruits Sodium Limits ˂230 mg of sodium with the following exceptions: Low fat and fat free dairy products can have ˂ 480 mg sodium Vegetables with sauce and soups must be ˂ 480 mg sodium and contain one or more of the following: ˃ 2 grams of fiber; or ˃ 5 grams of protein; or ˃ 10% Daily value of Vitamin A,C,E, folate, calcium, magnesium, potassium, or iron; or ˃ ½ serving (1/4 cup) of fruit or vegetables
Wellness Appendix B Incentive Ideas Ways to Reward Students • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Extra music and reading time Time for music and dancing Music while doing school work Chat break at the end of class Extra computer time Free time at the end of class Day for watching a movie Group activity Games Homework coupon Coupon for free test answers Coupon for prizes and privileges Certificate/trophy/ribbon/plaque Gift certificate to local non-food merchants Free pass to sporting event or play Bowling passes Frisbees, hackey sacks, jump ropes, balls, hoops (anything that encourages physical activity) Walk break from class Fun walk with the principal or teacher Guest presenter in class Field trip Eat lunch, have class outside Stickers Pencils or pens Paperback books Extra recess Sitting with friends Music concert at school or assembly Pep rally Magazine subscriptions T-shirt/hat/sunglasses Step counter Movie passes or local video store free rental Raffle tickets that students accumulate to buy prizes Appreciation, Recognition, Affirmation Day Pass to Recreation Center or class swim trip to Recreation Center Outdoor time/nature walk
CODE G1 (Mandatory for SU) CURRICULUM DEVELOPMENT & COORDINATION Policy The School Board recognizes its responsibility for the improvement and growth of the educational program of the school. For the purposes of this policy, the curriculum is defined as all planned learning activities within the School District's jurisdiction. The Supervisory Union Board shall coordinate the curricula of local districts in the Supervisory Union. Implementation The School Board delegates the direct responsibility for developing, coordinating, and evaluating the curriculum to the Principals as the educational leaders of the Rockingham School District. The Principals shall establish procedures to ensure effective participation of all professional staff members, students as appropriate to their level of maturity, parents, and others who have a direct interest in the school and shall make recommendations to the School Board. The Principals shall insure that the curriculum is consistent with the written goals and objectives of the instructional program as approved by the Board. Any addition to, deletion, or revision of a program within the curriculum shall be approved by the School Board before it is implemented. The Principals may conduct pilot programs with prior Board approval. The Principals shall conduct systematic evaluations of all programs within the curriculum and periodically report the results to the Board.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §261a (1) (Duties of supervisory union boards) State Board of Education Rules & Practices §§ 2120.8.2.3 (Curriculum Leadership), 2122.2 (Alignment) Professional Development (D2) Educator Supervision and Evaluation: Probationary Teachers (D4) Student Assessment (F22) Local Action Plan (G8) School Community Relations (H1) Parental Involvement (H2) G1: Page 1 of 1
CODE G2 USE OF COPYRIGHTED WORK Policy It is the policy of the Rockingham School District to respect the personal property of others, whether tangible or intangible, in accordance with the Copyright Act of 1976 as amended (17 U.S.C. §§101-120). Background Federal law protects the control of the distribution of intellectual property, including copyrighted materials. The law provides that the use of copyrighted material, under certain circumstances, is not copyright infringement and the permission of the copyright holder is not required. Duplication of copyrighted materials without written prior permission from the owner is prohibited except under the fair use doctrine articulated in Section 107 of the Act. Assessing fair use is a highly subjective process and for this reason, the Congress has published concrete guidelines for the copying of various media for educational purposes. Implementation 1. The Superintendent or his or her designee shall develop procedures to implement this policy which may include the federal guidelines published by Congress and other groups with expertise in this area. A. "Guidelines for Classroom Copying in Not-for-Profit Educational Institutions" B. "Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes" (developed by the Kastenmeier Subcommittee of the U.S. House Judiciary Committee in 1979) C. "Guidelines for Educational Uses of Music" published by the Media and Technology Services Area of the North Carolina Department of Public Instruction in 1979. D. Procedures for the protection of microcomputer software should take into consideration the guidelines developed by the International Council for Computers in Education (University of Oregon, Eugene, Oregon). The Congressional guidelines represent the minimum fair use. Should a staff member or student want to use copyrighted materials in a manner that exceeds the guidelines, that individual shall seek permission from the copyright holder using the designated Board-approved permission form. 2.
The Principal will assure that students and staff are advised of this policy at least annually and are educated about the use of this policy and its accompanying procedures.
Student and Staff Responsibilities All students and staff members are responsible for complying with this policy and its accompanying procedures. Any student or staff member who willfully fails to seek permission from the copyright owner prior to using copyrighted materials in a manner that exceeds the fair use guidelines shall be considered personally liable for any results of their actions and shall be considered to have acted in violation of this policy.
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Ownership of Work 1. Employee work: All work completed by employees as part of their employment shall be considered works made for hire. The School Board on behalf of the District shall own any and all rights to such works including any and all derivative works, unless there is a written agreement to the contrary. All work owned by the Board shall be accompanied by a standard copyright notice as set forth in the administrative procedures. 2.
Student Work: All work completed by students as a part of the regular instructional program is owned by that student as soon as it is created, unless such work is created while the student is acting as an employee of the school system or unless such work has been paid for under a written agreement with the school system. Such work shall be considered a work made for hire and shall be the property of the School Board. All student work that is owned by the student shall be accompanied by a standard copyright notice. Staff members shall obtain a student's permission prior to distributing his/her work to parties outside the school.
Violations Staff members who violate the provisions of this policy shall be considered to have committed misconduct while employed and such misconduct shall be grounds for disciplinary action. Students who violate the provisions of this policy shall be disciplined in accordance with the student discipline policy.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 17 U.S.C. §§101-120 (Copyright Act of 1976 as amended)
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CODE G3 FIELD TRIPS Policy The Board endorses the use of field trips as extensions of classroom experiences. Implementation Teachers shall organize and carry out field trips according to the following guidelines. 1.
Teachers should submit to the Principal a written request for a field trip which includes a statement of learning outcomes and associated costs.
2.
At the conclusion of the trip, the teacher responsible should submit a brief report to the Principal indicating the extent to which the objectives of the trip were met.
3.
Teachers organizing field trips will be responsible for obtaining permission slips from parents, scheduling transportation, and overseeing arrangements with the site of the field trip.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 Curriculum Development (G1)
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CODE G4 SELECTING LIBRARY MATERIALS Policy It is the policy of the Rockingham School District to provide students access to a wide variety of educational materials in individual classrooms and in the media center to support student learning. Definitions For the purpose of this policy: 1. 2.
Media include all materials considered part of the library collection, plus all instructional materials housed in resource centers and classrooms (if any) which are not text materials. Media Center is the space, room or complex of rooms and spaces designated as a library, media center, instructional materials center, or similar term. It may include units not contiguous to the center where facilities so dictate. These units would include but not be limited to resource centers, production centers, and television studios.
Implementation 1. When selecting materials to be purchased for the media center, the media specialist will evaluate the existing collection and the school’s (District’s) curriculum needs and will consult reputable, professionally prepared selection aids and other appropriate sources. 2.
Recommendations for purchase will be solicited from members of the faculty and student body.
3.
Materials obtained either by purchase or gift shall be judged by the criteria set forth in the policy on the Selection of Instructional Materials and shall be accepted or rejected in accord with those criteria.
4.
Selection is an ongoing process which shall include the removal of materials no longer appropriate and the replacement of lost and worn materials still of educational value.
5.
Complaints related to the selection of library materials will be handled through the policy on Procedure for Handling Complaints.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563(14) (Powers of school boards) Complaints About Instructional Materials (G6) Selection of Instructional Materials (G5)
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CODE G5 SELECTION OF INSTRUCTIONAL MATERIALS Policy It is the policy of the Rockingham School District to provide students with a broad variety of instructional materials to support student learning. Implementation Instructional materials will be selected by professional staff in accordance with the following criteria and procedures: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Instructional materials should enrich and support the current curriculum, taking into consideration the varied interests, abilities, and maturity levels of students served. Instructional materials should stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards. Instructional materials should provide a background of information which will enable students to make intelligent judgments in daily life. Instructional materials should present opposing sides of controversial issues so that, with guidance, young citizens may develop the practice of critical thinking. Instructional materials should be representative of different racial, religious, ethnic, and cultural groups, emphasizing their valuable contributions to American heritage and should be free from sex-role stereotyping to the extent possible. Books and instructional materials should be chosen for values of interest and enlightenment of all the students of a community and to encourage students to read regularly. A book will not be excluded because of the race, nationality, or the political or religious views of the author. Since books and instructional materials are selected to provide for the interest and needs of the school community and the school program, they may be selected cooperatively by teachers, principals, and librarians, sometimes with the assistance of students and parents. In the selection of books and other instructional materials, consideration should be given to factual accuracy, authoritativeness, balance, and integrity. Aesthetic values also must be considered in selection of materials. Books and instructional materials will be viewed by members of the staff to assure their timeliness and continued appropriateness. The Superintendent has ultimate authority under 16 V.S.A. §563 (14) to preview and approve instructional materials.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (14) (Powers of school boards) Complaints About Instructional Materials (G6) Selecting Library Materials (G4) G5: Page 1 of 1
CODE G6 COMPLAINTS ABOUT INSTRUCTIONAL MATERIALS Policy It is the policy of the Rockingham School District to provide for fair and impartial review of any complaint about instructional materials used by the District. Implementation 1. The Principal will develop procedures to implement this policy. 2. 3. 4.
5. 6.
7.
All complaints will be reported to the Principal, whether received by telephone, letter, or in personal conversation. The Principal or his or her designated representative will contact the complainant to discuss the complaint and attempt to resolve it informally by explaining the philosophy and goals of the School District and/or the library media center. If the complaint is not resolved informally, the complainant will be supplied a packet of materials consisting of the District's instructional goals and objectives, materials selection policy statement, and the procedure for handling objections. This packet will also include a standard printed form which must be completed and returned before consideration will be given to the complaint. If the formal request for reconsideration has not been received by the Principal within two weeks, the issue will be considered closed. If the request is returned, the reasons for selection of the specific work shall be re-established by the appropriate staff. In accordance with this policy statement, no questioned materials shall be removed from the school pending a final decision. Pending the outcome of the request for reconsideration, however, the teacher may, at the request of a parent, make an alternative assignment for an individual student. Upon receipt of a completed objection form, the Principal will follow the procedures accompanying this policy.
Appeal If the complainant is dissatisfied with the outcome of the review of the complaint, he or she may ask to have the complaint heard by the School Board.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §563 (14) (Powers of school boards) Selection of Instructional Materials (G5) Selection of Library Materials (G4) G6: Page 1 of 1
CODE G7 (Mandatory) EDUCATIONAL SUPPORT SYSTEM Policy It is the policy of the Rockingham School District to provide a continuum of educational services through a comprehensive Educational Support System to increase the ability of the school to meet the needs of all students in the general education environment. This policy will comply with the requirements of 16 V.S.A. §§ 2901, 2902 and 2904, and Rules 2194 and 2120.8.1.3.1 of the Vermont State Board of Education. Definitions 1. 2.
3.
General education environment means school and non-school environments used for educational purposes by students with and without disabilities such as regular classrooms, school libraries, learning centers and community job sites. Accommodations means those evaluation procedures, curricula, materials or programmatic adaptations, behavior management interventions and supplemental aids and services that are necessary for a student to benefit from his or her education or to participate in co-curricular activities. Supplementary aids and services means special assistance, materials, equipment and other supports that are provided in regular education classes or other education related settings to enable students to be educated in the general education environment.
Implementation Each school in the District shall develop a comprehensive system of education services to create an Educational Support System (ESS), designed and implemented in consultation with parents, to assist teachers in accommodating children in the regular classroom. The system shall consist of an Educational Support Team composed of staff from a variety of teaching and support service positions and shall incorporate a range of referral, support and remedial services as well as the means to determine the effectiveness of accommodations or services recommended by the Educational Support Team (EST). 1.
The ESS shall: A. Be integrated to the extent appropriate with the general education curriculum; B. Provide a range of support and remedial services, including instructional and behavioral interventions and accommodations; C. Be designed to provide students with needed accommodations and supplementary aids and services regardless of their eligibility for categorical programs; D. Assist all students in working toward attainment of the Vermont Framework or comparable standards; E. Provide clear procedures and methods for handling a student who disrupts a class, including provision of educational options, support services and consultation or training for staff where appropriate; F. Ensure collaboration with families, community supports and the system of health and human services; G. Collaborate, to the extent appropriate, with families and community health and human service agencies to assist educators in meeting the academic needs of all students. G7: Page 1 of 2
2.
The EST shall: A. B. C. D. E. F. G. H.
3.
Provide a procedure for timely referral for evaluation for special education or other categorical program eligibility when warranted; Be composed of staff from a variety of teaching and support services positions; Screen referrals of individual students to determine what classroom accommodations and supplementary aids and services have been tried,; Determine whether any additional accommodations, supplementary aids and services, or referral to other public or private agencies may appropriately meet a referred student's educational needs; Assist teachers in planning and providing supplementary aids and services and other accommodations to students in need of classroom supports or enrichment activities; Collaborate, to the extent appropriate, with families and community health and human services agencies to assist educators in meeting the academic needs of all students; Develop a means to determine the effectiveness of accommodations and supplementary aids and services provided through the ESS; and Maintain a written record of its actions.
The Principal or his or her designee shall: A. B. C. D. E. F.
Appoint the members of each school's Educational Support Team; Provide professional development and other resources needed to enable the Educational Support Team and other School District personnel to implement the Educational Support System; On an annual basis provide information regarding the existence, purpose and function of the Educational Support System to parents; Develop and maintain written administrative procedures in accordance with state Board regulations to implement this policy; Complete and submit reports required by the Commissioner of Education to comply with Vermont statutes and regulations; Provide to the school board(s) in the District or supervisory union including the SU board an annual report on the status of the ESS including the report to the Commissioner, information on the services and supports provided, the funding sources of the ESS, how the capacity of each ESS to meet its obligations has been addressed in school action plans, and the effectiveness of accommodations, supplementary aids and services provided through the ESS.
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 Act 230 of the 1990 Vermont Legislature Act 157 of the 1996 Vermont Legislature Act 117 of the 2000 Vermont Legislature 16 V.S.A. §§2901, 2902, 2904 (General policy, ESS and EST) 16 V.S.A. §§ 2961 et seq. (Special education funding) Vt. State Board of Education Manual of Rules & Practices, §§2120.8.1.3.1, 2194 Local Action Plans (G8) Professional Development (D2) G7: Page 2 of 2
CODE G8 LOCAL ACTION PLAN Policy In accordance with state law, it is the policy of the Rockingham School District to establish annually a local action plan, based on student achievement data that sets forth goals and associated resources needed to improve student performance. Implementation The School Board, after consultation with the Superintendent and the Principal, will approve a planning process and action plan designed to utilize resources effectively to support high level student learning. 1.
The School Board will designate participants to serve on the action planning team from recommendations made by the Superintendent, Principal, other Board members and feedback from educators and other community members. Participants will include teachers, School Board members, administrators, parents, other community members, and may involve students when appropriate;
2.
The plan will be developed using student performance data obtained from state and local assessments and other formal and informal information related to student performance such as, but not limited to, dropout, transfer and retention rates, course enrollment patterns, gender differences, student poverty, graduation rates, and access to technology;
3.
The School Board will approve the plan which will contain: a. specific goals and objectives for improved student learning; b. educational activities and strategies specifically designed to achieve these goals, including professional development for administrative and instructional staff as well as leadership development for School Board members; c. assessments of and efforts to maintain a safe, orderly, civil and positive learning environment free from harassment, hazing and bullying; d. time lines for expected results; e. recommendations for the financial support required to achieve the goals and objectives; and f. links to the multi-year goals and objectives of the school’s strategic plan.
4.
The Principal is responsible for implementing the action plan and will work collaboratively with the Superintendent to provide progress reports to the School Board;
5.
At least annually, the School Board will reconvene the action planning team to review the action plan, determine its effectiveness toward meeting the stated goals, and revise as necessary based upon updated student performance data and other locally developed evaluative criteria;
6.
The Principal, in collaboration with the Superintendent, will prepare a plan for Board approval to ensure that the community is informed annually about the school’s progress toward meeting the goals of the plan.
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The Superintendent will assure that the District’s policies on supervision and evaluation, student assessment, reporting, professional development, and other policies and procedures are aligned to support the accomplishment of action plan goals and objectives.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 1 V.S.A., § 312 (Open meetings) 16 V.S.A., § 165 (a)(1) (Public School Quality Standards) Vermont State Board of Education Rules §2120.1 Board Member Education (B1) Board Goal-Setting and Self-Evaluation (B2) Professional Development (D2) Evaluation and Supervision of Staff (D4) Budgeting (E2) Student Assessment (F22) Annual School Reports (H6)
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CODE G9 (Mandatory) GRADE ADVANCEMENT: RETENTION, PROMOTION & ACCELERATION OF STUDENTS Policy It is the policy of the Rockingham School District to assure all student are progressing in their educational program and have reached a standard of achievement necessary for satisfactory progress in the next grade. Special education students who are working under an Individual Education Plan are excluded from this policy and will be promoted or retained in accordance with their IEP. Background The Board believes that the primary goal of the education system is to educate all students. Since each child develops physically, mentally, emotionally, and socially at an individual rate, every student will not complete twelve grade levels of work at the same time. Some students will need more than twelve years, while others may need less. The Vermont Framework of Standards and Learning opportunities defines what students should know and be able to do at various stages of their school careers. Schools are responsible for adopting curricula that provide students with opportunities to master the standards. Promotion from grade to grade as well as retention and acceleration should be based on a student’s ability to meet the standards over time. Definitions 1. Acceleration is the advancement of a student by more than one grade beyond the current grade level. 2.
Promotion is the single grade step most students take from year to year.
3.
Retention allows a student to repeat all or part of a grade in order to more fully prepare for the work of the next grade.
Implementation Classroom educators are responsible for assessing student progress and recommending the promotion of students each year. Educators will assess academic readiness to advance to the next grade using a thorough evaluation process that will include but not be limited to standardized testing - those offered by the State as well as others chosen by the District - classroom-based testing, portfolios and teacher observation. The evaluation will also take into account social, emotional, physical and mental growth, past academic performance and behavior, motivation, attendance, and other pertinent circumstances. The Principal will develop rules to implement this policy that will specify a process for the consideration of retention or acceleration that will include the following characteristics: 1.
Will seek the involvement of parents/guardians in a highly collaborative working relationship.
2.
Focus the use of retention in the early primary grades at which time research indicates it is most effective. G9: Page 1 of 2
3.
Acceleration should be considered in rare cases after all enrichment opportunities have been thoroughly explored.
4.
Students will be retained or accelerated if it is expected that the action will be beneficial to the student socially, emotionally, academically and when there are not other ways to meet student's needs. When considering retention, such actions as remediation in class or out, tutoring in class or after school, mentoring, cooperative efforts with families, or summer school should be evaluated. Before considering acceleration, actions such as inclusion in a full or part-time gifted program, enrichment in the classroom, or other advanced courses through correspondence, distance learning, or through another institutions should be examined.
5.
Will outline steps and time frames that provide for a great deal of interaction with parents/guardians.
6.
The final decision will be made by the Principal after consultation with parents/guardians, classroom teacher and other professional staff.
7.
Parents may appeal a decision of the Principal to the Superintendent.
Date Warned: Date Adopted: Legal References: Cross Reference:
March 20, 2006 April 3, 2006 VT State Board of Education Manual of Rules & Practices: §2120.2.2 (b) Student Attendance (F25)
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CODE G10 SPECIAL EDUCATION Policy It is the policy of the Rockingham School District to meet the needs of students with disabilities as defined in federal and state law and regulations and to provide a free and appropriate public education (FAPE) to these students in the least restrictive environment that will allow all students to benefit educationally. Implementation The Superintendent and other appropriate administrators will develop specific procedures regarding the identification and education of students under the Individuals with Disabilities Education Act (IDEA) and applicable state law and state and federal regulations. The Superintendent or designee will assure that the individual education program team assembled to develop the individualized education plan for each disabled student is appropriately staffed and that all members are well educated about state and federal law. As directed under 16 V.S.A. §2959b, team members will be instructed to examine the range of options that will fulfill the requirements of the student’s IEP under state and federal law and to select options that are most cost effective for the District. In designing the educational plans for disabled students, the LEA representative will communicate to the IEP team the ability of the classroom staff to provide for the needs of the disabled student without negatively affecting the quality of education for all classroom students. The Superintendent will encourage the special education coordinator to consult with legal counsel when questions about compliance with the law arise in the performance of duties relative to serving special education students. Ongoing training in the law and best practices will be made available to special educators and other appropriate personnel. The Superintendent or designee will also assure that all personnel who help in the education of children with disabilities are appropriately trained to meet individual student needs. The Superintendent will encourage the establishment of strong communications with parents/guardians of students with disabilities (in addition to their participation on the IEP team) and will support them in their work with their children at home to complement the efforts of the school. The Superintendent will report annually to the Board and to the Commissioner of Education on special education program outcomes, changes in child count, the rates of increase or decrease of special education costs, the availability of special education staff and other pertinent information. This report will be based on a systemic analysis of the District’s special education program that will lead to ongoing improvements in outcomes. Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 20 U.S.C. §§1400 et seq. (IDEA) 34 C.F.R. Parts 300 and 303 16 V.S.A. §§2941 et seq. (Special Education) 16 V.S.A. §§2901 et seq. (Comprehensive System) VT State Board of Education Rules G 10: Page 1 of 1
CODE G11 (Mandatory)1
ACCEPTABLE USE OF ELECTRONIC RESOURCES & THE INTERNET Purpose The Rockingham School District uses electronic resources including the Internet to support and enrich the curriculum, to allow students to benefit from access to electronic information resources and opportunities for collaboration that are uniquely provided by certain electronic technologies, and to enhance staff professional development. This policy is intended to ensure compliance with the requirements of applicable federal and state laws that regulate the provision of access to the internet and other electronic resources by the School District. Definitions. As used in this policy, the following terms shall be defined in accord with federal and, where the context clearly allows, state law. 1) Child Pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where: a. The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; b. Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or c. Such visual depiction has been create, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.2 2) Harmful to minors means any picture, image, graphic image file or other visual depiction that: a. Taken as a whole, with respect to minors, appeals to a prurient interest in nudity, sex or excretion; 1
The federal No Child Left Behind Act (NCLBA) makes schools ineligible to receive funding for the purchase of computers used to access the internet, or to pay costs associated with accessing the internet, through the technology grants program “…unless the school, school board, local educational agency, or other authority with responsibility for administration of (the) school both…has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are…obscene; child pornography; or harmful to minors; and is enforcing the operation of such computers by minors; and has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are…obscene or child pornography and is enforcing…such measure during use of any such computers…” 20 U.S.C. § 6777; 47 U.S.C. § 254(h)(5)(A) & (B). Prior to adoption, the school must “provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.” 47 U.S.C. § 254(l)(1)(B). 2 18 U.S.C. § 2256. See, 13 V.S.A. § 2801(6) for the state definition of this term. Federal law requires the use of the federal definition in this policy.
3) 4) 5) 6)
b. Depicts, describes or represents in a patently offensive say with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and c. Taken as a whole lacks serious literary, artistic, political or scientific value as to minors.3 Technology protection measure means a specific technology that blocks or filters Internet access to visual depictions that are obscene, child pornography or harmful to minors.4 Minor means an individual who has not attained the age of 18.5 Computer means any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer or a local or wide-area network.6 Access to Internet means a computer that is equipped with a modem or is connected to a computer network that has access to the Internet or any device that is used to connect to the Internet.7
Policy Access to School District electronic resources including the Internet will be available to students and staff who agree to abide by the requirements of this policy. User agreements, except as otherwise described in this policy, will be required prior to allowing any individual unsupervised access to School District electronic resources. The availability of access to electronic information does not imply endorsement by the School District of the content, nor does the School District guarantee the accuracy of information received. The School District shall not be responsible for any information that may be lost, damaged or unavailable when using the network or for the content of any information that is retrieved via the internet. The use by students, staff or others of School District electronic resources is a privilege, not a right. The School District’s computer and network resources are the property of the School District. Users shall have no expectation of privacy in anything they create, store, send, receive or display on or over the School District’s computers or network resources, including personal files. The School District reserves the right to monitor, track, and log network access and use; monitor fileserver space utilization by School District users; or deny access to prevent unauthorized, inappropriate or illegal activity and may revoke access privileges and/or administer appropriate disciplinary action for misuse of its electronic resources. The School District shall cooperate to the extent legally required with local, state and federal officials in any investigation concerning or related to the misuse of the School District’s Internet, computers or 3
Federal law defines “minor” as a person who has not yet attained the age of 17. 20 U.S.C. § 6777; 47 U.S.C. § 254. Vermont’s anti-obscenity law defines the term “minor” as “any person less than 18 years old.” 13 V.S.A. § 2801(1). The Vermont definition is used in this model policy as it includes the federal requirement and also provides coverage for students until they reach the age of 18. 4 47 U.S.C. § 254 5 See footnote 3 above. 6 20 U.S.C. § 6777(e)(1) 7 20 U.S.C. § 6777(e)(2)
network. The School District shall work to ensure Internet safety for minors by taking steps that include monitoring the online activities of minors and the operation of technology protection measures with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography or harmful to minors.8 The following materials and activities, in addition to those stated in law and defined in this policy, are inappropriate for access by minors: • • • • • • •
Defamatory Lewd, vulgar, or profane Threatening Harassing or discriminatory Bullying Advocating acts of terrorism Gaming (gambling)
The School District shall operate technology protection measures during the use of any of its computers with Internet access, including those computers not accessible to minors, that protect against access through such computers to material inappropriate for minors, including but not limited to, visual depictions that are obscene or child pornography.9 Administrative Responsibilities The Superintendent or his or her designee shall coordinate and oversee the use of School District electronic resources including the Internet, and will develop procedures necessary to implement this policy. In addition, the Superintendent or his or her designee shall ensure that the School District, as part of its implementation of this policy, is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.10 Administrative procedures developed under this policy shall include provisions necessary to ensure that Internet service providers and other contractors comply with applicable restrictions on the collection and disclosure of student data and any other confidential information stored in School District electronic resources. In addition, the administrative procedures developed under this policy shall include Internet safety measures that provide for the monitoring of online activities by minors11 and address the following: 1. Control of access by minors to inappropriate matter on the Internet and World Wide Web.
8
47 U.S.C. § 254(h)(B) 20 U.S.C. § 6777(a)(2)(A); 47 U.S.C. § 254 10 Required by 47 U.S.C. § 254(h)(5)(B) 11 Required by 47 U.S,C. § 254(h); 47 C.F.R. § 54.520(C)(i) 9
2. Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications. 3. Prevention of unauthorized online access by minors, including “hacking” and other unlawful activities. 4. Unauthorized disclosure, use, dissemination of personal information regarding minors. 5. Restriction of minors’ access to materials harmful to them.12 The administrative procedures developed under this policy shall also provide that authorized individuals may temporarily disable the School District’s technology protection measures to enable access for bona fide research or other lawful purpose.13 The Superintendent or his or her designee shall conduct an annual analysis of the implementation of this policy, and shall make recommendations to the Board as needed to ensure that the School District’s approach to Internet safety is effective. User Responsibilities During school hours, users may access electronic resources including the Internet for school related purposes only. The term "school related purpose" includes use of the system for classroom activities, which may involve e-mail communication, career development, and curriculum driven research. It also includes use of the system for other school activities such as sports, other co-curricular activities and school sponsored fund raising activities. The School District will not provide e-mail access for students but may provide email access for staff. Students and staff may use real-time electronic communication, such as chat or instant messaging only for specifically organized educational activities. Students will not post personal contact information about themselves or other people and agree to follow communication safety requirements outlined in administrative procedures when using electronic communications including the Internet. All users of School District electronic resources are expected to act in a responsible, ethical and legal manner. Specifically, the following uses are prohibited:14 1. Using disparaging, abusive, profane or other inappropriate language. 2. Sending e-mail or other electronic communications which hides the identity of the sender or represents the sender as someone else. 3. Using the system in a way that disrupts its use by others (e.g., excessive resource usage, sending or receiving many large files, sending e-mail messages to thousands of users, excessive video or music streaming, etc.)
12
Required by 47 U.S.C. § 254(1); 47 C.F.R. § 54.520(c)(ii) Required by 20 U.S.C. § 6777(c) 14 This list of prohibited uses is not specifically required by federal or state law. It is suggestive, and can be modified by boards that adopt acceptable use policies. 13
4. Any use that is illegal or which violates Board policies, procedures or school rules, including harassing, discriminatory or threatening communications and behavior; violations of copyright laws, violations of confidentiality, etc. 5. Any use involving materials which are obscene, pornographic, sexually explicit or sexually suggestive. 6. Any inappropriate communications with students or minors. 7. Any use for private financial gain, or commercial, advertising, solicitation purposes. 8. Any use as a forum for communicating by email or any other medium with other School District users or outside parties to solicit, proselytize, advocate or communicate the views of an individual or non-school sponsored organization; or to raise funds for any nonschool sponsored purpose, whether profit or non-profit. 9. Any communication that represents an employee’s personal views as those of the School District or that could be misinterpreted as such. 10. Use of instant messaging software other than that provided within the School District email system. 11. Downloading or loading software applications without permission from a network administrator. Unauthorized copying of software is illegal and may subject the copier to substantial civil and criminal penalties. The School District assumes no responsibility for illegal software copying by users. 12. Any malicious use or disruption of the School District’s computers, networks, and Internet services; any breach of security features; or misuse of computer passwords or accounts (whether those of the user or of others). 13. Any attempt to access unauthorized sites, or any attempt to disable or circumvent the School District’s filtering/blocking technology. 14. Any attempt to delete, erase, or otherwise conceal any information stored on School District computer resources that violates these rules or other Board policies.
Students and staff may access the School District’s electronic resources for limited personal use. Limited personal use of the School District’s electronic resources including the Internet shall be allowed if permission is granted by the superintendent or his or her designee in advance, and the use: o
imposes no tangible cost to the School District;
o
does not unduly burden the School District’s electronic resources;
o
occurs during non-instructional time and does not impede other student or staff access for educational purposes;
o
does not impact work productivity of the staff member him/herself or that of others; and,
o
does not violate this policy.15
Parental Notification and Responsibility The school will provide written annual notice to parents/guardians about student use of School District electronic resources including the Internet, the policies and procedures governing their use, and the limitation of liability of the School District. Parents/guardians must sign an agreement to allow their child(ren) to access School District electronic resources including the Internet and return this agreement to the school before access will be granted. Students18 years of age or older must sign their own agreement. A signed user agreement will not be required when students are using school computers for research as part of a course requirement and the use is supervised by a responsible adult.16 Limitation/Disclaimer of Liability The School District is not liable for unacceptable use or violations of copyright restrictions or other laws, user mistakes or negligence, and costs incurred by users. The School District is not responsible for ensuring the accuracy, age appropriateness, or usability of any information found on the School District’s electronic resources network including the Internet. The School District is not responsible for any damage experienced, including, but not limited to, loss of data or interruptions of service. The School District is not responsible for the accuracy or quality of information obtained through or stored on the electronic resources system including the Internet, or for financial obligations arising through their unauthorized use. Enforcement In the event there is an allegation that a user has violated this policy, a student will be provided with notice and opportunity to be heard in the manner set forth in the student disciplinary policy. Allegations of staff member violations of this policy will be processed in accord with contractual agreements and legal requirements. The School District will cooperate fully with local, state, or federal officials in any investigation concerning or relating to illegal activities conducted through the use of the School District’s electronic resources including the Internet.17
15
This section on Limited Personal Use is not a required component of this policy, and is therefore an option for consideration by boards adopting acceptable use policies. 16 As an alternative to requiring signed user agreements, a School District could provide clear notice that it will allow access to its electronic resources unless notified in writing by parents that they do not consent to such use by their children. 171717 See 13 V.S.A. §§ 2802b and 1027 for examples of criminal activities involving electronic resources.
Date Warned: December 7, 2012 Date Adopted: December 17, 2012 Legal Reference(s): 17 U.S.C. §§101-120 (Federal Copyright Act of 1976 as amended) 20 U.S.C. § 6777 et seq. (Enhancing Education Through Technology Act) 18 U.S.C. §2251 (Federal Child Pornography Law—Sexual Exploitation and Other Abuse of Children) 47 U.S.C. §254 (Children’s Internet Protection Act) 47 CFR §54.520 (CIPA Certifications) 13 V.S.A. §§2802 et seq. (Obscenity, minors) 13 V.S.A. § 1027 (Disturbing Peace by Use of…Electronic Means) 13 V.S.A. §2605(Voyeurism) Cross Reference:
Student Conduct and Discipline (F1) Copyrights (G2) Selection of Instructional Materials (G5) Complaints About Instructional Materials (G6)
Code G12 ANIMALS ON SCHOOL DISTRICT PROPERTY
Policy It is the policy of the Rockingham School District, that no animals are permitted in the school building without the consent of the principal or his/her designee.
Date warned: Date adopted:
December 11, 2009 December 21, 2009 G12: Page 1 of 1
Animal Dissection
Code G13 Mandatory
Policy It is the intent of the Rockingham School District to comply with the requirements of Act 154 of 2008 regarding the right of students to be excused from participating in or observing activities involving the dissection or vivisection of animals. Students enrolled in District schools shall have the right to be excused from participating in any lesion, exercise or assessment requiring the student to dissect, vivisect or otherwise harm or destroy an animal or any part of an animal, or to observe any of these activities, as part of a course of instruction.² Definition As used in this policy, the word “animal” means any organism of the kingdom animalia and includes an animal’s cadaver or the severed parts of an animal’s cadaver.³ Alternative Education Method A student who is excused under this policy shall be provided with alternative methods through which he or she can learn and be assessed on material required by the course. The alternative methods shall be developed by the teacher of the course, in consultation with the principal if necessary.4 Discrimination No student shall be discriminated against based on his or her decision to exercise the right to be excused afforded by this policy.5 Procedures The (Superintendent/Principal) shall develop and implement procedures to ensure compliance with the provisions of Act 154 of 2008.6 The procedures shall include provisions for the timely notification to each student enrolled in the course and to the student’s parent or guardian of the student’s right to be excused from participating in or observing the lesson and the process by which a student may exercise this right.7 ¹See Act 154 of 2008, Sections 4 and 5. An animal dissection policy is required of all public and approved independent schools regardless of whether the school’s curriculum includes lessons or activities involving animal dissection. Section 5 of Act 154 states: “On or before August 15, 2008, each school district and approved independent school shall develop and implement procedures pursuant to 16 V.S.A. §912(b)…which shall be adopted as policy within the district or approved independent school no later than November 1, 2008.” ²16 V.S.A. §912. ³16 V.S.A. §912 (c) 4 This provision is a required component of the policy on this subject adopted by the school board. See 16 V.S.A. §912 (b) (2). Page 1 of 2
5 This provision is a required component of the policy on this subject adopted by the school board. See 16 V.S.A. §912 (b) (3) 6 See Section 4 of Act 154 of 2008; 16 V.S.A. §912 (b) requiring procedures that provide “timely notification” to students and parents; processes for student to exercise this right. 7 16 V.S.A. (b) (1). The law does not provide a definition of “timely notice”. Nor does the law require that the processes for students to follow when choosing to opt out of activities covered by the law have specific components. It is likely that annual notice to parents and students through handbooks or course syllabi will be sufficient to comply with the timely notice requirement. The notice should indicate approximately when dissection activities (if any) may take place in specific courses. Processes for students to use to opt out of activities covered by this policy should indicate how and when student must notify the course teacher of his or her intention to be excused from an activity.
Date Warned: Date Adopted:
December 19, 2008 January 12, 2009
Legal Reference:
Act 154 of 2007-2008 Adjourned Session 16 V.S.A. §912
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CODE G14 POLICY: Title I Comparability Policy ¹ If a school in the Rockingham School District becomes eligible to receive Title I funds, the school district shall provide comparable services, staffing levels, curriculum materials and instructional supplies for Title I eligible schools. The district shall use local and state funds to ensure equivalence among schools in staffing and the provision of curricular materials and instructional supplies. Students in all schools shall be eligible for comparable programs and supplemental supports. The district shall utilize district-wide salary schedules for professional and non-professional staff. The superintendent or his or her designee shall develop procedures for compliance with this policy and shall maintain records that are updated biennially documenting the district’s compliance with this policy.²
Date Warned: Date Adopted: Legal Reference:
March 2006 April 2006 20 USCA §6321 1 (c)
_______________________ ¹ This policy is required of school districts that operate Title 1 schools. Comparability required that LEA’s document that the services provided with state and local funds in Title 1 schools are comparable to those provided in non-Title 1 schools in the LEA. If an LEA serves all of the schools in its district with Title 1 funds, the LEA must use state and local funds to provide services that, taken as a whole, are “at least comparable” in each participating school. The comparability requirements do not apply to an LEA that does not have more than one building for each grade span. ²Required by 20 U.S.C. §6321 © (3).
CODE H1 SCHOOL-COMMUNITY RELATIONS Policy It is the policy of the Rockingham School District to encourage the involvement of the community in its schools. Implementation An effective community outreach program is a necessary component of a school system's organization and operation. Therefore, the Board will provide the means necessary to develop and implement such a program. The school system's community outreach program should: 1.
create a planned, systematic, two-way communications process between the Board and the school community;
2.
encourage a better understanding of the objectives, accomplishments and needs of the school system within the community;
3.
create opportunities for school involvement through volunteerism, business/organizational partnerships, sponsorships, internships and other joint projects;
4.
use a variety of media including but not limited to meetings, letters and e-mail, circulars, web sites, seminars, publications, communications media, and personal contacts;
5.
provide the channels necessary for resolving grievances and eliminating misunderstandings;
6.
inform concerned persons as to their rights, privileges and responsibilities.
The Board delegates to the Principal the responsibility for developing a community relations program which conforms with the above principles.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §165 (School Quality Standards) Local Action Plan (G8) Parental Involvement (H2) Visits to Schools (H5) Annual School Reports (H6) H1: Page 1 of 1
CODE H2 PARENTAL INVOLVEMENT Policy It is the policy of the Rockingham School District to encourage and support the involvement of parents in their children’s education. Background Research has shown that parent involvement is a key factor in the academic and social success of students. The Board believes it is important that parents are involved in their child's education at home, in school, and within the larger community. New educational initiatives mandate or encourage the strengthening of the parent/school/community relationship. Implementation The Principal shall develop and implement programs and procedures to accomplish the following objectives: 1.
Parents should be informed about their children's educational programs, instructional methods and objectives, and notified directly of any significant changes.
2.
Parents should be provided with opportunities to become informed about program design, operation and evaluation, and to communicate with educators on these subjects.
3.
Parents should be encouraged to observe instructional activities, attend program meetings, discuss concerns with educators, participate in program evaluation and improvement efforts, and give recommendations to school staff, administration, and Board members.
4.
Parents should be provided with information and opportunities intended to improve their abilities to work with their children at home and in school, and to build partnerships between homes and schools.
6.
Professional and non-professional staff members, administrators, School Board members, and school-community partners should be provided with training opportunities intended to improve their abilities to build more effective relationships with parents.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A. §165 (School Quality Standards) Visits to Schools (H5) School Community Relations (H1) H2: Page 1 of 1
CODE H3 COMMUNITY USE OF SCHOOL FACILITIES Policy It is the policy of the Rockingham School District to support the community use of school facilities in ways that complement regular school activities. Implementation 1. School activities take precedence over all other uses of facilities. 2. Authorization to use school facilities does not imply endorsement or approval of any group or activity. 3. The Principal shall be responsible for establishing criteria for the use of school facilities by community members. Whenever community members use school facilities pursuant to this policy they shall comply with the accompanying procedures.
Date Warned: Date Adopted: Legal Reference(s):
March 20, 2006 April 3, 2006 Boy Scouts of America v. Dale, 530 U.S. 640, 120 S.Ct. 2446 (200) Boy Scouts of America v. Till, 2001 WL 315360 (S. D. Fla) 16 V.S.A. §563 (3), (5) (Powers of school boards)
Cross Reference:
H3: Page 1 of 1
CODE H4 PUBLIC SOLICITATIONS/ADVERTISING IN SCHOOLS Policy It is the policy of the Rockingham School District to discourage and restrict solicitation of students and staff on school premises for commercial or political purposes. Implementation 1. Permission to post bulletins announcing services to students or staff will be obtained from the Principal. 2.
Permission to distribute commercial or political materials will be obtained from the Principal.
3.
Fund-raising activities will require approval of the Principal.
4.
Sales or solicitation on the school premises require the approval of the Principal.
5.
Distribution of any informational materials not related directly to the instructional program of the school will require the Principal's approval.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference(s):
March 20, 2006 April 3, 2006
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CODE H5 VISITS BY PARENTS, COMMUNITY MEMBERS OR MEDIA INTERVIEWING, FILMING, VIDEOTAPING OR RECORDING Policy It is the policy of the Board to balance the need of the public and media to be informed about school programs and activities with the privacy interests of students and the responsibility of the school to operate with a minimum of disruption. Implementation The Principal or his or her designee may regulate visits to the school by parents, community members or news media subject to the following guidelines: 1.
2.
3.
Parental visits. In the absence of a court order denying unsupervised visitation rights to a parent, both custodial and non-custodial parents may schedule visits to their children's classes. Arrangements for classroom visits shall be made by contacting the Principal. The Principal will consult with the teacher involved, and may grant the request or suggest a more convenient time for a visit. Requests by parents to visit classes may be denied by the Principal when the visit would result in disruption to the learning process in the classroom. Visits by community members. Persons who are not parents of school children may obtain permission to visit the school while it is in session from the Principal or his or her designee. Requests to visit specific classrooms will be granted or denied after consultation with the teacher or teachers involved, and will be based on a consideration of the informational needs of the person making the request and the potential for disruption or invasion of the privacy of students. Visits by news media. Visits to the school by representatives of the news media or other persons seeking to interview, photograph, record, videotape or film students, staff members or school activities must be arranged after consultation with the Principal or his or her designee. Affected teachers will be consulted before permission for such activities in classrooms is granted. At the discretion of the administration, parents may be asked to sign general or specific permission slips to authorize interviewing, photographing, filming or videotaping of their children while at school or while participating in school activities. Written parental permission will be obtained before the release, photography or recording of any student record. Photographing, filming or recording of special education students will be allowed only after specific parental permission is obtained in writing.
All visitors to the school will be required to check in at the office when they enter the school building. The Principal or his or her designee will keep a log showing the names of visitors and the date, time and purpose of each visit.
Date Warned: Date Adopted: Legal Reference(s): Cross Reference:
March 20, 2006 April 3, 2006 20 U.S.C. §1232f-1232j (Federal Family Educational Rights and Privacy Act of 1974) 34 C.F.R. Part 99 15 V.S.A. §670 (Non-custodial parents) Student Records (F5) Parental Involvement (H2) H5: Page 1 of 1
CODE H6 ANNUAL SCHOOL REPORTS Policy It is the policy of the Rockingham School District to develop and use the annual school report to communicate with the public about the effectiveness of educational programs and about how resources are utilized to improve student achievement. The annual report is intended to be an accountability instrument and a communication tool for delivering factual information broadly throughout the community and to initiate formal and informal opportunities for community members to become involved with their local schools. Implementation The Superintendent will recommend for the Board’s approval a format and modes of distribution that are easily understandable and accessible to the general public. The Principal, in collaboration with the Superintendent, will work with other school personnel to prepare an annual school report of student performance. A distribution system for the annual report should take advantage of all modes of communication including but not limited to: 1. 2. 3. 4. 5. 6. 7.
School Report Night(s)/Day(s) Local School/Town Report(s) Internet/World Wide Web Site Media (daily/weekly newspaper or radio) School Newsletter(s) Presentation(s) to Community Organizations Cable TV
Under no circumstances will reporting of student assessment results reveal personally-identifiable information on individual students. The school report may include information about: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
progress toward achieving learning standards from the most recent measures taken; health and social well-being of children in the School District; progress toward meeting the goals of the annual action plan; other statistics about the school and community that will create a context for examining student performance; this may include community issues such as dropout, transfer, and retention rates, course enrollment patterns, gender differences, student poverty, and access to technology; early reading instruction provided under 16 V.S.A. 2903(c); early care and education opportunities available to children; community support available to families; a description of how the school ensures that each student receives appropriate career counseling and program information regarding availability of education and apprenticeship program offerings at technical centers; how student performance results are used to develop school programs; student attendance, including unexcused absences and student discipline; how the school budget supports the annual action plan goals and objectives, and other long-range plans; any additional information as appropriate. H6: Page 1 of 2
In addition, the school report for secondary schools may include: 1. 2.
data describing student participation in technical education, regional job opportunities and the number of graduates from the previous year who have entered post-secondary education, the military and the job market. drop out and graduation rates
Date Warned: Date Adopted: Legal Reference(s):
Cross Reference:
March 20, 2006 April 3, 2006 16 V.S.A., § 165 (Public School Quality Standards) 16 V.S.A., § 2903(c) (Early reading) Act 71 of 1998 Section 121a (Technical education) Act 138 of 1998 (Technical education) Vermont State Board of Education Rules §2120.3 Professional Development (D2) Educator Supervision and Evaluation: Probationary Teachers (D4) Fiscal Management and General Financial Accountability (E1) Budgeting (E2) Student Assessment (F22) Curriculum Development (G1) Local Action Plan (G8) School Community Relations (H1) Parental Involvement (H2)
H6: Page 2 of 2
