Employee Policies and Procedures Manual
Wilmington Public Schools Employee Policies and Procedures Manual 2014 / 2015 Wilmi ngton, Massachusetts 1 Wilmington Public Schools Central Administration Mary C. DeLai Superintendent of Schools Kathleen A. Burnham Assistant Superintendent – Curriculum and Staff Development Paul J. Ruggiero Director of Administration and Finance Mary Houde Special Education Administrator Neal M. Ellis O.I.T Director Wilmington School Committee Margaret A. Kane, Chairperson Virginia Bonish, Vice-Chairperson Julie Broussard, Secretary Stephen Bjork Mary Jane Byrnes Kathleen Carroll Manny Mulas Policy of Non-Discrimination It is the policy of the Wilmington Public Schools not to discriminate on the basis of race, gender, gender identity, color, religion, sexual orientation, national origin, age, or disability in its educational programs, services, activities, or employment practices. Inquiries regarding the application of the Wilmington Public Schools’ nondiscrimination policy may be referred to: Paul Ruggiero, Director of Administration and Finance. 2 Wilmington Public Schools Wilmington, Massachusetts Your Employee Handbook This Employee Handbook provides information you need to know about that includes policies, practices, and responsibilities that are a part of working for the Wilmington Public School System. Only the highlights of personnel information are presented; some details and exceptions have been omitted. As a result, this handbook is not a full and complete official statement of School Committee Policies. Further, it is not a contract for employment nor for providing any benefit. A full School Committee Policy book is available in each school office. Changes in schools occur constantly, and we often have to alter policies or procedures in order to keep pace. This handbook and the policies described within will be changed or additions will be made from time to time by the School Committee or administration. Any changes will be posted or distributed to you. Please become familiar with all of the policies and regulations described here. If there are points that are not clear to you, or if problems arise, please consult with your supervisor. We hope that this information will be helpful to you and that your employment with the Wilmington Public Schools will be rewarding and productive. Mary DeLai Superintendent of Schools 3 Please read and sign this form and the form on the next page; then pass the forms in to your building supervisor. Thank you. Wilmington Public Schools Wilmington, Massachusetts Policies and Procedures Signature List My signature below indicates that I have accessed the Wilmington Public Schools Employee Policies and Procedures Manual and that I have read the following: Selected School committee Policies 51 Mandated Reporting Title II (ADA Act of 1990), Title I (Act of 1990) Title IX (Educ. Amend. of 1972), Title VI (Civil Rights Act of 1964) MGL. Ch 76, Section 5, Section 504 (Rehab. Act of 1973) Performance Standards & Procedures, Physical Restraint Policy Internet/School Web Acceptable Use Policy, Drug-free workplace Ethics Reform Bill Anti-Bullying Policy ______________________________________________________________________________________ Name ______________________________________________________________________________________ Position ______________________________________________________________________________________ School Date 4 Wilmington Public Schools Wilmington, Massachusetts INTERNET/E-MAIL ACCEPTABLE USE POLICY USER AGREEMENT FORM (PERSONNEL POLICY # 4058) User Agreement for Participation in an Electronic Communications System This user agreement must be renewed each academic year. User’s name: _____________________________________________________ Grade Level: _____________________________________________________ School: _________________________________________________________ I have read the district’s Acceptable Use Policy and Administrative Procedures and agree to abide by their provisions. I understand that violation of these provisions may result in disciplinary action including but not limited to suspension or revocation of privileges, termination of employment, and criminal prosecution. Signature: ______________________________________________Date: _______________ Wilmington School Committee Adopted: September 13, 2000 Wilmington Public Schools Wilmington, Massachusetts 5 School Directory Administration Office (Roman House) Ms. Mary DeLai, Superintendent of Schools Dr. Kathleen A. Burnham, Assistant Superintendent – Curriculum & Staff Development Mr. Paul J. Ruggiero, Director of Administration & Finance 161 Church Street Wilmington, MA 01887 978-694-6000 Fax: 978-694-6005 Mary Houde Special Education Administrator Wildwood School 182 Wildwood Street Wilmington, MA 01887 978-694-6032 Fax: 978-694-6008 Boutwell School Ms. Lisa King, Interim Principal Mrs. Jennifer Mahon, Director 17 Boutwell Street Wilmington, MA 01887 978-694-6070 Fax: 978-694-6009 North Intermediate School Ms. Christine McMenimen, Principal 320 Salem Street Wilmington, MA 01887 978-694-6040 Fax: 978-694-6043 Shawsheen Elementary School Ms. Lisa King, Interim Principal Ms. Erin Burke, Interim Assistant Principal 298 Shawsheen Avenue Wilmington, MA 01887 978-694-6030 Fax: 978-694-6036 Mr. Neal Ellis O.I.T. Director West Intermediate School 22 Carter Lane Wilmington, MA 01887 978-694-6071 Fax: 978-694-6052 West Intermediate School Mr. Dennis Shaw, Principal 22 Carter Lane Wilmington, MA 01887 978-694-6050 Fax: 978-694-6052 Ms. Jean Noonan CARES Coordinator North Intermediate School 320 Salem Street Wilmington, MA 01887 978-694-6000 Wildwood School Mr. Jeffrey Strasnick, Principal Ms. Charlotte Phillips, Director 182 Wildwood Street Wilmington, MA 01887 978-694-6010 Fax: 978-694-6008 Ms. Mary Palen Director of School Food Service Wilmington High School 159 Church Street Wilmington, MA 01887 978-694-6064 Fax: 978-694-6059 Wilmington High School Ms. Linda Peters, Principal Mr. Dennis Mahoney, First Assistant Principal Mr. Christopher Phillips, Second Assistant Principal 159 Church Street Wilmington, MA 01887 978-694-6060 Fax: 978-694-6074 Department Chairperson Ms. Doreen Crowe, R.N., Nurse Leader Health Services Wilmington High School 978-6694-6060x347 Curriculum Team Leaders Mr. Carlos-Luis Brown, World Languages Mr. Mark Staffier, Social Studies Ms. Leeanne Ebert, Special Education Ms. Susan MacDonald, ELL Wilmington High School, 978-694-6060 Ms. Marie Cahalane, Guidance, 978-694-6068 Coordinators Paul Monaco, STEM Education Kathi Macklis, ELA/Reading & Literacy K-12 Wilmington High School, 978-694-6060 Liaisons Wilmington Middle School Mr. Ralph Olsen, Interim Principal Mr. Terence Sheehan, Assistant Principal Mr. Daniel O’Brien, Assistant Principal 25 Carter Lane Wilmington, MA 01887 978-694-6080 Fax: 978-694-6085 Woburn Street School Mr. Jeffrey Strasnick, Principal Mr. Frank Ferriero, Assistant Principal 227 Woburn Street Wilmington, MA 01887 978-694-6020 Fax: 978-694-6014 Ms. Laura Stinson, Physical Education & Health, 978-694-6020 Ms. Jennifer Fidler, Visual Arts, 978-694-6060 Ms. Barbara Mette & Mr. Jason Luciana, Performing Arts, 978-694-6060 Specialists Ms. LisaMarie Ippolito, Elementary Mathematics Specialist, West Intermediate School, 978-694-6050 Ms. Jennifer White, District Data and Assessment Specialist, Wilmington High School, 978 694-694-6060 6 WILMINGTON PUBLIC SCHOOLS WILMINGTON, MASSACHUSETTS SCHOOL CALENDAR 2014-2015 M 25t T W AUGUST 26s 27 TH F 28 X H 8 15 22 29 SEPTEMBER 2K 3 4 9 10 11 16 17 18 23 24 25 30 6 H 20 27 OCTOBER 1 7 8 14 15 21 22 28 29 2 9 16 23 30 5 12 19 26c 3 10 17 24 31 M T 2 9 H 23ns FEBRUARY 3 4 10 11 X X 24 25 2 9 16 23 30 MARCH 3 4 10 11 17 18 24 25 31 XX H 18 25 5 12 19 26* 1 8 15 22 X DECEMBER 2 3*** 9 10 16 17 23 X X X (21) (22) 6 13 20 27 Total Pupil Days Days in Reserve 7 14 21 28 F 5*** 12 X 26 6 13hd X 27 5 12 19** 26 6 13c 20 27 2 9 16 X 30 X 10 17 X (15) (22) APRIL 6 13 20HS H 7 14 21 H 4** 11 18 H 5 12 19 X 6 13 H 27 (16) 7 14 X 28 1 8 15 X 29 (16) MAY (17) 4 11 18 H 5 12 19 26 1 8 15 JUNE 2 3 9 10 16 17 JANUARY 5 12 H 26 TH (3) NOVEMBER 3 10 17 24 W H 8 15 22 29 X 9 16 23p 30c 180 5 185 Approved by Wilmington School Committee: 5/14/2014 (19) () t s * H X c ** *** XX K HS L* L** 7 ns hd p 6 13 20 27 7 14 21 28 1 8 15c 22 29p 4 11 18 L* 5 12 (15) L** 19 (20) Number of School Days Teachers on Duty First Day for Students Grades 1-12 Early Dismissal Holiday – schools and offices closed Schools closed Curr. Improvement Time – Early Dismissal Early Childhood/Elementary Parent Conferences – Early Dismissal Middle School Parent Conferences – Early Dismissal No school for students: Teacher Prof. Development Day Kindergarten Start Date High School Parent Conferences (Evening) Last Day of School Grades K-8-Early Dismissal Last Day of School Grades 9-11- Early Dismissal No School Grades 9-12 Only Half Day for Grades 9-12 Only Preschool Parent Conferences School Hours 2014 / 2015 School Boutwell Wildwood Shawsheen Woburn Street North Intermediate West Intermediate Middle High Hours 8:00 - 1:15 8:50 - 2:05 8:55 - 3:00 8:20 - 2:25 8:20 - 2:25 8:55 - 3:00 7:20 - 1:40 7:40 - 2:05 Time 5 hrs. 15 min. 5 hrs. 15 min. 6 hrs. 5 min. 6 hrs. 5 min. 6 hrs. 5 min. 6 hrs. 5 min. 6 hrs. 15 min. 6 hrs. 25 min. PreSchool Classes, Monday thru Thursday, no classes on Friday Boutwell PreSchool Wildwood PreSchool 8:00 - 10:30 8:30 - 11:00 8 11:05 - 1:35 11:35 - 2:05 Wilmington School Committee Superintendent Executive of Schools Assistant Technology Coordinator Director of Administration & Finance Administrative Assistant Assistant Superintendent for Curriculum & Staff Development 3 Technicians Executive Secretary STEM Coordinator Payroll Administrator for Special Education District Specialists ELA/Reading Coordinator District Data Specialist Clerical Staff Accounts Payable School Food Services Extended Day Programs Transportation Services Curriculum Leaders: (6-12) Math/SS/FL Guid. / Special Ed. Dept. Liaisons: (K-12) Art/Music/PE&Health Elementary Leader: (K-5) ELA / Mathematics Specialist Staff: Art, Music, PE/Health, Reading Guidance, Librarians, Business Technology, Special Education, Psychologists, Sp. & Lang. Study Skills, Pre-School High School Principal Middle School Principal Assistant Principals Curriculum Leaders Curriculum Leaders Classroom Teachers Classroom Teachers Specialist Staff Specialist Staff Educational Assistants Educational Assistants Clerical Staff Clerical Staff High School Athletics Elementary Principals Assistant Principals Dept. Liaisons Team Chairperson Assistant Principal Dept. Liaisons K-5 Curriculum Leaders Head Teachers Classroom Teachers Specialist Staff Nurse Leader Educational Assistants Clerical Staff School Nurses School Nurses Note: Nurse Leader reports to Superintendent of Schools School Nurses , Approved by School Committee May 23, 2012 File CCA 9 SCHOOL COMMITTEE POLICY MANUAL WILMINGTON PUBLIC SCHOOLS WILMINGTON, MASSACHUSETTS, 01887 This section of the Employee Handbook contains official policies of the Wilmington School Committee that pertain to staff. The complete manual is located in your principal’s office. Policy development in a modern, forward-looking school system is a dynamic, ongoing process. New problems, issues, and needs give rise to the continuing need to develop new policies or to revise existing ones. This is why the committee employs the loose-leaf format for this manual. It is easy to keep up to date. The school department operates according to policies established by the school committee. committee then appraises the effects of its policies and makes revisions as necessary. The In the interests of harmony, efficiency, uniformity of interpretation, coordination of effort, and in fairness to all concerned, the Committee makes this manual available to all who are affected by its policies. About Policies and Regulations Generally, the role of a School Committee is to set policy and the role of the administration is to implement it through regulations. Written policies are the chief means by which a School Committee governs the schools, and regulations are one of the means by which the committee's policies are implemented. The following definitions provide a distinction between these two types of statements: POLICIES are principles adopted by the School Committee to chart a course of action. They are broad enough to indicate a line of action to be taken by the administration in meeting a number of day-to-day problems, while being narrow enough to give the administration clear guidance. REGULATIONS are detailed directions, usually developed by the administration, to put policy into practice. 10 Table of Contents of Policies: File: Nondiscrimination Nondiscrimination on the Basis of Sex Sexual Harassment Staff Conduct with Students Nondiscrimination on the Basis of Handicap Smoking on School Premises C.O.R.I. Requirements Wellness Program Equal Employment Opportunity School Committee – Staff Communication Staff Ethics / Conflict of Interest Staff Conduct Gifts to and Solicitations by Staff Drug-free Workplace Staff Personal Security and Safety Personnel Records Staff Complaints and Grievances Evaluation of Professional Staff Evaluation of Teachers and Administrators Resignations of Professional Staff Members Suspension and Dismissal of Professional Staff Tutoring for Pay Instructional Goals Academic Freedom Organization of Instruction Curriculum Development Parent Notification Relative to Sex Education Health Education (exception procedures) Teaching about Drugs, Alcohol and Tobacco Textbook Selection and Adoption Supplementary Materials Special Interest Materials Selection Access to Electronic Media Acceptable Use Policy Internet use Policy School and District Web Pages Field Trips Student Progress Reports Homework AC ACA ACAB ACAC ACE ADC ADDA ADF GBA GBD GBEA GBEB GBEBC GBEC GBGB GBJ GBK GCO GCO-R-2 GCQD GCQF GCRD IA IB IE IGA IHAM-1 IHAM-R IHAMA IJJ IJK IJM IJND IJNDB IJNDB-E-1 IJNDC IJOA IKAB IKB -11- Teaching about Controversial Issues School Ceremonies and Observances Student Policies Goals Prohibition of Hazing Hazing Anti-Bullying Student Use of Electronic Devices Appropriate Use of Personal Electronic Devices Student Complaints and Grievances Student Activity Accounts Student Travel Athletic Concussion Regulations Physical Restraint of Students Student Welfare Life-Threatening Food and Other Allergy Automatic External Defibrillators (AED’s) Student Gifts and Solicitations Student Records Public Complaints Public Complaints about School Personnel Public Complaints about the Curriculum Distribution of Notices Student Teaching and Internships IMB IMD JA JICFA JICFA-E JICFB JICJA JII JJF JJH JJIF-R JKAA JL JLCE JLCEA JP JRA KE KEB KEC KHC LDA Appendix I: Guidelines for Fund-raisers in the Wilmington Public Schools Appendix II: Ethics Reform Appendix III: Educator Evaluation Appendix IV:IDEA Appendix V: 51A Reporting -12- File: AC NONDISCRIMINATION Public schools have the responsibility to overcome, insofar as possible, any barriers that prevent children from achieving their potential. The public school system will do its part. This commitment to the community is affirmed by the following statements that the School Committee intends to: 1. Promote the rights and responsibilities of all individuals as set forth in the State and Federal Constitutions, pertinent legislation, and applicable judicial interpretations. 2. Encourage positive experiences in human values for children, youth and adults, all of whom have differing personal and family characteristics and who come from various socioeconomic, racial and ethnic groups. 3. Work toward a more integrated society and to enlist the support of individuals as well as groups and agencies, both private and governmental, in such an effort. 4. Use all appropriate communication and action techniques to air and reduce the grievances of individuals and groups. 5. Carefully consider in all the decisions made within the school system the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society. 6. Initiate a process of reviewing policies and practices of the school system in order to achieve to the greatest extent possible the objectives of this statement. The Committee's policy of nondiscrimination will extend to students, staff, the general public, and individuals with whom it does business. No person shall be excluded from or discriminated against in admission to a public school of any town or in obtaining the advantages, privileges, and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin, sexual orientation or disability. If someone has a complaint or feels that they have been discriminated against because of their race, color, sex, gender identity, religion, national origin, sexual orientation or disability, their complaint should be registered with the Title IX compliance officer. File: ACA NONDISCRIMINATION ON THE BASIS OF SEX The School Committee, in accordance with Title IX of the Education Amendments of 1972, declares that the school system does not and will not discriminate on the basis of sex or gender identity in the educational programs and activities of the public schools. This policy will extend not only to students with regard to educational opportunities, but also to employees with regard to employment opportunities. The School Committee will continue to ensure fair and equitable educational and employment opportunities, without regard to sex or gender identity, to all of its students and employees. The Committee will designate an individual to act as the school system's Title IX compliance officer. All students and employees will be notified of the name and office address and telephone number of the compliance officer. -13- File: ACAB SEXUAL HARASSMENT All persons associated with the Wilmington Public Schools including, but not necessarily limited to, the Committee, the administration, staff, and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment. Any person who engages in sexual harassment while acting, as a member of the school community, will be in violation of this policy. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating in an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated. Because the Wilmington School Committee takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate. Please note that while this policy sets forth our goals of promoting a workplace and school environment that is free of sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace or school conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment. Definition of Sexual Harassment: Unwelcome sexual advances; requests for sexual favors; or other verbal or physical conduct of a sexual nature may constitute sexual harassment where: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or educational development. 2. Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual. 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance, or creating an intimidating, hostile, or offensive working or educational environment. The Grievance Officer: Kathleen A. Burnham, Assistant Superintendent – Curriculum & Staff Development, 161 Church Street, 978-694-6000 The committee will annually appoint a sexual harassment grievance officer who will be vested with the authority and responsibility of processing all sexual harassment complaints in accordance with the procedure set out below: Complaint Procedure: 1. Any member of the school community who believes that he/she has been subjected to sexual harassment will report the incident (s) to the grievance officer. All complaints shall be investigated promptly and resolved as soon as possible. 2. The grievance officer will attempt to resolve the problem in an informal manner through the following process: a. The grievance officer will confer with the charging party in order to obtain a clear understanding of that party’s statement of the facts, and may interview any witnesses. -14- b. The grievance officer will then attempt to meet with the charged party in order to obtain his/her response to the complaint. c. The grievance officer will hold as many meetings with the parties as is necessary to establish the facts. d. On the basis of the grievance officer’s perception of the situation he/she may: Attempt to resolve the matter informally through reconciliation. Report the incident and transfer the record to the Superintendent or his/her designee, and so notify the parties by certified mail. 3. After reviewing the record made by the grievance officer, the Superintendent or designee [Paul J. Ruggiero, Director of Administration and Finance, 161 Church Street, (978-694-6000)] may attempt to gather any more evidence necessary to decide the case, and thereafter impose any sanctions deemed appropriate, including a recommendation to the committee for termination or expulsion. At this stage of the proceedings the parties may present witnesses and other evidence, and may also be represented. The parties, to the extent permissible by law, shall be informed of the disposition of the complaint. All matters involving sexual harassment complaints will remain confidential to the extent possible. If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct. 4. The grievance officer, upon request, will provide the charging party with government agencies that handle sexual harassment matters. File: ACAC STAFF CONDUCT WITH STUDENTS PHYSICAL CONTACT BETWEEN EMPLOYEES AND STUDENTS AT SCHOOL AND DURING SCHOOL SPONSORED FUNCTIONS Introduction: The purpose of this policy statement is to provide all employees with guidance and direction with respect to physical contact between employees and students at school and during school sponsored functions. It is an area of educational policy, judgment, and law which is fraught with uncertainties and changing standards. What constitutes appropriate physical contact in one circumstance may be totally inappropriate in another. At the outset, the decision of whether or not to touch a student must be made by the employee involved. Once it occurs, its appropriateness will depend on a variety of factors, not the least of which will be the student’s reaction and responses of other adults. The School Committee believes that its employees individually and collectively possess the wisdom and expertise necessary to conduct themselves in a manner which is educationally sound and acceptable both within the professional community and the community at large. General Principles: 1. All physical contact between employees and students should have a valid educational purpose and objective, meeting the student’s (not the staff member’s) needs. 2. The use of physical contact or force in order to impose the staff member’s will upon a student, except -15- in an emergency situation, is strictly prohibited. 3. Employees who observe physical contact between students and employees which they deem to be inappropriate are expected to report said observations to the building principal and/or the Superintendent of Schools as soon as possible. If the contact is perceived to be immediately harmful by the observer, prompt intervention to prevent further harm is expected. 4. Questions of the appropriateness of physical contact are to be determined by the context of the contact on a case-by-case basis. Issues such as intent, context, location, circumstances, age, and sex are all considerations which may be relevant. Examples: Having a first grade child sit on one’s lap during a group picture taking session may be perfectly appropriate while regularly having fifth grade students of either sex sit on one’s lap during a movie is not appropriate. Holding or comforting a first grader who has fallen and is crying may be appropriate whereas placing a hand on a child’s head to redirect his attention to the front of the room is not. 5. Touching students under clothing, in the genital areas, or on the buttocks, or breasts, except in an emergency situation, is prohibited. 6. Whether or not an emergency situation exists depends upon an objective rather than a subjective standard. 7. Instances of inappropriate physical contact initiated, encouraged, practiced and/or tolerated by employees, in even a single instance, may result in disciplinary action which may include dismissal. Summary Given the complexity of this issue, the School Committee recognizes that some employees may deal with it by implementing a practice of never touching students. That is not the School Committee’s intent or objective. It is expected that any physical contact between an employee and a student will have a legitimate purpose consistent with the schools’ role as educator and caretaker of minor children. File: ACE NONDISCRIMINATION ON THE BASIS OF HANDICAP Title II of the Americans With Disabilities Act of 1992 requires that no qualified individual with a disability shall, because the District's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, and activities of the District or be subject to discrimination. Nor shall the District exclude or otherwise deny services, programs, or activities to an individual because of the known disability of a person with whom the individual is known to have a relationship or association. Definition: A "qualified individual with a disability" is an individual with a disability who, with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the District. Reasonable Modification: The District shall make reasonable modification in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the District can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. -16- Communications: The District shall take the appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. To this end, the District shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy benefits of, a service, program, or activity conducted by the District. In determining what type of auxiliary aid or service is necessary, the District shall give primary consideration to the requests of the individuals with disabilities. Auxiliary Aids and Services: "Auxiliary aids and services" includes (1) qualified interpreters, note takers, transcription services, written materials, assisted listening systems, and other effective methods for making aurally delivered materials available to individuals with hearing impairments; (2) qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods for making visually delivered materials available to individuals with visual impairments; (3) acquisition or modification of equipment or devices and (4) other similar services and actions. Limits of Required Modification: The District is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. Any decision that, in compliance with its responsibility to provide effective communication for individuals with disabilities, would fundamentally alter the service, program, or activity or unduly burden the District shall be made by the School Committee after considering all resources available for use in funding and operating the program, service, or activity. A written statement of the reasons for reaching that conclusion shall accompany the decision. Notice: The District shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Title II of the American With Disabilities Act (ADA) and its applicability to the services, programs, or activities of the District. The information shall be made available in such a manner as the School Committee and Superintendent find necessary to apprise such persons of the protections against discrimination assured them by the ADA. Compliance Coordinator: The District shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title II of ADA, including any investigation of any complaint communicated to it alleging its noncompliance or alleging any actions that would be prohibited under ADA. The District shall make available to all interested individuals the name, office address, and telephone number of the employee(s) so designated and shall adopt and publish procedures for the prompt and equitable resolution of complaints alleging any action that would be prohibited under the ADA. The school system receives federal financial assistance and must comply with the above requirements. Additionally, the School Committee is of the general view that: 1. Discrimination against a qualified handicapped person solely on the basis of handicap is unfair; and 2. To the extent possible, qualified handicapped persons should be in the mainstream of life in the school community. Accordingly, employees of the school system will comply with the above requirements of the law and policy statements of this Committee to ensure nondiscrimination on the basis of handicap. File: ADC SMOKING ON SCHOOL PREMISES Use of any tobacco products within the school buildings, school facilities, or on school grounds or school buses by any individual, including school personnel and students, is prohibited at all times. A staff member determined to be in violation of this policy shall be subject to disciplinary action. A student determined to be in violation of this policy shall be subject to disciplinary action pursuant to the -17- student discipline code. This policy shall be promulgated to all staff and students in appropriate handbook(s) and publications. Signs shall be posted in all school buildings informing the general public of the District policy and requirements of state law. File: ADDA C.O.R.I. REQUIREMENTS It shall be the policy of the Wilmington Public Schools to obtain all available Criminal Offender Record Information (C.O.R.I) from the criminal history systems board of prospective employee(s) or volunteer(s) of the school department including any individual who regularly provides school related transportation to children, who may have direct and unmonitored contact with children, prior to hiring the employee(s) or to accepting any person as a volunteer. State law requires that school districts obtain C.O.R.I. data for employees of taxicab companies that have contracted with the schools to provide transportation to pupils. The Superintendent, Principal, or their certified designees shall periodically, but not less than every three years, obtain all available Criminal Offender Record Information from the criminal history systems board on all employees, individuals who regularly provide school related transportation to children, including taxicab company employees, and volunteers who may have direct and unmonitored contact with children, during their term of employment or volunteer service. The Superintendent, Principal or their certified designees may also have access to Criminal Offender Record Information for any subcontractor or laborer who performs work on school grounds, and who may have direct and unmonitored contact with children, and shall notify them of this requirement and comply with the appropriate provisions of this policy. Pursuant to a Department of Education C.O.R.I. Law Advisory dated February 17, 2003, “‘Direct and unmonitored contact with children’ means contact with a child when no other C.O.R.I. cleared employee of the school or district is present. A person having only the potential for incidental unsupervised contact with children in commonly used areas of the school grounds, such as hallways, shall not be considered to have the potential for direct and unmonitored contact with children. These excluded areas do not include bathrooms and other isolated areas (not commonly utilized and separated by sight or sound from other staff) that are accessible to students.” In accordance with state law, all current and prospective employees, volunteers, and persons regularly providing school related transportation to children of the school district shall sign a request form authorizing receipt by the district of all available C.O.R.I. data from the criminal history systems board. In the event that a current employee has questions concerning the signing of the request form, he/she may meet with the Principal or Superintendent; however, failure to sign the C.O.R.I. request form may result in a referral to local counsel for appropriate action. Completed request forms must be kept in secure files. The School Committee, Superintendent, Principals or their designees certified to obtain information under this policy, shall prohibit the dissemination of school information for any purpose other than to further the protection of school children. C.O.R.I. is not subject to the public records law and must be kept in a secure location, separate from personnel files and may be retained for not more than three years. C.O.R.I. may be shared with the individual to whom it pertains, upon his or her request, and in the event of an inaccurate report the individual should contact the criminal history systems board. Access to C.O.R.I material must be restricted to those individuals certified to receive such information. In the case of prospective employees or volunteers, C.O.R.I material should be obtained only where the -18- Superintendent has determined that the applicant is qualified and may forthwith be recommended for employment or volunteer duties. The hiring authority, subject to applicable law, reserves the exclusive right concerning any employment decision made pursuant to Chapter 385 of the Acts of 2002. The employer may consider the following factors when reviewing C.O.R.I.: the type and nature of the offense; the date of the offense and whether the individual has been subsequently arrested, as well as any other factors the employer deems relevant. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on C.O.R.I. checks will be made consistent with this policy and any applicable law or regulations. If a criminal record is received from the Criminal History Systems Board (CHSB), the Superintendent will closely compare the record provided by CHSB with the information on the C.O.R.I. request form and any other identifying information provided by the applicant, to ensure the record relates to the applicant. If the district is inclined to make an adverse decision based on the results of the C.O.R.I. check, the applicant will be notified immediately. The applicant shall be provided with a copy of the criminal record and the district’s C.O.R.I. policy, advised of the part(s) of the record that make the individual unsuitable for the position or license, and given an opportunity to dispute the accuracy and relevance of the C.O.R.I. record. The Superintendent shall ensure that on the application for employment and/or volunteer form there shall be a statement that as a condition of employment or volunteer service the school district is required by law to obtain Criminal Offender Record Information for any employee, individual who regularly provides school related transportation, or volunteer who may have direct and unmonitored contact with children. Current employees, persons regularly providing school related transportation, and volunteers shall also be informed in writing by the Superintendent prior to the periodic obtaining of their Criminal Offender Record Information. The Superintendent shall amend employment applications to include questions concerning criminal records (see attachment) which the Massachusetts Commission against Discrimination has determined may be legally asked of prospective employees. Any employment application which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of service which did not result in a complaint transferred to the superior court for criminal prosecution.” Records sealed pursuant to law shall not operate to disqualify a person in any examination, appointment or application for public service on behalf of the Commonwealth or any political subdivision thereof. The Superintendent shall revise contracts with special education schools and other providers to require a signed statement that the provider has met all the legal requirements of the state where it is located relative to criminal background checks for employees and others having direct and unmonitored contact with children. As soon as possible after the district obtains the certification from the criminal history systems board to receive C.O.R.I. data, the Superintendent shall obtain such data for any person then providing volunteer service, as a condition of continued service. -19- File: ADDA-R C.O.R.I. REQUIREMENTS Applicants challenging the accuracy of the policy shall be provided a copy of the Criminal History Systems Board’s (CHSB) Information Concerning the Process in Correcting a Criminal Record. If the CORI record provided does not exactly match the identification information provided by the applicant, the Superintendent will make a determination based on a comparison of the CORI record and documents provided by the applicant. The Superintendent may contact the CHSB and request a detailed search consistent with CHSB policy. If the Superintendent reasonably believes the record belongs to the applicant and is accurate, based on the information as provided in district policy, then the determination of suitability for the position or license will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to the following: (a) Relevance of the crime to the position sought; (b) The nature of the work to be performed; (c) Time since the conviction; (d) Age of the candidate at the time of the offense; (e) Seriousness and specific circumstances of the offense; (f) The number of offenses; (g) Whether the applicant has pending charges; (h) Any relevant evidence of rehabilitation or lack thereof; (i) Any other relevant information, including information submitted by the candidate or requested by the hiring authority The Superintendent will notify the applicant of the decision and the basis of the decision in a timely manner. INFORMATION CONCERNING THE PROCESS IN CORRECTING A CRIMINAL RECORD If you have undergone a background check by an agency that has received a criminal record from the CHSB, you may ask the agency to provide you with a copy of the criminal record. You may also request a copy of your adult criminal record from the Criminal History Systems Board, 200 Arlington Street, Suite 2200, Chelsea, MA 02150 by calling (617) 660-4640 or go to www.mass.gov/chsb/cori/cori_forms.html#pers. The CHSB charges $25.00 fee to provide an individual with a copy of his/her criminal record. You may complete an affidavit of indigency and request that the CHSB waive the fee. Upon receipt, review the record. If you need assistance in interpreting the entries or dispositions, please review the disposition code and "how to read a BOP" on the CHSB's website www.mass.gov/chsb/cori/cori_bop.html. The CHSB does not offer "walk- in" service but you may call our Legal Division at (617) 660-4760 for assistance or the CORI Unit of the Office of the Commissioner of Probation at (617) 727-5300. If you believe that a case is opened on your record that should be marked closed, you may contact the Office of the Commissioner of Probation CORI Unit at (617) 727-5300 for assistance, or you may go to the Probation Department at the court where the charges were brought and request that the case(s) be updated. -20- If you believe that a disposition is incorrect, contact the Chief Probation Officer at the court where the charges were brought or the CORI Unit at the Office of the Commissioner of Probation and report that the court incorrectly entered a disposition on your criminal record. If you believe that someone has stolen or improperly used your identity and were arraigned on criminal charges under your name, you may contact the Office of the Commissioner of Probation CORI Unit or the Chief Probation Officer in the court where the charges were brought. For a listing of courthouses and telephone numbers please see www.mass.gov/chsb/cori/cori_codes_court.html. In some situations of identity theft, you may need to contact the CHSB to arrange to have a fingerprint analysis conducted. If there is a warrant currently outstanding against you, you need to appear at the court and ask that the warrant be recalled. You cannot do this over the telephone. If you believe that an employer, volunteer agency, housing agency or municipality has been provided with a criminal record that does not pertain to you, the agency should contact the CORI Unit for assistance at (617) 660-4640. File: ADF WELLNESS PROGRAM 1. The Wilmington School Committee recognizes the relationship between student well-being and student achievement as well as the importance of a comprehensive district wellness program. Therefore, the school district will provide developmentally appropriate and sequential nutrition and physical education as well as opportunities for physical activity. The wellness program will be implemented in a multidisciplinary fashion and will be evidence based. 2. Wellness Committee The Wilmington School District will establish a wellness committee that consists of a at least one (1): parent, student, nurse, school food service representative, one School Committee member, school administrator, member of the public, and other community members as appropriate. The school committee designates the following individual(s) as wellness program coordinator(s): School Nurse Leader, School Food Service Administrator and Physical Education and Health Liaison. Only employees of the district who are members of the wellness committee may serve as wellness program coordinators. Wellness coordinators, in consultation with the wellness committee, will be in charge of implementation and evaluation of this policy. 3. Nutrition Guidelines It is the policy of the school district that all foods and beverages made available on campus during the school day are consistent with School Lunch Program nutrition guidelines. Guidelines for the reimbursable school meals will not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to law. The district will create procedures that address all foods available to students throughout the school day in the following areas: Guidelines for maximizing nutritional value by decreasing fat and added sugars, increasing nutrition density and moderating portion size of each individual food or beverage sold within the school environment Separate guidelines for foods and beverages in the following categories: -21- 1. foods and beverages included in a la carte sales in the food service program on school campuses; 2. foods and beverages sold in vending machines, snack bars, school stores, and concession stands; 3. foods and beverages sold as part of school-sponsored fundraising activities; and 4. refreshments served at parties, celebrations, and meetings during the school day; and 5. Specify that its guidelines will be based on nutrition goals, not profit motives. 4. Nutrition and Physical Education The school district will provide nutrition education aligned with standards established by the USDA’s National School Lunch Program and School Breakfast Program in all grades. The school district will provide physical education training aligned with the standards established by the Department of Education. The wellness program coordinators, in consultation with the wellness committee, will develop procedures that address nutrition and physical education. 5. Nutrition Education. Goals Students in grades pre-K-12 receive nutrition education that is interactive and teaches the skills they need to adopt healthy eating behaviors. Nutrition education is offered in the school dining room as well as in the classroom, with coordination between the foodservice staff and teachers. Students receive consistent nutrition messages throughout schools, classrooms, cafeterias, homes, community and media District health education curriculum standards and guidelines include both nutrition and physical education. Nutrition is integrated into the health education or core curricula (e.g., math, science, language arts). Schools link nutrition education activities with the coordinated school health program. Staff who provide nutrition education has appropriate training. Schools are enrolled as Team Nutrition Schools, and they conduct nutrition education activities and promotions that involve parents, students, and the community. 6. Physical Education Activities Goals Students are given opportunities for physical activity during the school day through physical education (PE) classes, daily recess periods for elementary school students, and the integration of physical activity into the academic curriculum. Students are given opportunities for physical activity through a range of before- and/or afterschool programs including, but not limited to, intramurals, interscholastic athletics, and physical activity clubs. Schools work with the community to create ways for students to walk, or bike safely to and from school. Schools encourage parents and guardians to support their children's participation in physical activity, to be physically active role models, and to include physical activity in family events. Schools provide training to enable teachers, and other school staff to promote enjoyable, lifelong physical activity among students. -22- 7. Other School-Based Activities Goals The school district provides a clean, safe, enjoyable meal environment for students. The school district provides enough space and serving areas to ensure all students have access to school meals with minimum wait time. The school district makes provisions in all schools for students to get water at meals and throughout the day. The school district encourages all students participate in school meals program and protect the identity of students who eat free and reduced price meals. Environmentally-friendly practices such as the use of local grown and seasonal foods, and nondisposable tableware will be considered and implemented where appropriate. Physical activities and/or nutrition services or programs designed to benefit staff health will be considered and, to the extent practical, implemented. 8. Time to Eat Goals The school district will ensure an adequate time for students to enjoy eating healthy foods with friends in schools. The school district will schedule lunch time as near the middle of the school day as possible. The school district will look into the feasibility of scheduling recess for elementary schools before lunch so that children will come to lunch less distracted and ready to eat. 9. Food or Physical Activity as a Reward or Punishment Goal The school district will encourage principals to develop alternative forms of rewards and punishments that support the Wellness Policy. 10. Evaluation The wellness committee will assess all education curricula and materials pertaining to wellness for accuracy, completeness, balance and consistency with the state and district’s educational goals and standards. Wellness Program Coordinators shall be responsible for devising a plan for implementation and evaluation of the district wellness policy and are charged with operational responsibility for ensuring that schools met the goals of the district wellness policy. Wellness Program Coordinators will report to the School Committee annually. File: GBA EQUAL EMPLOYMENT OPPORTUNITY The School Committee subscribes to the fullest extent to the principle of the dignity of all people and of their labors and will take action to ensure that any individual within the District who is responsible for hiring and/or personnel supervision understands that applicants are employed, assigned, and promoted without regard to their race, creed, color, age, sex, gender identity, national origin, disability or sexual orientation. Every available opportunity will be taken in order to assure that each applicant for a position is selected on the basis of qualifications, merit and ability. -23- File: GBD (also BHC) SCHOOL COMMITTEE-STAFF COMMUNICATIONS The School Committee wishes to maintain open channels of communication between itself and the staff. The basic line of communication will, however, be through the Superintendent. Staff Communications to the School Committee All communications or reports to the Committee or any of its subcommittees from Principals, supervisors, teachers, or other staff members will be submitted through the Superintendent. This procedure does not deny the right of any employee to appeal to the Committee from administrative decisions on important matters, except those matters that are outside the Committee’s legal authority, provided that the Superintendent has been notified of the forthcoming appeal and that it is processed in accordance with the Committee’s policy on complaints and grievances. Staff members are also reminded that Committee meetings are public meetings. As such, they provide an excellent opportunity to observe first hand the Committee’s deliberations on problems of staff concern. School Committee Communications to Staff All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the Superintendent. The Superintendent will develop appropriate methods to keep staff fully informed of the Committee’s problems, concerns and actions. Visits to Schools Individual School Committee members interested in visiting schools or classrooms will inform the Superintendent of such visits and make arrangements for visitations through the Principals of the various schools. Such visits will be regarded as informal expressions of interest in school affairs and not as “inspections” or visits for supervisory or administrative purposes. Official visits by Committee members will be carried on only under Committee authorization. File: GBEA STAFF ETHICS / CONFLICT OF INTEREST The School Committee expects members of its professional staff to be familiar with the code of ethics that applies to their profession and to adhere to it in their relationships with students, parents, coworkers, and officials of the school system. No employee of the Committee will engage in or have a financial interest in, directly or indirectly, any activity that conflicts or raises a reasonable question of conflict with his duties and responsibilities in the school system. Nor will any staff member engage in any type of private business during school time or on school property. Employees will not engage in work of any type where information concerning customer, client, or employer originates from any information available to them through school sources. Moreover, as there should be no conflict of interest in the supervision and evaluation of employees, at no time may any administrator responsible for the supervision and/or evaluation of an employee be directly -24- related to him. In order to avoid the appearance of any possible conflict, it is the policy of the School Committee that when an immediate family member, as defined in the Conflict of Interest statute, of a School Committee member or district administrator is to be hired into or promoted within the School District, the Superintendent shall file public notice with the School Committee and the Town or District Clerk at least two weeks prior to executing the hiring in accordance with the law. File: GBEB STAFF CONDUCT All staff members have a responsibility to familiarize themselves with and abide by the laws of the State as these affect their work, the policies of the School Committee, and the regulations designed to implement them. In the area of personal conduct, the Committee expects that teachers and others will conduct themselves in a manner that not only reflects credit to the school system but also sets forth a model worthy of emulation by students. All staff members will be expected to carry out their assigned responsibilities with conscientious concern. Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities, which will be required of all personnel: 1. Faithfulness and promptness in attendance at work. 2. Support and enforcement of policies of the Committee and their implementing regulations and school rules in regard to students. 3. Diligence in submitting required reports promptly at the times specified. 4. Care and protection of school property. 5. Concern for and attention to their own and the school system’s legal responsibility for the safety and welfare of students, including the need to ensure that students are under supervision at all times. File: GBEBC GIFTS TO AND SOLICITATIONS BY STAFF Gifts The acceptance of gifts worth $50 or more by school personnel in a calendar year when the gift is given because of the position they hold, or because of some action the recipient could take or has taken in his or her public role, violates the conflict of interest law. Acceptance of gifts worth less than $50, while not prohibited by the conflict of interest law, may require a written public disclosure to be made. In keeping with this policy, no employee of the school district will accept a gift worth $50 or more that is given because of the employee's public position, or anything that the employee could do or has done in his or her public position. Gifts worth less than $50 may be accepted, but a written disclosure to the -25- employee's appointing authority must be made if the gift and the circumstances in which it was given could cause a reasonable person to think that the employee could be improperly influenced. The value of personal gifts accepted is aggregated over a calendar year (4 gifts of $20 value is the same as 1 gift of $80 if given in the same calendar year). In general, homemade gifts without retail value are permissible because a reasonable person would not expect an employee would unduly show favor to the giver, so no disclosure is required. Such gifts could include homemade food items (cookies, candy, etc.), handpicked flowers, and handmade gifts worth less than $10 (ten) dollars. Class Gifts There is a specific exception to the prohibition against accepting gifts worth $50 or more, when the teacher knows only that the gift is from the class, not from specific donors. A single class gift per calendar year valued up to $150 or several class gifts in a single year with a total value up to $150 from parents and students in a class may be accepted provided the gift is identified only as being from the class and the names of the givers and the amounts given are not identified to the recipient. The recipient may not accept an individual gift from someone who contributed to the class gift. It is the responsibility of the employee to confirm that the individual offering such gift did not contribute to the class gift. Gifts for School Use Gifts given to a teacher solely for classroom use or to purchase classroom supplies are not considered gifts to an individual employee and are not subject to the $50 limit. However, an employee who accepts such gifts must keep receipts documenting that money or gift cards were used for classroom supplies. Solicitations In spirit, the School Committee supports the many worthwhile charitable drives that take place in the community and is gratified when school employees give them their support. However, the solicitation of funds from staff members through the use of school personnel and school time is prohibited by the conflict of interest law. Therefore, no solicitations of funds for charitable purposes should be made among staff members. Staff members of course remain free to support charitable causes of their own selection. File: GBEC DRUG-FREE WORKPLACE POLICY The School District will provide a drug-free workplace and certifies that it will: 1. Notify all employees in writing that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, is prohibited in the District's workplace, and specify the actions that will be taken against employees for violation of such prohibitions. 2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the District's policy of maintaining a drug-free work-place; and available drug counseling, rehabilitation, and employee assistance programs; and the penalty that may be imposed on employees for drug abuse violations occurring in the workplace. 3. Make it a requirement that each employee whose employment is funded by a federal -26- grant be given a copy of the statement as required. 4. Notify the employee in the required statement that as a condition of employment under the grant, the employee will abide by the terms of the statement, and will notify the District of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. 5. Notify the federal agency within ten days after receiving notice from an employee or otherwise receiving notice of such conviction. 6. Take one of the following actions within 30 days of receiving notice with respect to any employee who is so convicted; take appropriate personnel action against such an employee, up to and including termination; or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health law enforcement, or other appropriate agency. 7. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all the provisions of this policy. File: GBGB STAFF PERSONAL SECURITY AND SAFETY Through its overall safety program and various policies pertaining to school personnel, the Committee will seek to assure the safety of employees during their working hours and assist them in the maintenance of good health. Physical examinations will be required of bus drivers and food handlers as law or state regulations require. The Superintendent may require an employee to submit to a physical examination by a physician appointed by the school system whenever that employee's health appears to be a hazard to children or others in the school system or when a doctor's certificate is needed to verify need for sick leave. File: GBJ PERSONNEL RECORDS Information about staff members is required for the daily administration of the school system, for implementing salary and other personnel policies, for budget and financial planning, for responding to appropriate inquiries about employees, and for meeting the School Committee's education reporting requirements. To meet these needs, the Superintendent will implement a comprehensive and efficient system of personnel records maintenance and control under the following guidelines: 1. A personnel folder for each present and former employee will be accurately maintained in the central administrative office. In addition to the application for employment and references, the folders will contain records and information relative to compensation, payroll deductions, evaluations, and any other pertinent information. 2. The Superintendent will be the official custodian for personnel files and will have overall responsibility for maintaining and preserving the confidentiality of the files within the provisions of the law. -27- 3. Personnel records are considered confidential under the law and will not be open to public inspection. Access to personnel files will be limited to persons authorized by the Superintendent to use the files for the reasons cited above. 4. Each employee will have the right, upon written request, to review the contents of his own personnel file. 5. Employees may make written objections to any information contained in the file. Any written objection must be signed by the staff member and will become part of the employee's personnel file. Further, no negative comment will be placed in a staff member's file unless it is signed by the person making the comment and the staff member is informed of the comment and afforded the opportunity to include his written response in the file. 6. Lists of school system employees' names and home addresses will be released only to governmental agencies as required for official reports or by the laws. File: GBK STAFF COMPLAINTS AND GRIEVANCES The School Committee will encourage the administration to develop effective means of resolving differences that may arise among employees and between employees and administrators; reduce potential areas of grievances; and establish and maintain recognized channels of communication between the staff, administration, and School Committee. It is the Committee's desire that grievance procedures provide for prompt and equitable adjustment of differences at the lowest possible administrative level, and that each employee be assured opportunity for an orderly presentation and review of complaints and concerns. Channels established will provide for the following: 1. That teachers and other school employees may appeal a ruling of a Principal or other administrator to the Superintendent. 2. That all school employees may appeal a ruling of the Superintendent to the Committee, except in those areas where the law has specifically assigned authority to the Principal and/or the Superintendent and Committee action would be in conflict with that law. 3. That all hearings of complaints before the Superintendent or Committee be conducted in the presence of the administrator who made the ruling that is the subject of the grievance. The process established for the resolution of grievances in contracts negotiated with recognized employee bargaining units will apply only to "grievances" as defined in the particular contract. File: GCO EVALUATION OF PROFESSIONAL STAFF In order to assure a high quality of teacher and administrator performance and to advance the instructional programs of the schools, a continuous program for teacher and administrator evaluation will -28- be established by the School Committee. Regular reports will be made to the Superintendent concerning the outcomes of these evaluations. The evaluation process may include: 1. 2. 3. The development and periodic review of techniques and procedures for making evaluations. Interpretation of the information gained in the evaluative process in terms of the objectives of the instructional program. The application of the information gained to the planning of staff development and in-service training activities, which are designed to improve instruction and increase teacher competence. The evaluation process may include self-evaluation, supervisor initiated observations, and teacher initiated observations. The formal evaluations will be written and will be discussed by the supervisor and the person being evaluated. The discussions may either precede or follow the writing of the evaluation document. Copies of the written document will be signed by both parties and incorporated into the personnel files of the teacher or administrator. In addition, the individual and his department chairman (if applicable) will receive a signed copy. The signature should indicate that the evaluation has been read and discussed. The written evaluation should be specific in terms of the person's strengths and weaknesses. Those areas where improvement is needed should be clearly set forth and recommendations for improvement should be made. Subsequent evaluations should address themselves to any improvement or to any continuing difficulty that is observed. File: GCO-R-l EVALUATION OF PROFESSIONAL STAFF M.G.L. 71:38 reads in part: Performance standards for teachers and other School District employees shall be established by the School Committee upon the recommendation of the Superintendent, provided that where teachers are represented for collective bargaining purposes, all teachers’ performance standards shall be determined as follows: The School Committee and the collective bargaining representative shall undertake for a reasonable period of time to agree on teacher performance standards. Prior to said reasonable period of time, the School District shall seek a public hearing to comment on such standards. In the absence of an agreement, after such reasonable time teacher performance standards shall be determined by binding interest arbitration Either the School District or the teachers’ collective bargaining representative may file a petition seeking arbitration with the Commissioner of Education. The performance standards developed either by mutual agreement or as a result of arbitration will be incorporated in the collective bargaining agreement and may be used in decisions to dismiss, demote or remove a teacher or administrator pursuant to M.G.L. 71:42; 71 :42A and 71:63. -29- File: GCO-R-2 EVALUATION OF TEACHERS AND ADMINISTRATORS Authority, Scope and Purpose: The specific purposes of evaluation under M.G.L. c. 71, & 38 and 603 CMR 35:00 are: (A) To provide information for the continuous improvement of performance through an exchange of information between the person being evaluated and the evaluator, and (B) To provide a record of facts and assessments for personnel decisions. The purpose of 603 CMR 35:00 is to ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators which will enable them to assist all students to perform at high levels. 603 CMR 35:00, together with the Principles of Effective Teaching and Principles of Effective Administrative Leadership adopted by the Board of Education, set out what Massachusetts teachers and administrators are expected to know and be able to do. 603 CMR 35:00 requires that school committees establish a rigorous and comprehensive evaluation process for teachers and administrators, consistent with these principles to assure effective teaching and administrative leadership in the Commonwealth’s public schools. Definitions Administrator: shall mean any person employed in a school district in a position requiring a certificate as described in 603 CMR 7.10 (34) through (38) or who has been approved as an administrator in the area of vocational education as provided in 603 CMR 4.00 et seq. Evaluation: shall mean the ongoing process of defining goals and identifying, gathering and using information as part of a process to improve professional performance (the “formative evaluation”) and to assess total job effectiveness and make personnel decisions (the “summative evaluation”). Evaluator: shall mean any person designated by a Superintendent, consistent with the procedures set out in 603 CMR 35.06, who has responsibility for evaluation. Performance Standards: shall mean the performance standards locally developed pursuant to M.G.L. c.71, & 38, 6093 CMR 35:00, and the Principles of Effective Teaching and Principles of Effective Administrative Leadership adopted by the Board of Education. School Committee: shall mean the school committee in all cities, towns and regional school districts, local and district trustees for vocational education, educational collaborative boards and boards of trustees for the county agricultural schools. Superintendent: shall mean the person employed by the School Committee pursuant to M.G.L. c. 71, & 59, or &59A. The Superintendent is responsible for the implementation of 603 CMR 3 5:00. S/he shall be evaluated by the School Committee pursuant to 603 CMR 35.00 and such other standards that may be established by the School Committee. Teacher: shall mean any person employed in a school district in a position requiring a certificate as described in 603 CMR 7.10 (1) through (33), and 603 CMR 7.10 (39) through (42) or who has been approved as an instructor in the area of vocational education as provided in 603 CMR 4.00 et seq. -30- Principles of Evaluation (1) The performance standards shall be measurable. (2) The performance standards shall reflect and allow for significant differences in assignments and responsibilities. These differences shall be described in evaluation reports. (3) The performance standards shall be shared with the person being evaluated in advance of the evaluation process. (4) ‘The purpose of evaluation shall be stated clearly, in writing, to the person being evaluated. (5) The evaluation process shall be free of racial, sexual, religious and other discrimination and biases as defined in state and federal laws. The person being evaluated shall be allowed to gather and provide additional information on his/her performance. Such information must be provided in a timely manner and must be considered by the evaluator. (6) (7) The person being evaluated shall have an opportunity to respond in writing to the evaluation reports. Performance Standards for Teachers and Administrators (1) School committees shall establish performance standards for teachers upon the recommendation of the Superintendent and in accordance with the process described in M.G.L. c. 71 s.38, including conducting a public hearing and engaging in collective bargaining and, if necessary, binding interest arbitration. All performance standards established for teachers shall be consistent with and meet the Principles of Effective Teaching adopted by the Board of Education. (2) School committees shall establish performance standards for the evaluation of all administrators upon the recommendation of the Superintendent. Performance standards for those administrators who are subject to collective bargaining shall be developed in accordance with M.G.L. c. 1 50E. All performance standards established for administrators shall be consistent with and meet the Principles of Effective Administrative Leadership adopted by the Board of Education. (3) School committees are encouraged to establish programs and standards which provide for a rigorous and comprehensive evaluation process for teachers and administrators. The evaluation process may include the extent to which students assigned to teachers and administrators satisfy student academic standards or individual education plans, and the successful implementation of professional development plans, as provided in M.G.L. c. 69 s.1B and c.71, s.38. File: GCQD RESIGNATION OF PROFESSIONAL STAFF MEMBERS Professional staff members may discontinue their service in the school system during the school year by submitting a written notice of intent to resign to the appropriate hiring authority. -31- Such written notice of intent to resign will be given to the Superintendent. The staff member will be notified in writing of the Superintendent’s action on the resignation. When a resignation is accepted by the Superintendent the employee may be expected to continue in service at his or her assigned duties for a period of 30 days after submission of the resignation. All resignations shall be reported to the School Committee at its next regular meeting File: GCQF SUSPENSION AND DISMISSAL OF PROFESSIONAL STAFF MEMBERS The Superintendent will strive to assist personnel to perform their duties efficiently. However, the Superintendent may dismiss any employee in accordance with state law. Further, the Committee recognizes the constitutional rights of the District's employees and assures them the protection of due process of law. To guarantee such rights, a system of constitutionally and legally sound procedures will be followed in each case of suspension or dismissal of an employee. When the Superintendent or a Principal determines that sufficient cause exists that a professional employee be suspended or dismissed from service in the school system, he or she will: 1. 2. 3. 4. Be certain that each such case is supported by defensible records. Determine if the individual is to be suspended immediately with the understanding that the suspension will be subject to restoration of salary and position if an appeal is decided in favor of the individual. Follow the procedures for dismissal or suspension that are contained in applicable laws as well as those included in the current agreement with the teachers' bargaining unit. Provide the individual involved with a written statement that will: a. b. c. d. Indicate whether the action the Superintendent is taking is dismissal or suspension. State the reason for the suspension or dismissal. Guarantee that all procedures will be in accordance with due process of law. Inform employees who have a right to request a hearing under appropriate laws that they may be represented at such a hearing by counsel of their choice. File: GCRD TUTORING FOR PAY Definition: “Tutoring” means giving private instruction or help to an individual or group for which the teacher receives remuneration other than through the School Committee. Tutoring is not to be recommended for a student unless the appropriate teacher of the student involved is consulted and agrees that it will be of real help. If tutoring seems advisable, the Principal may give the parents/guardians a list of persons who are willing to tutor. This list may include teachers, but not the student’s teacher of the subject in which he/she is to be tutored. Tutoring for pay is not to be done in the school building. File: IA -32- INSTRUCTIONAL GOALS The primary function of a school program is the instruction of students. All staff activities and efforts shall be directed toward providing a high quality, effective, and ever-improving instructional program. There are primarily three functions involved in carrying out the instructional program: Operating Function Coordinating and Developing Function Evaluating and Assessment Function The operating function involves classroom instruction and building program management. The coordinating and developing function includes monitoring activities (curriculum development), in-service education, and special services. The evaluation and assessment function involves data collection and synthesis and establishing future direction. File: IB ACADEMIC FREEDOM The School Committee seeks to educate students in the democratic tradition, to foster recognition of individual freedom and social responsibility, to inspire meaningful awareness of and respect for the Constitution and the Bill of Rights. Fairness in procedures will be observed both to safeguard the legitimate interests of the schools and to exhibit by appropriate example the basic objectives of a democratic society as set forth in the Constitutions of the United States and the State. File: IE ORGANIZATION OF INSTRUCTION The School Committee is responsible for public education, pre-kindergarten through grade 12, in the town. It also assumes responsibility for adult education, and summer school. The grouping and housing of instructional levels in the public schools will be according to plans developed by the Superintendent and approved by the School Committee. The currently approved organization of instruction provides for the schools to be organized into elementary, middle school and senior high levels. Certain exceptions to this general rule may be made with the approval of the School Committee. Special education services are integrated across each grade level in all schools. The organization is designed to meet the standards established within the Curriculum Frameworks as required by the State Department of Education and to serve the needs of all students. File: IGA CURRICULUM DEVELOPMENT Constant adaptation and development of the curriculum is necessary if the District is to meet the needs of the students in its schools. To be successful, curriculum development must be a collaborative enterprise -33- involving staff and administrators utilizing their professional expertise, and gathering input from parents and community. The Committee expects its faculty and administration to regularly evaluate the education program and to recommend modifications of practice and changes in curriculum content as well as the addition or deletion of courses to the instructional program. File: IHAM-1 PARENTAL NOTIFICATION RELATIVE TO SEX EDUCATION In accordance with General Laws Chapter 71, Section 32A, the Wilmington School Committee has adopted this policy on the rights of parents and guardians of our students in relation to curriculum that primarily involves human sexual education or human sexuality issues. At the beginning of each school year, all parents/guardians of students in our schools will be notified in writing of the courses and curriculum we offer that primarily involve human sexual or human sexuality issues. The Superintendent of Schools will determine the administrator(s) responsible for sending the notice(s). Parents/guardians of students who enroll in school after the start of the school year will be given the written notice at the time of enrollment. If planned curricula change during the school year, to the extent practicable, parents/guardians will be notified of this fact in a timely manner before implementation. Each such notice to parents/guardians will include a brief description of the curriculum covered by this policy, and will inform parents/guardians that they may: 1. Exempt their child from any portion of the curriculum that primarily involves human sexual education or human sexual issues, without penalty to the student, by sending a letter to the school Principal requesting an exemption. Any student who is exempted by request of the parent/guardian under this policy may be given an alternative assignment. 2. Inspect and review program instruction materials for these curricula, which will be made reasonably accessible to parents/guardians and others to the extent practicable. Parents/guardians may arrange with the Principal to review the materials at the school and may also review them at other locations that may be determined by the Superintendent of Schools. A parent/guardian who is dissatisfied with a decision of the Principal concerning notice, access to instructional materials, or exemption for the student under this policy may send a written request to the Superintendent for review of the issue. The Superintendent or designee will review the issue and give the parent/guardian a timely written decision, preferably within two weeks of the request. A parent/guardian who is dissatisfied with the Superintendent’s decision may send a written request to the School Committee for review of the issue. The School Committee will review the issue and give the parent/guardian a timely written decision, preferably within four weeks of the request. A parent/guardian who is still dissatisfied after this process may send a written request to the Commissioner of Education for review of the issue in the dispute. The Superintendent of Schools will distribute a copy of this policy to each Principal by September 1 of each year. File: IHAM-1-E -34- SAMPLE NOTICE TO PARENT/GUARDIAN [Date] Dear Parent/Guardian: Enclosed is an outline of our school’s grade 7 and 8 comprehensive health education curriculum. This program has been developed by our professional staff under the guidance of the community health education advisory council. The overall goal of the course is to continue efforts begun in earlier grades to promote the health and well-being of our students, and to help them make wise and informed decisions during their teen-age years and beyond. Sex education is part of the health education curriculum in grades 7 and 8, including topics such as puberty; dating; relationships and communication skills; pregnancy; birth control; abortion; homosexuality; prevention of HIV/AIDS and other sexually transmitted diseases; and prevention of sexual abuse. The instructional materials we use for the course include a curriculum package and a video, listed on the enclosed outline. If you would like to review these materials at the school, you are welcome to do so. Please call me to arrange a convenient time. During the course, students will be able to ask questions, which will be answered factually and in an ageappropriate manner. Each student’s privacy will be respected, and no one will be put on the spot to ask or answer questions or reveal personal information. Material will be presented in a balanced, factual way that makes clear that people may have strong religious and moral beliefs about issues such as birth control and abortion, and that these beliefs must be respected. Under Massachusetts law and School Committee policy, you may exempt your child from any portion of the curriculum that primarily involves human sexual education or human sexuality issues. To receive an exemption, simply send me a letter requesting an exemption for your child. No student who is exempted from this portion of the curriculum will be penalized. We may provide an alternative assignment to students who are exempted. We look forward to working with you to ensure that your child has a positive and educationally enriching experience this school year. If you have any questions about sex education or any other matter concerning your child’s education, please call me. Sincerely Principal [Phone Number] Enclosure: [course outline; list of curriculum materials for sex education] File: IHAM-R HEALTH EDUCATION (Exemption Procedure) Exemption will be granted from a specific portion of health education curriculum on the grounds that the material taught is contrary to the religious beliefs and/or teachings of the student or the student's parent/guardian. A request for exemption must be submitted in writing to the Principal in advance of instruction in that portion of the curriculum for which the exemption is requested. The request must state the particular conflict involved. The Principal will confer with the teacher to determine the length of time a student will be exempt. The -35- teacher will develop an alternative activity for which the student will receive credit. The Principal will inform the parent/guardian of disposition of the request within a reasonable number of school days of receipt of the request. File: IHAMA TEACHING ABOUT DRUGS, ALCOHOL, AND TOBACCO In accordance with state and federal law, the District shall provide age-appropriate, developmentally based drug and alcohol education and prevention programs in grades K-12. The drug and alcohol education program shall address the legal, social, and health consequences of drug and alcohol use. It shall include special instruction as to the effects upon the human system; the emotional, psychological and social dangers of such use with emphasis on nonuse by school age children and the illegal aspects of such use. The program also shall include information about effective techniques for resisting peer pressure to use illicit drugs or alcohol. The objectives of this program, as stated below, are rooted in the Committee’s belief that prevention requires education, and that the most important aspect of the policies and guidelines of the District should be the education of each individual to the dangers of drugs, alcohol, and tobacco. To create an awareness of the total drug problem--prevention, education, treatment, rehabilitation, and law enforcement on the local, state, national and international levels. To relate the use of drugs and alcohol to physical, mental, social and emotional practices. To develop the student's ability to make intelligent choices based on facts and to develop the courage to stand by one's own convictions. To understand the personal, social and economic problems causing the misuse of drugs and alcohol. To develop an interest in preventing illegal use of drugs in the community. The curriculum, instructional materials and outcomes used in this program shall be recommended by the Superintendent and approved by the School Committee. File: IJJ TEXTBOOK SELECTION AND ADOPTION Responsibility for the review and selection of textbooks to be purchased shall rest with the administration. The administration is encouraged through the School Committee to establish a review committee to assist in the process to determine the textbooks that best meet the curriculum guidelines of the District. The review committee should include teachers who will use the texts and other staff members as found desirable. Students and parents will be encouraged to serve. Principles that apply generally to the selection of instructional materials and library materials shall apply to textbooks. Additionally, basic textbooks and textbook support materials shall be chosen: To advance the educational objectives of the school system and particular objectives of the course program; -36- To contribute toward continuity, integration, and articulation of the curriculum; and To establish a general framework for the particular course or program. Because the instructional purposes of textbooks, as stated above, are of such importance, particular care shall be taken in their selection as to content. Although many points must be examined, the School Committee directs the staff to be mindful of the following considerations: The needs of all learners must be provided for. Attention should be given to gender roles depicted in the materials. The textbook and textbook support materials should lead the student and teacher beyond the textbook into a wide variety of other materials and educational experiences. If the textbook deals with problems and issues of our times, it should present and encourage examination of varied points of view. Because textbooks are selected for several years’ use, special attention also shall be given their physical characteristics, durability, format and price. File: IJK SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION The School Committee recognizes that knowledge is changing and expanding and that it may be necessary to use various types of supplementary materials in addition to the basic and fundamental textbooks. For the purpose of this policy, supplementary materials shall be defined as any instructional materials other than textbooks including, but not limited to, books, periodicals, newspapers, pictures, diagrams, maps, charts, slides, filmstrips, films, records, audiotapes, and suitable technological applications which relate directly to the adopted curriculum. The School Committee believes that teachers and administrators should have a large role in selection and recommendation of supplementary materials. Teachers are encouraged to use a wide range of learning aids, provided the expense incurred in purchasing these aids remains within the limits of the budget. When choosing supplementary materials, staff shall apply the same criteria as used in choosing instructional materials. File: IJM SPECIAL INTEREST MATERIALS SELECTION AND ADOPTION Organizations, institutions, and individuals at times develop materials that are offered to schools free or inexpensively. As a general rule, sponsored materials present a particular point of view, and extreme care must be exercised in evaluating and using them. The responsibility for using sponsored materials rests with the certified staff member who recommends its use. In any questionable instance, the Principal should be informed and shall decide whether its use is in the best interests of the students. Sponsored materials must meet the same basic selection criteria as any other learning material, as well as the following special criteria. -37- Any expression of a point of view should be clearly identified. Any advertising that appears on or with any material should be in good taste and unobtrusive. The source of all material should be clearly identifiable. File: IJND CURRICULUM AND INSTRUCTION Access to Electronic Media The Committee supports the right of students, employees, and community members to have reasonable access to various information formats and believes it is incumbent upon users to utilize this privilege in an appropriate and responsible manner. Safety Procedures and Guidelines The Superintendent or designee shall develop and implement appropriate procedures to provide guidance for access to electronic media. Guidelines shall address teacher supervision of student computer use, ethical use of electronic media (including, but not limited to, the Internet, e-mail, and other District technological resources), and issues of privacy versus administrative review of electronic files and communications. In addition, guidelines shall prohibit utilization of networks for prohibited or illegal activities, the intentional spreading of embedded messages, or the use of other programs with the potential of damaging or destroying programs or data. Internet safety measures shall be implemented that effectively address the following: Controlling access by minors to inappropriate matter on the Internet and World Wide Web; Safety and security of minors when they are using electronic mail, chat rooms, and other forms of direct electronic communications; Preventing unauthorized access, including “hacking” and other unlawful activities by minors online; Unauthorized disclosure, use and dissemination of personal information regarding minors; and Restricting minors’ access to materials harmful to them. The District shall provide reasonable public notice of, and at least one (1) public hearing or meeting to address and communicate its Internet safety measures. Permission/Agreement Form A written parental request shall be required prior to the student being granted independent access to electronic media involving District technological resources. The required permission/agreement form, which shall specify acceptable uses, rules of on-line behavior, access privileges, and penalties for policy/procedural violations, must be signed by the parent or legal guardian of minor students (those under 18 years of age) and also by the student. This document shall be kept on file as a legal, binding document. In order to modify or rescind the agreement, the student's parent/guardian (or the student who is at least 18 years old) must provide the Superintendent with a written request. Employee Use -38- Employees shall use electronic mail only for purposes directly related to work-related activities. Employees shall not use a code, access a file, or retrieve any stored communication unless they have been given authorization to do so. (Authorization is not required each time the electronic media is accessed in performance of one’s duties.) Each employee is responsible for the security of his/her own password. Community Use On recommendation of the Superintendent or designee, the Committee shall determine when and which computer equipment, software, and information access systems will be available to the community. Upon request to the Principal or designee, community members may have access to the Internet and other electronic information sources and programs available through the District’s technology system, provided they attend any required training and abide by the rules of usage established by the Superintendent or designee. Disregard of Rules Individuals who refuse to sign required acceptable use documents or who violate District rules governing the use of District technology shall be subject to loss or restriction of the privilege of using equipment, software, information access systems, or other computing and telecommunications technologies. Responsibility for Damages Individuals shall reimburse the Committee for repair or replacement of District property lost, stolen, damaged, or vandalized while under their care. Responding to Concerns School officials shall apply the same criterion of educational suitability used to review other educational resources when questions arise concerning access to specific databases or other electronic media. Audit of Use Users with network access shall not utilize District resources to establish electronic mail accounts through third-party providers or any other nonstandard electronic mail system. The Superintendent or designee shall establish a process to determine whether the District’s education technology is being used for purposes prohibited by law or for accessing sexually explicit materials. The process shall include, but not be limited to: 1. Utilizing technology that blocks or filters Internet access for both minors and adults to certain visual depictions that are obscene, child pornography, or, with respect to computers with Internet access by minors, harmful to minors; 2. Maintaining and securing a usage log; and 3. Monitoring online activities of minors. File: IJNDB -39- ACCEPTABLE USE POLICY – TECHNOLOGY Purpose The Wilmington Public Schools shall provide access for employees and students to the system/network, including access to external networks, for limited educational purposes. Educational purposes shall be defined as classroom activities, career and professional development, and high quality self-discovery activities of an educational nature. The purpose of the system/network is to assist in preparing students for success in life and work by providing access to a wide range of information and the ability to communicate with others. The system/network will be used to increase communication (staff, parent, and student), enhance productivity, and assist staff in upgrading existing skills and acquiring new skills through a broader exchange of information. The system/network will also be utilized to provide information to the community, including parents, governmental agencies, and businesses. Availability The Superintendent or designee shall implement, monitor, and evaluate the District’s system/network for instructional and administrative purposes. Access to the system/network, including external networks, shall be made available to employees and students for instructional and administrative purposes and in accordance with administrative regulations and procedures. Access to the system/network is a privilege, not a right. All users shall be required to acknowledge receipt and understanding of all administrative regulations and procedures governing use of the system and shall agree in writing to comply with such regulations and procedures. Noncompliance with applicable regulations and procedures may result in suspension or termination of user privileges and other disciplinary actions consistent with the policies of the Wilmington Public Schools. Violations of law may result in criminal prosecution as well as disciplinary action by the Wilmington Public Schools. Acceptable Use The Superintendent or designee shall develop and implement administrative regulations, procedures, and user agreements, consistent with the purposes and mission of the Wilmington Public Schools as well as with law and policy governing copyright. Monitored Use Electronic mail transmissions and other use of electronic resources by students and employees shall not be considered confidential and may be monitored at any time by designated staff to ensure appropriate use for instructional and administrative purposes. Liability The Wilmington Public Schools shall not be liable for users' inappropriate use of electronic resources or violations of copyright restrictions, users' mistakes or negligence, or costs incurred by users. The Wilmington Public Schools shall not be responsible for ensuring the accuracy or usability of any information found on external networks. -40- File: IJNDB-E-1 INTERNET/E-MAIL ACCEPTABLE USE POLICY USER AGREEMENT FORM User Agreement for Participation in an Electronic Communications System This user agreement must be renewed each academic year. Users Name: Grade Level: School: I have read the district’s Acceptable Use Policy and Administrative Procedures and agree to abide by their provisions. I understand that violation of these provisions may result in disciplinary action including but not limited to suspension or revocation of privileges, termination of employment, and criminal prosecution. Signature: File: IJNDC SCHOOL AND DISTRICT WEB PAGES The Wilmington Public School District realizes the limitless potential for information and communication provided by the World Wide Web. The availability of this communication vehicle provides an opportunity for students and staff to access and contribute to the world of information related to curriculum, instruction, school, District, and school community related activities. Therefore, the Wilmington Public School District will use the Internet as an effective, efficient and timely source of information, method of communication and vehicle for resource collection. In order to take advantage of the opportunities the Internet provides, the Committee authorizes the creation of school and/or District Web pages on the Internet. Only those web pages maintained in accordance with Committee policy and established procedures shall be recognized as official representations of the District or individual schools. All information on a school or District Web page must accurately reflect the mission, goals, policies, program, and activities of the school and District. The Web pages must have a purpose that falls within at least one of three categories: 1. Support of curriculum and instruction – intended to provide links to Internet resources for students, parents and staff in the District. 2. Public information – intended to communicate information about the schools and District to students, staff, parents, community, and the world at large. 3. District technology support – intended to provide and respond to instructional and administrative technology needs of students and staff. -41- The Superintendent shall designate an individual(s) to be responsible to maintaining the official District web page and monitoring all District Web page activity. A building Principal shall make such designation for an individual school. Schools or departments that wish to publish a Web page must identify an appropriately qualified publisher and/or author. As with any instructional materials or publication used by or representing the school or District, the building Principal or Superintendent, respectively, are ultimately responsible for accuracy and appropriateness of the information made available at the Web site. Concern about the content of any page(s) created by students or staff should be directed to the building Principal or to the Superintendent’s office when related to the District Web site. Web sites developed under contract for the Wilmington Public School District or within the scope of employment by Wilmington Public School District employees are the property of the Wilmington Public School District. Due to the dynamic nature of the World Wide Web, this policy is to be reviewed and updated on an annual basis or more frequently if required. File: IJNDC-R WEB SITE GUIDELINES AND PROCEDURES FOR APPROVAL Unlike the Internet itself, schools and the District can control the type of information placed on Web pages. Documents created for the Web and linked to District Web pages shall meet the criteria for use as public information or an instructional resource. The following considerations should be considered when determining the information to include on a school or District Web page: Copyright/trademark issues; applicability to the curriculum or communication goals of the school or District; privacy issues; and related School Committee policies. Links to other Web pages should be carefully selected based on the above issues. Defined Purpose A Web page must have a clearly defined purpose that is published on the Web page. Included in the purpose, the target audience must be specified and defined; however, all Web site users are reminded that their audience includes the worldwide community. Content Standards All subject matter on Web pages should relate to curriculum, instruction, school-authorized activities, general information supporting student safety, growth, and learning, or public information of interest to others. Therefore, neither staff nor students may publish on the District server personal pages or pages for individuals or organizations not directly affiliated with the District. Staff or student work may be published only as it relates to a class project, course, or other school-related activity. Parent groups, partnerships, and municipal or educational cooperatives are considered affiliates of the District. No confidential information is to be published on or linked to a Web page. Quality Standards All Web page work must be free of spelling and grammatical errors. Documents may not contain objectionable material or link directly to objectionable materials. Objectionable material is addressed in more detail in the School Committee policy for instructional material selection and reconsideration. Authors and publishers are reminded that a Web site is a virtual doorway to your school. A site and a -42- school will be judged on its ease for the user, the design, and the content. It is strongly recommended that a school form a building committee of interested individuals including staff, administrators, parents, students, and community members for the development of the Web site. Thoughtful consideration should go into decisions regarding purpose, usefulness, and appearance of each item on the Web site. As much as possible, publishers are encouraged to include student pictures and work. As the District represents itself to the world through this medium, assurances should be provided that students are the focus of the Wilmington Public School District. Written student and parent consent must be secured for publication of student work. Consistence Standards Each existing school or department Web site shall have a link to the District Web site once the District Web site is online. For consistency, all school District Web sites must contain certain elements: At the bottom of each page there must be a link to the home page (to be defined by the school or District home page once online). At the bottom of the Web page, there must be an indication of the date of the last update to that page and the name or initials of the person(s) responsible for page update. It shall be that person’s responsibility to keep the Web page current. Repeated failure to do so may result in revocation of approval. It is strongly recommended that a building set up a system of checks and balances for the Web site (for example: all incoming e-mail is blind copied to the Principal or department head). All Web sites must display the name and approved logo of the Wilmington Public School District. All Web pages must be given names that clearly identify them. Links to student e-mail accounts are not allowed. Student directory data is prohibited from publication, except for the first name and grade level of a student in relation to a photo or work. Web pages may not contain links to other Web pages not yet completed. If additional pages are anticipated, but not yet developed, the text that will provide such a link should be included. However, the actual link to said page(s) may not be made until the final page is actually in place. All Web sites must include: the author or publisher’s name; the publisher or school’s e-mail address; appropriate copyright citations. Authors must exhibit care when creating Web pages with extensive background, large graphics, applets, animation, and audio or video clips. Such files require extensive download time, are frustrating for modem users, and slow down file servers. File: IJOA FIELD TRIPS Field trips can bring the school and the community closer together, which can result in real life experiences that enrich the curriculum for students and also bring about better public relations. The School Committee will also encourage field trips as an integral part of the instructional programs in the schools. The Superintendent will establish regulations to assure that: 1. All students have parental permission for trips. 2. All trips are properly supervised. 3. All safety precautions are observed. 4. All trips contribute substantially to the educational program. All out-of-state or extended (overnight) trips and excursions, except those required for student participation in tournament competition or contests, must have advance approval of the School Committee. The School Committee will also consider the educational value of the trip in relation to the cost prior to granting initial approval. All out-of-state or extended (overnight) trips and excursions, except those required for the student participation in tournament competition -43- or contests, will be subject to the bidding process. CROSS REF.: JJH, Student Travel File: IKAB STUDENT PROGRESS REPORTS TO PARENTS/GUARDIANS The School Committee recognizes the school's obligation to give periodic reports of a student's progress and grades. The School Committee further recognizes that these reports are a vital form of communication between the schools and parents. The School Committee also believes that all progress reports must be based upon full information, accurately and honestly reported with the proper maintenance of confidentiality. A report depicting the student's progress will be issued periodically following an evaluation by the appropriate teacher, teachers, or other professional personnel. In addition to the periodic reports, parents will be notified when a student's performance requires special notification. Grading and promotion will be based on improvement, achievement, capability of the student, and the professional judgment of the teacher and Principal. Major changes in the reporting system shall be preceded by a cooperative study and evaluation by teachers, principals, parents, and the Assistant Superintendent, who will submit the proposal to the School Committee for consideration and approval. File: IKB HOMEWORK The term "homework" refers to an assignment to be prepared during a period of supervised study in class or outside of class. The purposes of homework are to improve the learning processes, to aid in the mastery of skills, and to create and stimulate interest on the part of the student. Homework is a learning activity which should increase in complexity with the maturity of the student. With increased maturity, learning should become an independent activity. This should be established through consistent assignments which encourage students to investigate for themselves and to work independently as well as with others. Homework assignments should be consistent in terms of the amount given each day and the time required for each assignment so that a pattern of meaningful homework can be established by the teacher and/or the student. The information for any homework assignment should be clear and specific so that the student can complete the assignment. Homework assignments should take into consideration individual differences of students such as health, ability, conditions at home, and educational resources at home. Homework should not require the use of reference materials not readily available in most homes, school libraries, or the public library, and should require the use of those materials only when the student has had instruction in the use of them. -44- There are many other learning activities in the life of a student besides homework. Such things as participating in school activities, pursuing cultural interests, participating in family living, and exploring personal interests should be considered by teachers when planning consistent assignments. Homework is not to be used as a form of punishment under any circumstances. File: IKB-E HOMEWORK I. Philosophy The purposes of homework include the following: to enhance students’ achievement; to help students become self-directed, responsible, and independent learners; and to communicate with families about what is happening in the classroom. Homework is a shared responsibility among the student, teacher, and family. Parents can expect homework to be • Planned and well organized by the teacher. • Consistent with the needs and abilities of students. • Purposeful to students. • Reviewed with feedback given to students in a timely manner. Homework may be assigned to be completed outside of the school day for • Practice and Review - to help students consolidate and master specific content, skills, and processes which have been presented in class. • Preparation -to help students gain the maximum benefits from future lessons. • Extension - to provide students with opportunities to transfer specific processes or concepts to new situations. • Creativity - to require students to integrate many concepts, skills, and processes in order to produce original responses. II. Supporting Research Research strongly supports the following • A reasonable amount of study and preparation outside of class time is necessary for the scholastic growth of students. • The amount of homework should increase as the child progresses through the grades. • Student achievement rises significantly when teachers regularly assign homework and students conscientiously do it. • Homework teaches students to be self-directed, independent learners. • Homework helps students to develop good work habits. • Homework helps students to learn to budget time effectively. • Homework gives students experience in following directions, making judgments and comparisons, raising additional questions for study, and developing responsibility and selfdiscipline. • Assignments should be individualized and clearly defined. • Assignments should provide an opportunity for imagination and creativity. • Feedback to students is essential for homework to be of value. • Homework expectations should be clearly outlined and communicated to students and families. III. Administrative Responsibilities -45- The school administrator will • Ensure that the teaching staff is adhering to the homework policy. • Review the established homework policy with the teaching staff. • Develop specific grade level and subject matter guidelines within the framework of the general policy where needed. • Provide professional development workshops and/or informational materials for the teaching staff. • Communicate the policy to parents and the community. IV. Teacher Responsibilities The classroom teacher will • Set out homework expectations early in the school year and implement them consistently. • Carefully plan and organize homework assignments in accordance with time and length guidelines. • Implement a routine, consistent system for assigning homework. • Assign homework congruent with students’ needs. • Make clear in assigning homework to students the purposes of the assignment, the guidelines for completion, and the basis for evaluating the work performed. • Monitor and check for student understanding of the assignment and the skills necessary to successfully complete the homework. • Provide students with rubrics that will be the basis of evaluation for long-term projects, reports, and research. • Collect homework assignments on the date specified. • Review, acknowledge, and return homework within one or two days for daily assignments. • Be consistent about how homework assignments are assessed. • Assess homework through the use of rating scales, checklists, anecdotal records, and scoring rubrics that identify specific criteria for success. • Utilize homework to locate problems in student progress and to individualize instruction. • Confer with families regarding concerns as they arise. • Work with colleagues to develop a consistent pattern for homework expectations between and across grade levels, disciplines and courses, and work to coordinate assignments across disciplines. V. Family Responsibilities Families will • Provide encouragement and support; show interest in their children’s work. • Assist students in developing good study habits by providing a comfortable, well-lit area free from distractions. • Provide supplies needed to complete homework assignments. • Evaluate their children’s activities to be sure they have sufficient time to study and participate in family or outside activities. Schedule a regular time for homework completion. Question students about their assignments. Monitor homework completion and the efficient use of time. • Encourage students to complete their own homework independently, unless otherwise specified. • Confer with teachers regarding homework concerns. • Review teacher comments on homework assignments. Supervise the signing and returning of homework forms, notes, and schedules as required by the teacher. • Acknowledge responsible homework habits and effort. VI. Student Responsibilities -46- The student will • Understand homework assignment before leaving school. • Have a routine location and system to record daily assignments (e.g., planner, assignment book). • Take home all necessary materials to complete assignments. • Schedule and organize homework time that is free from distraction and compatible with family and/or after-school activities. • Complete and return homework on time. • Confer with teachers regarding homework concerns. VII. Time Length per Day The following suggested times for daily homework are guidelines to be generally followed. Individual students may require less or more time for assignments. If students are consistently spending significantly longer on assignments, families should consult with the teacher(s). Kindergarten Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6, 7 & 8 Grades 9-12 Occasional assignments 15 minutes (Mon. - Thurs.) 30 minutes (Mon. - Thurs.) 30-45 minutes (Mon. - Thurs.) 45-60 minutes (4 times per week) 60-75 minutes (4 times per week) 75-120 minutes 90-180 minutes with an average of 30 minutes per course These guidelines are appropriate for daily assignments. Homework may also involve long-term projects, products, or performances that serve as a demonstration of student learning. Long-term assignments should be made well in advance of the due date and should include incremental checkpoints or benchmarks to help students complete them successfully. VIII. Summer Reading Program Summer reading programs at all levels are designed to help students maintain and extend literacy skills over the extended school break. The elementary (K-5) program is a voluntary, incentive program. Required summer reading at the middle and high school levels complements the curriculum and will contribute to the first quarter language arts grade. File: IMB TEACHING ABOUT CONTROVERSIAL ISSUES/CONTROVERSIAL SPEAKERS An important goal of the schools is to help prepare students for intelligent and conscientious participation as citizens in our democratic society. One step toward meeting this goal is to introduce students to reasoned and dispassionate approaches to the analysis of contemporary social and political issues. To insure that these issues can be examined in an atmosphere as free from emotion and prejudice as the times permit, the School Committee establishes the following guidelines for discussion of controversial issues in the schools. Teacher-Planned Classroom Discussions 1. Controversial issues selected by teachers for classroom discussion must relate directly to -47- the objectives and content of courses approved by the School Committee for inclusion in the curriculum. 2. The teachers' right to introduce controversial issues in classroom presentations does not include the right of advocacy. Teachers must refrain from using their positions to express partisan points of view. 3. The approach to discussion of these issues in the classroom must be objective and scholarly with minimum emphasis on opinion and maximum emphasis on intelligent analysis. 4. Teachers must ensure that the reasoned arguments of all sides of an issue are given equal presentation and emphasis in classroom discussions. 5. Teachers may invite visitors from outside the schools to give presentations on controversial issues when the visitors offer qualifications and resources not available in the schools. All visitors are to be guided by the standards of language usage that prevail in the classrooms and by the standards of scholarly inquiry set forth above. Whenever possible, teachers who invite visitors to present one side of an issue will also invite visitors to present the other side(s). 6. In all cases teachers must obtain from the appropriate Principal permission to invite visitors for classroom presentations. Permission must be requested at least 48 hours before the scheduled time of presentation. Student-Initiated Forums on Controversial Issues Student groups may request permission to conduct forums on controversial issues in the schools. The Principal may grant such requests under the following conditions: 1. Preparation for presentation of a forum will not cause any student or teacher to miss class and will not cause the cancellation of any class 2. Adequate advance planning must be conducted for each forum. A request to hold a forum must be received by the Principal at least three weeks before the scheduled date of presentation. For each request the Principal will appoint, after consultation with the requesting student group, an adult advisory group consisting of at least two parents and two faculty members. 3. The standards for approach to discussion, style of presentation, and use of visitors as defined above will apply to student-initiated forums. Requests from Groups or Individuals Outside the Schools No permission will be granted non-school groups or individuals to make presentations on controversial issues in the schools during school hours. Requests for after-school or evening use will be processed in accordance with the Committee's policy on community use of school facilities. No permission will be granted outsiders for distribution of literature on controversial issues to students in general or to class groups. A Principal may grant an outside group or individual permission to post one notice of a public meeting for -48- discussion of issues if the language of that notice conforms to the standards that prevail in the community. The Principal will determine the appropriate bulletin board for such notices. File: IMD SCHOOL CEREMONIES AND OBSERVANCES The United States Constitution and the Constitution of the State of Massachusetts and related court rulings clearly establish the concept of "church and state separation" and the "preclusion of sectarian instruction in public schools." In order to help staff members abide by the spirit and letter of the law, and to avoid compromising any student's religious or conscientious beliefs or freedoms, the following guidelines have been established: The observance of religious holidays is not the responsibility of the public schools. While it is recognized that many activities are initiated with the approach of major holidays in order to capitalize on the readiness and interest that is generated at these times, it should be understood that such occasions frequently have religious underpinnings. Care should be taken to relate only to secular aspects of these holidays. Music programs given at times close to religious holidays should not use religious aspect of these holidays as the underlying motive or theme. Although religious music is appropriate in the schools to the extent that it is sung or presented for musical rather than religious content, its use should not violate the secular nature of the school. Pageants, plays, recitals, and other literary or dramatic activities should not be used to convey religious messages. While the holidays represent a valid source of ideas for meaningful school art experiences, teachers should avoid assigning or encouraging art work that promotes religious aspects of such holidays. If, however, individual students choose to use a religious personage, event, or symbol as the vehicle for an artistic expression, they should be allowed to take this action. The above statements should not be interpreted to preclude the factual and objective teaching about religions, religious holidays, and religious differences. Such instruction will be permitted in the schools since insights in this area can enhance the mutual understanding needed by all the people in a pluralistic society. File: JA STUDENT POLICIES GOALS The student is the focal point of all operations of a school system. This top priority is shared with no one. Consequently, the School Committee can expect to spend much of its time in study, deliberation, and policy formulation on matters directly related to students. The Committee and staff will work together to establish an environment conducive to the very best learning achievements for each student through meeting the following goals regarding students: 1. To individualize the learning program in order to provide appropriately for each student according to his/her specific background, capabilities, learning styles, interests, and aspirations. -49- 2. To protect and observe the legal rights of students. 3. To enhance the self-image of each student by helping him/her feel respected and worthy through a learning environment that provides positive encouragement through frequent success. 4. To provide an environment of reality in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens. 5. To deal with students in matters of discipline in a just and constructive manner. 6. To provide in every way possible for the safety, health, and welfare of students. 7. To promote faithful attendance and good work. File: JICFA PROHIBITION OF HAZING In accordance with Massachusetts General Laws, Chapter 536 of the Acts of 1985, the School Committee hereby deems that no student, employee or school organization under the control of the School Committee shall engage in the activity of hazing a student while on or off school property, or at a school sponsored event regardless of the location. No organization that uses the facilities or grounds under the control of the School Committee shall engage in the activity of hazing any person while on school property. Any student who observes what appears to them to be the activity of hazing another student or person should report such information to the Principal including the time, date, location, names of identifiable participants and the types of behavior exhibited. Students and employees of the District are obligated by law to report incidents of hazing to the police department. Any student who is present at a hazing has the obligation to report such an incident. Failure to do so may result in disciplinary action by the school against that student and could involve suspension from school for up to three days. Any student who participates in the hazing of another student or other person may, upon the approval of the Superintendent of Schools, be suspended from school for up to ten (10) school days. Any student determined by the Principal to be the organizer of a hazing activity may be recommended for expulsion from school but will receive no less disciplinary action than that of a participant. In all cases relating to hazing, students will receive procedural due process. File: JICFA-E HAZING CH. 269, S.17. CRIME OF HAZING; DEFINITION; PENALTY Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished -50- by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or by both such fine and imprisonment. The term "hazing" as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation. Notwithstanding any other provisions of this section to be contrary, consent shall not be available as a defense to any prosecution under this action. CH. 269, S.18. DUTY TO REPORT HAZING Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars. CH. 269, S.19. HAZING STATUTES TO BE PROVIDED; STATEMENT OF COMPLIANCE AND DISCIPLINE POLICY REQUIRED Each secondary school and each public and private school or college shall issue to every group or organization under its authority or operating on or in conjunction with its campus or school, and to every member, plebe, pledge or applicant for membership in such group or organization, a copy of this section and sections seventeen and eighteen. An officer of each such group or organization, and each individual receiving a copy of said sections seventeen and eighteen shall sign an acknowledgment stating that such group, organization or individual has received a copy of said sections seventeen and eighteen. Each secondary school and each public or private school or college shall file, at least annually, a report with the regents of higher education and in the case of secondary schools, the Board of Education, certifying that such institution has complied with the provisions of this section and also certifying that said school has adopted a disciplinary policy with regards to the organizers and participants of hazing. The Board of Regents and, in the case of secondary schools, the Board of Education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such a report. File: JICFB WILMINGTON PUBLIC SCHOOLS Anti-Bullying Policy May 12, 2010 The Wilmington Public School System is committed to making our learning environment a safe and caring place for all students. We will treat each other with respect and we will refuse to tolerate bullying in any form in our district. Students in our district are being taught through prevention programs to identify, refuse to tolerate, cope with, and report bullying behavior. In each school, interventions for students who engage in bullying behaviors will be clearly outlined and behaviors will be assessed on a continuum from mild to severe that is appropriate to the developmental level of the student(s). -51- “Bullying means the severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of: (i) causing physical or emotional harm to the other student or damage to the other student’s property; (ii) placing the other student in reasonable fear of harm to himself or of damage to his property; (iii) creating a hostile environment at school for the other student; (iv) infringing on the rights of the other students at school; or (v) materially and substantially disrupting the education process or the orderly operation of a school.” “Cyber-bullying” means bullying through the use of technology or any electronic means. “Perpetrator” means the student/staff member who engages in bullying or retaliation. “Victim” means the student/staff member who has been bullied or retaliated against “School grounds” means property on which a school building or facility is located; or property that is owned, leased or used by a school district, for any school-sponsored activities, functions, programs, instruction or training. The use of bullying in this section shall include cyber-bullying. Bullying is prohibited on school grounds; at school-sponsored or school-related activities, functions or programs whether on or off school grounds; at school bus stops; on school buses or other vehicles owned, leased or used by a district or school; or through the use of technology or an electronic device owned, leased or used by the school district. Bullying is also prohibited at a location, activity, function or program that is not school-related or through the use of technology or an electronic device that is not owned, leased or used by a district or school if the act or acts in question create a hostile environment at school for the victim, infringe on the rights of the victim at school, or materially and substantially disrupt the education process or the orderly operation of a school. Like harassment, bullying situations take into account the perception of the victim and not just the individual or group action. Examples of bullying may occur in various environments such as the bus, gym, sport fields, bathroom, locker room, classroom, hallway, internet, playground, cafeteria, and may include, but are not limited to: Intentionally hurting someone physically by hitting, kicking, tripping, pushing, and so on. Embarrassing someone on purpose. Stealing or purposely damaging another person’s things. Ganging up on someone. Saying something hurtful using various forms of media, including but not limited to, print, text messaging, email and instant messaging, social networks, audio and/or video systems and technologies. Teasing someone in a hurtful way. Using put-downs, such as insulting someone’s differences. Threatening or intimidating someone into a particular action. Spreading rumors about someone on purpose to be hurtful. Leaving someone out on purpose. -52- Trying to get other students to exclude someone. Staff in our district will do the following things to prevent bullying and help children feel safe at school: Supervise students according to building expectations. Intervene safely and effectively in all bullying situations. Integrate bullying prevention into the culture of each school. o Post Anti-Bullying Policy o Provide parent and staff training o Provide student training Respond quickly and sensitively to bullying reports. Take seriously families’ and students’ concerns about bullying. Look into all reported bullying incidents. Assign consequences for bullying based on the school discipline code. Provide immediate consequences for retaliation against students who report bullying. Bullying situations will be responded to on an individual, case-by-case basis. Dependent upon the level of bullying behavior, police may be notified and/or become involved. Students in our district will do the following things to prevent bullying: Treat each other respectfully. Refuse to bully others. Refuse to stand by and let others be bullied. Refuse to watch, laugh, or join in when someone is being bullied. Try to include everyone, especially those who are often left out. Report bullying to an adult. The School Committee encourages parents to immediately report bullying to school administrators. Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying is prohibited. This policy is designed to disrupt a negative pattern of bullying behavior. It is an integrated approach which incorporates disciplinary action, behavior management, preventative education, and restorative justice (a balanced approach to the needs of the victim, wrongdoer, and community through processes that preserve the safety and dignity of all). The School Committee expects administrators to make clear to students and staff that bullying will not be tolerated and will be grounds for disciplinary action up to and including suspension and expulsion for students, and termination for employees. The Superintendent will develop administrative guidelines and procedures for implementation of this policy, including A student complaint process, A reporting process for staff, An investigation process, A process for communication with parents/guardians, and Recordkeeping and reporting. The Superintendent will publish disciplinary policies in Student Handbooks, which shall prohibit bullying and shall include the bullying prevention and intervention plan required by Chapter 71 section 37 of the Laws of the Commonwealth. Student handbooks shall include age-appropriate summaries of the studentrelated sections of the district’s bullying prevention and intervention plan. Reference: Section 1D of Chapter 69 Section 37H of Chapter 71 -53- Section 37O of Chapter 71 Section 98C of Chapter 272 File: JICJA STUDENT USE OF ELECTRONIC DEVICES Unauthorized use of electronic devices, including but not limited to cell phones, camera phones, digital cameras, video cameras and portable listening devices during school time is prohibited. If a device is visible, then it is considered “in use”. Anyone violating this regulation will have his or her electronic device confiscated until their parents can arrange to pick it up. Future violations will result with confiscation of the electronic device, arrangement for parental pick up, and that student not being allowed to have the device in school for the remainder of the school year. Punitive action for subsequent violations will be at the discretion of the school principal. SOURCE: Wilmington Policy Revised: 6/11/2008 ELECTRONIC DEVICES During the school day, students may carry silenced electronic mobile devices on their person. The following list outlines what is considered to be the appropriate use of electronic devices at Wilmington High School: Cell phones and personal audio devices may only be used by students during a student’s designated lunch time and during the between-class period hallway passing time. Students may only use cell phones or other electronic devices during instructional time if it is approved by the classroom teacher for educational purposes. Classroom teachers have the right to allow the use of mobile devices (e.g. cell phones, laptops, iPods, and personal data assistants) during instructional time for instructional purposes only. (Instructional time includes classroom time, assemblies, or any other time which is monitored by a teacher) The unauthorized use of mobile devices during instructional time, or in a disruptive manner in the school environment is expressly prohibited. This includes the use of recording /video/camera features on a cell phone or electronic mobile device. Personal use of cell phones beyond these times and authorized areas are not allowed. Students found engaging in use of any electronic device in an unauthorized area or at an unauthorized time for any reason or found sharing or having shard inappropriate materials via phones, email, social media, or other electronic means will be subject to the following disciplinary action: FIRST OFFENSE: Devise is confiscated by an administrator to be retrieved at the end of the school day by the student. SECOND OFFENSE: Student will turn in device to the Assistant Principal and a parent must retrieve the device at the end of the school day. Additionally the student must turn in the device each day at the start of the school day for a period of 5 school days. Students may pick up the device at the end of each school day. SUBSEQUENT OFFENSES: Student will turn in device to the Assistant Principal and a parent must retrieve the device at the end of the school day. Additionally the student must turn in the device each day at the start of the school day for a period of 10 school days. Students may pick up the device at the end of each school day. Additional days will be added as offenses accumulate. -54- Any student who uses an electronic device in an unlawful manner or who unlawfully shares inappropriate materials via phones, email, social media, or other electronic means may be subject to severe disciplinary action, including, but not limited to, ten days of outof-school suspension, daily confiscation of electronic devices for the remainder of the school year, and/or any other disciplinary action as deemed appropriate by school administration. File: JII STUDENT COMPLAINTS AND GRIEVANCES The School Committee recognizes that there may be conditions in the school system that are in need of improvement and that students should have some means by which their concerns may be effectively expressed, considered, and dealt with fairly. Such means, if well conceived and understood in advance, can do much to maintain harmonious relationships among the schools and the students and community. The traditional "open door" policy in the public school system will be continued. Students--and their parents and/or guardians--who believe that the students have received unfair treatment in the form of disciplinary action will have the right to appeal. Any applicable provisions of the Massachusetts General Laws or federal law will be followed by school officials in conducting hearings and reviews of student grievances. In general, appeals procedures will begin with the authority imposing the penalty (for example, Principal or teacher) and may ultimately be referred to the Superintendent and on to the School Committee, which possesses the ultimate authority for discipline in the school system. Every attempt will be made to seek a satisfactory solution to any legitimate grievance in a friendly and informal manner. In order to keep such discussions within a practical size, no more that six student representatives will be permitted to participate with the Principal, staff members, or School Committee members who may be involved. File: JJF STUDENT ACTIVITY ACCOUNTS Student funds may be raised to finance the activities of authorized student organizations. Student activity funds are considered a part of the total fiscal operation of the District and are subject to policies established by the School Committee and the Office of the Superintendent. The funds shall be managed in accordance with sound business practices, which include accepted budgetary and accounting practices. In compliance with Massachusetts General Law Chapter 71, Section 47, the School Committee: 1. Authorizes the Principals to accept money for recognized student activity organizations, which currently exist, or as from time to time may be revised. 2. Authorizes the Town Treasurer to establish and maintain a Student Activity Agency Account(s) which is to be audited as part of the Town’s annual audit. The interest that is earned on such accounts shall be maintained in the Agency Account and distributed annually among the Student Activity Checking Accounts as directed by the regulations established by School Committee policy. 3. Authorizes Student Activity Checking Accounts for use by the Principals with specific maximum balances established for each school by School Committee policy. -55- 4. Directs Principals to provide the Treasurer with a bond in an amount agreeable to the Treasurer. The activities fund of each school shall be audited by an external auditor under the supervision of the Director of Administration and Finance, who shall submit a report to the School Committee annually. File: JJH STUDENT TRAVEL All student trips which include late night or overnight travel must have prior approval of the School Committee. Initial approval by the School Committee is required before engaging students in fundraising activities. The School Committee will also consider the educational value of the trip in relation to the cost prior to granting initial approval. Overnight trips should offer significant educational benefits to students that clearly justify the time and expense of the trip. Such trips should be appropriate for the grade level. Final approval will not be granted until all preparations for the trip have been completed including, but not limited to, all logistical details involving transportation, accommodation arrangements and fundraising efforts. The School Committee requires that final approval be sought no less than 30 days prior to the scheduled trip dates. Teachers and other school staff are prohibited from soliciting for privately run trips through the school system and in the schools. The School Committee will only review for approval school-sanctioned trips. The School Committee will not review or approve trips that are privately organized and run without school sanctioning. File: JJH-R STUDENT TRAVEL REGULATIONS 1. Transportation The use of vans or private automobiles for trips planned to include late night or overnight student travel is prohibited. Late night or overnight trips will use commercial motor coaches. Trips planned to include late night or overnight student travel will include a pre-trip check of companies, drivers, and vehicles. CORI checks will be conducted in accordance with Massachusetts General Laws Chapter 71, section 38R. The Superintendent or designee will ensure that the selected carrier is licensed for passenger transportation by the Federal Motor Carrier Safety Administration (FMCSA). The district will not contract with any carrier that has a safety rating of “conditional” or “unsatisfactory”. FMCSA ratings are available at http://www.safersys.org/. The contract with the carrier will prohibit the use of subcontractors unless sufficient notice is given to the district that allows verification of the subcontractor’s qualifications. 2. Trip Scheduling Overnight accommodations should be made in advance with student safety and security in mind. Whenever possible, trip schedulers should avoid planning student travel between the hours of midnight and 6:00 a.m., due to the increased risk of vehicular accidents during this time period. Whenever possible, overnight trips should be scheduled on weekends or during school vacations to minimize lost classroom time. Non-academic field trips are considered “optional school -56- programs” and do not count toward meeting structured learning time requirements. (Refer to the Massachusetts Department of Education publication Student Learning Time Regulations Guide) Trip itineraries must leave enough time for drivers to rest in conformity with federal hour-ofservice requirements and common sense. Trip scheduling should take into account the likelihood of delays due to weather, traffic, stragglers, and other unanticipated factors. If substantially all members of a class are participating in a trip, the school should provide appropriate substitute activities for any students not participating. 3. Fundraising The amount of time to be devoted to fundraising should be reasonable and commensurate with students’ obligations for homework, after-school activities, and jobs. Group fundraising activities are preferred. Students should not be assigned individual fundraising targets. If students are charged individual fees for participation, every effort should be made to provide scholarships where needed. File: JJIF-R ATHLETIC CONCUSSION REGULATIONS Section I. What is a Concussion? A concussion is defined as a transient alteration in brain function without structural damage, but with other potentially serious long-term ramifications. In the event of a concussion, the brain sustains damage at a microscopic level in which cells and cell membranes are torn and stretched. The damage to these cells also disrupts the brain at a chemical level, as well as causing restricted blood flow to the damaged areas of the brain, thereby disrupting brain function. A concussion, therefore, is a disruption in how the brain works; it is not a structural injury. Concussions are difficult to diagnose because the damage cannot be seen. A MRI or CT Scan cannot diagnose a concussion, but they can help rule out a more serious brain injury to a student athlete. Because concussions are difficult to detect, student athletes must obtain medical approval before returning to athletics following a concussion. Section II. Mechanism of Injury: A concussion is caused by a bump, blow or jolt to the head or body. Any force that causes the brain to bounce around or twist within the skull can cause a concussion. A bump, blow or jolt to the head or body can be caused by either indirect or direct trauma. The two direct mechanisms of injury are coup-type and contrecoup-type. Coup-type injury is when the head is stationary and struck by a moving object such as another player’s helmet, a ball, or sport implement, causing brain injury at the location of impact. Contrecoup-type injury occurs when the head is moving and makes contact with an immovable or slowly moving object as a result of deceleration, causing brain injury away from the sight of impact. Indirect forces are transmitted through the spine and jaw or blows to the thorax that whip the head while the neck muscles are relaxed. Understanding the way in which an injury occurred is vital in understanding and having a watchful eye for athletes who may exhibit symptoms of a concussion so these student athletes can receive the appropriate care. Section III. Signs and Symptoms: Signs (what you see): -57- · Confusion · Forgets plays · Unsure about game, score, opponent · Altered coordination · Balance problems · Personality change · Slow response to questions · Forgets events prior to injury (retrograde amnesia) · Forgets events after injury (anterograde amnesia) · Loss of consciousness (any duration) Symptoms (reported by athlete): · Headache · Fatigue · Nausea or vomiting · Double vision/ blurry vision · Sensitivity to light (photophobia) · Sensitivity to noise (tinnitus) · Feels sluggish · Feels foggy · Problems concentrating · Problems remembering · Trouble with sleeping/ excess sleep · Dizziness · Sadness · Seeing stars · Vacant stare/ glassy eyed · Nervousness · Irritability · Inappropriate emotions If any of the above signs or symptoms are observed after a suspected blow to the head, jaw, spine or body, they may be indicative of a concussion and the student athlete must be removed from play immediately and not allowed to return until cleared by an appropriate allied health professional. Section IV. Management and Referral Guidelines: 1. When an athlete loses consciousness for any reason, the athletic trainer will start the EAP (Emergency Action Plan) by activating EMS; check ABC’s (airway, breathing, circulation); stabilize the cervical spine; and transport the injured athlete to the appropriate hospital via ambulance. If the athletic trainer is not available, the coach should immediately call EMS, check ABCs and not move the athlete until help arrives. 2. Any athlete who is removed from the competition or event and begins to develop signs and symptoms of a worsening brain injury will be transported to the hospital immediately in accordance with the EAP. Worsening signs and symptoms requiring immediate physician referral include: A. Amnesia lasting longer than 15 minutes B. Deterioration in neurological function C. Decreasing level of consciousness D. Decrease or irregularity of respiration E. Decrease or irregularity in pulse F. Increase in blood pressure G. Unequal, dilated, or unreactive pupils -58- H. Cranial nerve deficits I. Any signs or symptoms of associated injuries, spine or skull fracture, or bleeding J. Mental-status changes: lethargy, difficulty maintaining arousal, confusion, agitation K. Seizure activity L. Vomiting/ worsening headache M. Motor deficits subsequent to initial on-field assessment N. Sensory deficits subsequent to initial on-field assessment O. Balance deficits subsequent to initial on-field assessment P. Cranial nerve deficits subsequent to initial on-field assessment Q. Post-Concussion symptoms worsen R. Athlete is still symptomatic at the end of the game 3. After a student athlete sustains a concussion, the athletic trainer will use the Standardized Assessment for Concussion (SAC) to assess and document the student athlete’s concussion. The athletic trainer will also report on the student athlete’s signs and symptoms by using the Signs and Symptoms Check-List. On the signs and symptoms checklist, the athletic trainer will also check pulse and blood pressure of each student athlete with a suspected concussion. After the initial evaluation of a concussion, all signs and symptoms will be tracked on the computer using the ImPact Test. 4. Any athlete who is symptomatic but stable is allowed to go home with his/her parent(s)/guardian(s) following the head injury. A. If the head injury occurs at practice, parent(s)/guardian(s) will immediately be notified and must come and pick up the student athlete and talk to the certified athletic trainer in person. B. If the injury occurs at a game or event the student athlete may go home with the parent/guardian(s) after talking with the certified athletic trainer. C. Parent(s)/guardian(s) will receive important information regarding signs and symptoms of deteriorating brain injury/function prompting immediate referral to a local emergency room as well as return to play requirements. Parent(s)/guardian(s), as well as student athletes, must read and sign the Concussion Information and Gradual Return to Play form and bring it back to the certified athletic trainer before starting with the return to play protocol. V. Gradual Return to Play Protocol: 1. Student athletes, with the consent of their parent(s)/guardian(s), will start taking the ImPact Test (or other approved test identified by the School District). The ImPact Test is a tool that helps manage concussions, determine recovery from injury, and is helpful in providing proper communication between coaches, parents and clinicians. The ImPact Test is a neurocognitive test that helps measure student athletes’ symptoms, as well as test verbal and visual memory, processing speed and reaction time. It is mandatory for all student athletes to take the ImPact Test for a baseline score in accordance with Massachusetts State Law. The law states that all public schools must develop safety protocols on concussions and all public schools must receive information on past concussion history. The ImPact Test appears to be a promising tool in monitoring a student athlete’s prior concussions, as well as any future concussions. 2. Each student athlete will complete a baseline test at the beginning of their sport season. All student athletes and club cheerleading members will undergo ImPact testing. Student athletes will be retested every other year. If a student athlete plays more than one sport during the academic year, their test will remain valid. For example, if a soccer student athlete also plays basketball in the winter, the student athlete will not have to take the ImPact Baseline Test again in the winter. If a student athlete posts scores below the norm, the student athlete will be re-tested at another time with either the certified athletic trainer or school nurse. Student athletes cannot begin practice until a valid baseline score is obtained during their designated time to take the test. -59- A. At the beginning of every sport season, student athletes are required to complete a concussion history form and return it to the athletic department. This information will be recorded in the student information system for tracking purposes. B. Following any concussion the athletic trainer must notify the athletic director and school nurses. C. Following a concussion the student athlete will take a post-injury test within 24 to 48 hours following the head injury. STUDENT ATHLETES WILL NOT BE ALLOWED TO MOVE ON TO FUNCTIONAL/PHYSICAL TESTING UNTIL THEIR IMPACT TEST IS BACK TO THE BASELINE SCORE AND ASYMPTOMATIC. After a student athlete takes their first post injury test, the student athlete will not be re-tested again for 5 days. D. If, after the first post-injury ImPact test, the athlete is not back to his/her baseline the parent/guardian(s) will be notified, and the student athlete will be referred to their healthcare provider and must have the Concussion Information and Gradual Return to Play form signed by a physician, physician assistant, licensed neuropsychologist or nurse practitioner stating when the athlete is allowed to return to play. E. Following a post-injury test, the certified athletic trainer will take the Concussion Information and Gradual Return to Play form signed by the parent(s)/guardian(s) and fill in the date of all post-injury tests taken by each student athlete. F. The certified athletic trainer will also document the date on which the athlete is asymptomatic and sign the document agreeing that all the above statements are true and accurate. G. Once the athlete starts on the exertional post concussion tests, the parent(s)/guardian(s) will be notified and the athlete will be sent home with all signed documents relating to head injury. At this time the parent/guardian(s) must bring the student athlete to a licensed physician, licensed neuropsychologist, licensed physician assistant, nurse practitioner or other appropriately trained or licensed healthcare professional to be medically cleared for participation in the extracurricular activity. H. Student athletes who continue to exhibit concussion symptoms for a week or more must be evaluated by a physician before returning to play. I. Once a student athlete’s post-injury test is back at the student athlete’s baseline score, the student athlete will go through 5 days of Exertional Post Concussion Tests. The student athlete must be asymptomatic for all functional and physical tests to return to play (RTP). All tests will be administered by a certified athletic trainer. Exertional Post Concussion Tests: A. Test 1: (30% to 40% maximum exertion): Low levels of light physical activity. This will include walking, light stationary bike for about 10 to 15 minutes. Light isometric strengthening (quad sets, UE light hand weights, ham sets, SLR’s, resistive band ankle strengthening) and stretching exercises. B. Test 2: (40% to 60% maximum exertion): Moderate levels of physical activity. Treadmill jogging, stationary bike, or elliptical for 20 to 25 minutes. Light weight strength exercises (resistive band exercises UE and LE, wall squats, lunges, step up/downs. More active and dynamic stretching. C. Test 3: (60% to 80% maximum exertion). Non-contact sports specific drills. Running, high intensity stationary bike or elliptical 25 to 30 minutes. Completing regular weight training. Start agility drills (ladder, side shuffle, zig-zags, carioca, box jumps, and hurdles). D. Test 4: (80% maximum exertion). Limited, controlled sports specific practice and drills. E. Test 5: Full contact and return to sport with monitoring of symptoms. Section VI. School Nurse Responsibilities: 1. Assist in testing all student athletes with baseline and post-injury ImPact testing. 2. Participate and complete the CDC training course on concussions. A certificate of completion will be recorded by the nurse leader yearly. 3. Complete symptom assessment when student athlete enters Health Office (HO) with questionable concussion during school hours. Repeat in 15 minutes. 4. Observe students with a concussion for a minimum of 30 minutes. 5. If symptoms are present, notify parent/guardian(s) and instruct parent/guardian(s) that student must be evaluated by an MD. -60- (a) If symptoms are not present, the student may return to class. 6. If symptoms appear after a negative assessment, MD referral is necessary. 7. Allow students who are in recovery to rest in HO when needed. 8. Develop plan for students regarding pain management. 9. School nurse will notify teachers and guidance counselors of any students or student athletes who have academic restrictions or modifications related to their concussion. 10. Educate parents and teachers about the effects of concussion and returning to school and activity. 11. If injury occurs during the school day, inform administrator and complete accident/incident form. 12. Enter physical exam dates and concussion dates into the student information system. Section VII. School Responsibilities: 1. Review and, if necessary, revise, the concussion policy every 2 years. 2. Once the school is informed of the student’s concussion, a contact or “point person” should be identified (e.g. the guidance counselor, athletic director, school nurse, school psychologist or teacher). 3. Point person to work with the student on organizing work assignments, making up work and giving extra time for assignments and tests/quizzes. 4. Assist teachers in following the recovery stage for student. 5. Convene meeting and develop rehabilitative plan. 6. Decrease workload if symptoms appear. 7. Recognize that the student’s ability to perform complex math equations may be different from the ability to write a composition depending on the location of the concussion in the brain. 8. Educate staff on the signs and symptoms of concussions and the educational impact concussions may have on students. 9. Include concussion information in student handbooks. 10. Develop a plan to communicate and provide language-appropriate educational materials to parents with limited English proficiency. Section VIII. Athletic Director Responsibilities: 1. Provide parents, athletes, coaches, and volunteers with educational training and concussion materials yearly. 2. Ensure that all educational training programs are completed and recorded. 3. Ensure that all students meet the physical exam requirements consistent with 105 CMR 200.000 prior to participation in any extracurricular athletic activity 4. Ensure that all students participating in extracurricular athletic activity have completed and submitted their pre-participation forms, which include health history form, concussion history form, and MIAA form. 5. Ensure that athletes are prohibited from engaging in any unreasonably dangerous athletic technique that endangers the health or safety of an athlete, including using a helmet or any other sports equipment as a weapon. 6. Ensure that all head injury forms are completed by parent/guardian(s) or coaches and reviewed by the coach, athletic trainer, school nurse and school physician. 7. Inform parent/guardian(s) that, if all necessary forms are not completed, their child will not participate in athletic extracurricular activities. Section IX. Parent/Guardian Responsibilities: 1. Complete and return concussion history form to the athletic department. 2. Inform school if student sustains a concussion outside of school hours. Complete new concussion history form following new injury. 3. If student suffers a concussion outside of school, complete head injury form and return it to the school nurse. 4. Complete a training provided by the school on concussions and return certificate of completion to the athletic department. -61- 5. Watch for changes in your child that may indicate that your child does have a concussion or that your child’s concussion may be worsening. Report to a physician: A. Loss of consciousness B. Headache C. Dizziness D. Lethargy E. Difficultly concentrating F. Balance problems G. Answering questions slowly H. Difficulty recalling events I. Repeating questions J. Irritability K. Sadness L. Emotionality M. Nervousness N. Difficulty with sleeping 6. Encourage your child to follow concussion protocol. 7. Enforce restrictions on rest, electronics and screen time. 8. Reinforce recovery plan. 9. Request a contact person from the school with whom you may communicate about your child’s progress and academic needs. 10. Observe and monitor your child for any physical or emotional changes. 11. Request to extend make up time for work if necessary. 12. Recognize that your child will be excluded from participation in any extracurricular athletic event if all forms are not completed and on file with the athletic department. Section X. Student and Student Athlete Responsibilities: 1. Complete Baseline ImPact Test prior to participation in athletics. 2. Return required concussion history form prior to participation in athletics. 3. Participate in all concussion training and education and return certificate of completion to the athletic department prior to participation in athletics. 4. Report all symptoms to athletic trainer and/ or school nurse. 5. Follow recovery plan. 6. REST. 7. NO ATHLETICS. 8. BE HONEST! 9. Keep strict limits on screen time and electronics. 10. Don’t carry books or backpacks that are too heavy. 11. Tell your teachers if you are having difficulty with your classwork. 12. See the athletic trainer and/or school nurse for pain management. 13. Return to sports only when cleared by physician and the athletic trainer. 14. Follow Gradual Return to Play Guidelines. 15. Report any symptoms to the athletic trainer and/or school nurse and parent(s)/guardian(s) if any occur after return to play. 16. Return medical clearance form to athletic trainer prior to return to play. 17. Students who do not complete and return all required trainings, testing and forms will not be allowed to participate in sports. Section XI. Coach & Band Instructor Responsibilities: 1. Participate in Concussion Education Course offered by the National Federation of State High School Associations (NFHS) on a yearly basis. Complete certificate of completion and return to the athletic department. 2. Ensure all student athletes have completed ImPact baseline testing before participation. -62- 3. Ensure all student athletes have returned concussion history and health history form prior to participation in athletics. 4. Complete a head injury form if their player suffers a head injury and the athletic trainer is not present at the athletic event. This form must be shared with the athletic trainer and school nurse. 5. Ensure all students have completed a concussion educational training and returned their certificate of completion prior to participation in athletics. 6. Remove from play any student athlete who exhibits signs and symptoms of a concussion. 7. Do not allow student athletes to return to play until cleared by a physician and athletic trainer. 8. Follow Gradual Return to Play Guidelines. 9. Refer any student athlete with returned signs and symptoms back to athletic trainer. 10. Any coach, band instructor, or volunteer coach for extracurricular activities shall not encourage or permit a student participating in the activity to engage in any unreasonably dangerous athletic technique that unnecessarily endangers the health of a student athlete, including using a musical instrument, helmet or any other sports equipment as a weapon. Section XII. Post Concussion Syndrome: Post Concussion Syndrome is a poorly understood condition that occurs after a student athlete receives a concussion. Student athletes who receive concussions can have symptoms that last a few days to a few months, and even up to a full year, until their neurocognitive function returns to normal. Therefore, all school personnel must pay attention to and closely observe all student athletes for post concussion syndrome and its symptoms. Student athletes who are still suffering from concussion symptoms are not ready to return to play. The signs and symptoms of post concussion syndrome are: · Dizziness · Headache with exertion · Tinnitus (ringing in the ears) · Fatigue · Irritability · Frustration · Difficulty in coping with daily stress · Impaired memory or concentration · Eating and sleeping disorders · Behavioral changes · Alcohol intolerance · Decreases in academic performance · Depression · Visual disturbances Section XIII. Second Impact Syndrome: Second impact syndrome is a serious medical emergency and a result of an athlete returning to play and competition too soon following a concussion. Second impact syndrome occurs because of rapid brain swelling and herniation of the brain after a second head injury that occurs before the symptoms of a previous head injury have been resolved. The second impact that a student athlete may receive may only be a minor blow to the head or it may not even involve a hit to the head. A blow to the chest or back may create enough force to snap the athlete’s head and send acceleration/deceleration forces to an already compromised brain. The resulting symptoms occur because of a disruption of the brain’s blood autoregulatory system which leads to swelling of the brain, increasing intracranial pressure and herniation. After a second impact a student athlete usually does not become unconscious, but appears to be dazed. The student athlete may remain standing and be able to leave the field under his/her own power. Within fifteen seconds to several minutes, the athlete’s condition worsens rapidly, with dilated pupils, loss of eye movement, loss of consciousness leading to coma and respiratory failure. The best way to handle second impact syndrome is to prevent it from occurring altogether. All student athletes who incur a concussion -63- must not return to play until they are asymptomatic and cleared by an appropriate health care professional. Section XIV. Concussion Education: It is extremely important to educate coaches, athletes and the community about concussions. On a yearly basis, all coaches must complete the online course called “Concussion In Sports: What You Need to Know”. This course is offered by the National Federation of State High School Associations (NFHS). Student athletes also need to understand the importance of reporting a concussion to their coaches, parents, athletic trainer and other school personnel. Every year student athletes and parents will participate in educational training on concussions and complete a certificate of completion. This training may include: · CDC Heads-Up Video Training, or · Training provided by the school district The school district may also offer seminars, speakers, and discussion panels on the topic of concussions. Seminars offer an opportunity for the certified athletic trainer, athletic director and nurse leader to speak about concussions on the field at practices and games and to discuss the protocol and policy that the district has enacted. Providing education within the community will offer the residents and parents of athletes an opportunity to ask questions and voice their concerns on the topic of brain injury and concussions. When it comes to concussions, everyone needs to be aware of the potential dangers and remember that a concussion is a brain injury. Whenever anyone has a doubt about a student athlete with a concussion, SIT THEM OUT and have them see the appropriate healthcare professional! File: JKAA PHYSICAL RESTRAINT OF STUDENTS Maintaining an orderly, safe environment conducive to learning is an expectation of all staff members of the Wilmington School District. Further, students of the District are protected by law from the unreasonable use of physical restraint. Physical restraint shall be used only in emergency situations after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution. School personnel shall use physical restraint with two goals in mind: 1. To administer a physical restraint only when needed to protect a student and/or a member of the school community from immediate, serious, physical harm; and 2. To prevent or minimize any harm to the student as a result of the use of physical restraint. The following definitions appear at 603CMR 46.02: 1. Extended Restraint: A physical restraint the duration of which is longer than twenty (20) minutes. 2. Physical escort: Touching or holding a student without the use of force for the purpose of directing the student. 3. Physical restraint: The use of bodily force to limit a student’s freedom of movement. -64- The use of mechanical or chemical restraint is prohibited unless explicitly authorized by a physician and approved in writing by the parent/guardian. The use of seclusion restraint is prohibited in the Wilmington Public School education programs. Mechanical restraint – The use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered a mechanical restraint. *Seclusion restraint – Physically confining a student alone in a room or limited space without access to school staff. The use of “Time out” procedures during which a staff member remains accessible to the student shall not be considered “seclusion restraint”. Chemical restraint – the administration of medication for the purpose of restraint. The Superintendent will develop written procedures identifying: Appropriate responses to student behavior, that may require immediate intervention; Methods of preventing student violence, self injurious behavior, and suicide; Descriptions and explanations of the school’s method of physical restraint; Descriptions of the school’s training and reporting requirements; Procedures for receiving and investigating complaints. Each building Principal will identify staff members to serve as a school-wide resource to assist in ensuring proper administration of physical restraint. These staff members will participate in an in-depth training program in the use of physical restraint, which the department of education recommends be at least 16 hours in length. Only school personnel who have received training pursuant to 603CMR 46.00 shall administer physical restraint on students. Whenever possible the administration of physical restraint shall be administered in the presence of at least one adult who does not participate in the restraint. A person administering physical restraint shall only use the amount of force necessary to protect the student from injury or harm. In addition, each staff member will be trained regarding the school’s physical restraint policy. The Principal will arrange training to occur in the first month of each school year, or for staff hired after the beginning of the school year, within a month of their employment. Physical restraint is prohibited as a means of punishment, or as a response to destruction of property, disruption of school order, a student’s refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious physical harm to the student or others. A member of the School Committee or any teacher or any employees or agent of the School Committee shall not be precluded from using such reasonable force as is necessary to protect pupils, other persons or themselves from an assault by a pupil. The program staff shall report the use of physical restraint that lasts longer than five minutes, or results in injury to a student or staff member. The staff member shall inform the administration of the physical restraint as soon as possible, and by written report, no later than the next school day. The Principal or director or his/her designee shall maintain an ongoing record of all reported instances of physical restraint, which, upon request, shall be made available to the Department of Education. -65- When a restraint has resulted in serious injury to a student or program staff member or when an extended restraint has been administered, the program shall provide a copy of the required report to the Department of Education within five (5) school working days of the administration of the restraint. In special circumstances waivers may be sought from parents either through the Individual Education Plan (IEP) process or from parents of students who present a high risk of frequent, dangerous behavior that may frequent the use of restraint. *Time out rooms are only to be used as a part of a signed and documented, agreed upon, parent/guardian approved Behavior intervention Plan (BIP), written under the direction and supervision of a Board Certified Behavior Analyst (BCBA). File: JL STUDENT WELFARE Supervision of Students School personnel assigned supervision are expected to act as reasonably prudent adults in providing for the safety of the students in their charge. In keeping with this expected prudence, no teacher or other staff member will leave his/her assigned group unsupervised except when an arrangement has been made to take care of an emergency. During school hours or while engaging in school-sponsored activities, students will be released only into the custody of parents or other persons authorized in writing by a parent or guardian. Reporting to Authorities - Suspected Child Abuse or Neglect Any school official or employee shall report any suspected child abuse or neglect as required by M.G.L. Ch. 119, S 51A. In accordance with the law, the District shall establish the necessary regulations and procedures to comply with the intent of the Act consistent with the District's responsibility to the students, parents, District personnel, and the community. Student Safety Instruction in courses in industrial arts, science, homemaking, art, physical education, health, and safety will include and emphasize accident prevention. Safety instruction will precede the use of materials and equipment by students in applicable units of work, and instructors will teach and enforce all safety rules set up for the particular courses. These include the wearing of protective eye devices in appropriate activities. Safety on the Playground and Playing Field The District shall provide safe play areas. Precautionary measures, which the District requires, shall include: - A periodic inspection of the school's playground and playing fields by the Principal of the school and others as may be deemed appropriate; - Instruction of students in the proper use of equipment; - Supervision of both organized and unorganized activity. -66- Fire Drills The District shall cooperate with appropriate fire departments in the conduct of fire drills. File: JLCEA LIFE - THREATENING FOOD AND OTHER ALLERGY It is the policy of the Wilmington School Committee to set age-appropriate guidelines for students and schools within the Wilmington system that minimize the risk for children with life-threatening food allergies (LTA) to be exposed to offending allergens that may trigger a life-threatening reaction. Such guidelines shall include: building-based general medical emergency plans, life-threatening food allergy emergency plans, individual healthcare plans for all students diagnosed with LTA, appropriate training of staff, availability of medical equipment on site for quick response to life-threatening allergic reactions, and such other guidelines that will ensure that students with LTA can participate fully in school activities without undue fear of harm from exposure to life-threatening food allergens. It is the School Committee’s expectation that specific building-based guidelines/actions will take into account the health needs and well-being of all children without discrimination or isolation of any child. It is the School Committee’s belief that education and open and informative communication are vital for the creation of an environment with reduced risks for all students and their families. In order to assist children with LTA to assume more individual responsibility for maintaining their safety as they grow, it is the policy of the School Committee that the guidelines shift as children advance through the primary grades and through secondary school. File: JLCEA Health and Safety AUTOMATIC EXTERNAL DEFIBRILLATORS (AED’s) The Wilmington Public School Committee recognizes that from time to time medical emergencies may arise that justify the use of an Automatic External Defibrillator (AED). The Committee will allow the use of these machines by qualified personnel in the schools and for use at athletic events hosted by the district. The Committee recognizes that a public access defibrillation program provides an opportunity for trained responders at participating Wilmington Public Schools to deliver early defibrillation to victims of cardiac arrest. Use of an Automatic External Defibrillator is intended to maximize the chance of survival based upon the steps taken during the critical minutes before Emergency Medical Services (EMS) providers arrive and assume responsibility for care of the patient. Employees of the district will be authorized to utilize an AED only after competing initial and recurrent training courses, successfully, as approved by the American Heart Association for AED’s and CPR. Requirements for the frequency of recurrent training will be as specified by the issuing organization of the individual employee’s certification. Acceptable certification will consist of completion of and American Heart Association “Heartsaver AED” course and CPR course. File: JP STUDENT GIFTS AND SOLICITATIONS Because of the embarrassment that might result among children, students will be discouraged from giving gifts to classroom teachers and other school personnel. For the same reason there will be no formal exchange of gifts between students in the classroom. Solicitation of funds for charitable purposes from students of the school system will be made only as approved by the School Committee. -67- Any organization desiring to distribute flyers or other materials to students in connection with fund drives may do so only with the approval of the Superintendent. File: JRA STUDENT RECORDS In order to provide students with appropriate instruction and educational services, it is necessary for the school system to maintain extensive and sometimes personal information about them and their families. It is essential that pertinent information in these records be readily available to appropriate school personnel, be accessible to the student’s parents or legal guardian and/or the student in accordance with law, and yet be guarded as confidential information. The Superintendent will provide for the proper administration of student records in keeping with state and federal requirements, and shall obtain a copy of the state student records regulations (603 CMR 23.00). The temporary record of each student enrolled on or after June 2002 will be destroyed no later than seven years after the student transfers, graduates or withdraws from the School District. Written notice to the eligible student and his/her parent of the approximate date of destruction of the temporary record and their right to receive the information in whole or in part, shall be made at the time of such transfer, graduation, or withdrawal. The student’s transcript may only be destroyed 60 years following his/her graduation, transfer, or withdrawal from the school system. The Committee wishes to make clear that all individual student records of the school system are confidential. This extends to giving out individual addresses and telephone numbers. File: KE PUBLIC COMPLAINTS Although no member of the community will be denied the right to bring their complaints to the Committee, they will be referred through the proper administrative channels for solution before investigation or action by the Committee. Exceptions will be made when the complaints concern Committee actions or Committee operations only. The Committee believes that complaints are best handled and resolved as close to their origin as possible, and that the professional staff should be given every opportunity to consider the issues and attempt to resolve the problem prior to involvement by the Committee. Therefore, the proper channeling of complaints involving instruction, discipline or learning materials will be as follows: 1. 2. 3. 4. Teacher School building administrator Superintendent School Committee If a complaint, which was presented to the Committee and referred back through the proper channels, is adjusted before it comes back to the School Committee, a report of the disposition of the matter will be made to the Committee and then placed in the official files. Matters referred to the Superintendent and/or School Committee must be in writing and should be specific in terms of the action desired. The Committee expects the professional staff to receive complaints courteously and to make a proper reply to the complainant. -68- File: KE-E PUBLIC COMPLAINTS Complaint Procedure (1) A parent, guardian, or other person or group who believes that M.G.L. c. 76, s. 5 or 603 CMR 26.00 has been or is being violated, may request a written statement of the reasons therefore from the responsible School Committee through the Superintendent and may submit a copy of such request to the Bureau of Equal Educational Opportunity of the Department of Education. If such request is made, a copy of such request shall be sent by the School Committee to the Bureau of Equal Educational Opportunity. (2) The School Committee shall respond promptly, but no later than 30 days, in writing to the complaining party. The School Committee shall also send a copy of its response to the Bureau of Equal Educational Opportunity. (3) The Bureau of Equal Educational Opportunity shall act as the representative of the Board of Education for the purpose of receiving complaints pursuant to 603 CMR 26.00. (4) The Bureau of Equal Educational Opportunity shall, pursuant to a complaint received under 603 CMR 26.09 (1) or on its own initiative, conduct reviews to insure compliance with M.G.L. c. 76 s. 5 and 603 CMR 26.00 The School Committee and the specific school(s) involved shall cooperate to the fullest extent with such review. (5) In the event of non-compliance with M.G.L. c. 76 s. 5 or 603 CMR 26.00 the Board of Education may take such action as it sees fit, including, but not limited to, withholding of funds or referral of the matter to the Office of the Attorney General for appropriate legal action. Private Right of Enforcement Nothing in 603 CMR 26.00 shall abridge or in any way limit the right of a parent, guardian, or person affected to seek enforcement of St. 1971, c.622 in any court or administrative agency of competent jurisdiction. File: KEB PUBLIC COMPLAINTS ABOUT SCHOOL PERSONNEL Complaints about school personnel will be investigated fully and fairly. However, before any such complaint is investigated, the complainant must submit his complaint in writing. Anonymous complaints will be disregarded. Whenever a complaint is made directly to the School Committee as a whole or to a Committee member as an individual, it will be referred to the school administration for study and possible solution. The Superintendent will develop, for approval by the Committee, procedures that assure prompt and fair attention to complaints against school personnel. The procedures will require that an employee who is the object of a complaint be informed promptly and be afforded the opportunity to present the facts as he/she sees them. If it appears necessary, the administration, the person who made the complaint, or the employee involved may request an executive session of the Committee for a formal hearing and decision. Statutory -69- restrictions on executive sessions will be observed. File: KEB-R PUBLIC COMPLAINTS ABOUT SCHOOL PERSONNEL PROCEDURES The following procedures are established to ensure that a citizen's complaint is given respectful attention and that the integrity of the educational program is upheld. "Complaint" in this regulation will be restricted in meaning to that criticism of particular school employees by a citizen of the School District which includes or implies a demand for action by school authorities. Other comments and suggestions will be referred informally to affected personnel. 1. If a complaint comes first to the person against whom it is directed, he/she will listen courteously and may try to resolve the difficulty by explaining the background and educational purpose involved. If the complaint remains unsatisfied, the employee will refer him/her to the building Principal or other immediate supervisor to have his/her views considered further. Whether the complaint terminates with the individual staff member involved or seems likely to go further, the staff member will immediately inform his/her supervisor of the complaint. 2. If a complaint comes first to the Principal or other supervisor of the person criticized, he/she should listen courteously or acknowledge a letter promptly and politely, but should make no commitments, admissions of guilt, or threats. If the complaint involves a particular employee, the supervisor should suggest a conference between the complainant and the person criticized and should inform that person immediately of the complaint. If the complainant has already met with the person criticized and remains unsatisfied, the supervisor should invite the complainant to file his complaint in writing and offer to send him the appropriate form regarding a school employee's behavior, character or qualifications. 3. If a complaint comes first to any other school employee, that employee will refer the complainant to the person criticized or his immediate supervisor and immediately inform both. 4. No further action on the complaint should be taken unless the complainant submits the complaint in writing. 5. When a written complaint form is received, the Principal or other supervisor will schedule a conference with himself, the complainant, the person criticized, and if advisable, the department chairman or other personnel that either the supervisor or the person criticized feels could contribute resolution of the problem. 6. If the complainant is not satisfied with the results of the conference above, he/she should then be referred to the Superintendent, who may handle the complaint personally or refer it to other personnel, as he/she may see fit. 7. Should dissatisfaction remain after the above steps have been taken, the matter may be placed on the agenda for a regularly scheduled Committee meeting at the discretion of the Chair. The decision of the Committee will be communicated in writing to all interested persons. File: KEC -70- PUBLIC COMPLAINTS ABOUT THE CURRICULUM OR INSTRUCTIONAL MATERIALS The School Committee, though it is ultimately responsible for all curriculum and instructional materials (including library books), recognizes the need and right of students to free access to many different types of books and materials. It also recognizes the right of the professional staff to select books and other materials supportive of the school system's educational philosophy and goals. Criticism of a book or other materials used in the schools may be expected from time to time. In such instances: 1. If a parent requests that his/her own child not read a given book, the teacher and/or school administrator should resolve the situation, perhaps by arranging for use of alternative material meeting essentially the same instructional purpose. This does not apply, however, to basic program texts and materials that the Committee has adopted. 2. The Committee will not permit any individual or group to exercise censorship over instructional materials and library collections, but recognizes that at times a reevaluation of certain material may be desirable. Should an individual or group ask to have any book or other material withdrawn from school use: a. The person who objects to the book or other material will be asked to sign a complaint on a standard form on which he/she will document his criticism. b. Following receipt of the formal complaint, the Superintendent will provide for reevaluation of the material in question, he/she will arrange for the appointment of a review committee from among the faculty to consider the complaint. c. The Superintendent will review the complaint and the committee's reevaluation and will render a decision in the matter. Should the decision be unsatisfactory to the complainant, he/she may appeal it to the Committee. In summary, the Committee assumes final responsibility for all books and instructional materials it makes available to students; it holds its professional staff accountable for their proper selection. It recognizes rights of individual parents with respect to controversial materials used by their own children; it will provide for the reevaluation of materials in library collections upon formal request. On the other hand, students' right to learn and the freedom of teachers to teach will be respected. File: KEC-E REQUEST FOR RECONSIDERATION SUBJECT: INSTRUCTIONAL MATERIAL OBJECTED TO: DESCRIBE YOUR COMPLAINT IN SPECIFIC DETAIL: -71- DESCRIBE THE SPECIFIC ACTION THAT YOU SEEK: WOULD YOU MEET WITH A REVIEW COMMITTEE WHICH WILL CONSIDER THIS COMPLAINT? Signature: Address: File: KHC DISTRIBUTION OF NOTICES Distribution of notices by non-school organizations or on non-school matters shall be permitted only under the following conditions: Such notices may be distributed at the discretion of the building Principal upon written approval of the Superintendent. Such notices shall relate to activities for school children. Such notices shall be those of non-profit community organizations only such as the churches, the library, the Scouts and similar organizations. School notices should not be intermingled with posters/flyers/literature from outside groups. Students should not be compelled to take home any literature from an outside group. An outside group’s literature should not be distributed to students during instructional time. All outside literature should include a disclaimer that states that the Wilmington Public Schools does not endorse or support any outside group or organization. School newsletters and notices to parents may not publicize outside groups or recruit new members for such groups. Notices with any commercial advertising are not allowed to be distributed. File: LDA -72- STUDENT TEACHING AND INTERNSHIPS The Committee encourages the administration to cooperate with teacher-training institutions in the placement of student teachers in the school system. All initial arrangements with the colleges and universities will be subject to Committee approval. The Committee authorizes the administration to honor the reasonable rules and training guidelines of the sending institution. In all arrangements made with colleges and universities, the school system will be given the privilege of interviewing and accepting or rejecting individual candidates for student teaching and internships. The school administration will devise procedures for evaluating the performance of student teachers that meet requirements of the sending institution and fit with the Committee's policies. -73- Appendices -74- Appendix I: Fundraising Wilmington Public Schools 161 Church Street Wilmington, Massachusetts 01887 Telephone: (978) 694-6000 Fax: (978) 694-6005 Guidelines for Fund-raisers in the Wilmington Public Schools General Statement of Support The Wilmington School Committee recognizes that fund-raising/solicitations enable student organizations, community/booster organizations, and adoptive partners to fulfill important, worthwhile goals. School principals will be responsible for the application process. The School Committee also recognizes a need for some constraint to prevent fund-raising activities from becoming too numerous and overly demanding on employees, students and the general public. FUND-RAISING/SOLICITATIONS All fund-raising projects and activities by schools or groups within the school shall contribute to the educational and extracurricular experiences of students and shall not be in conflict with the overall instructional program as administered by the superintendent. (1) Money derived from any school fund-raising project (excluding PACs) or activity shall be deposited in the school’s activity funds account and shall be disbursed as prescribed by School Committee Rules. (2) Each school shall continuously evaluate its fund-raising projects and extracurricular activities, the promotion of educational experiences, the time involved for students and teachers and the additional demands made on the school community. (3) The determination of the fund-raising projects and activities for a school shall be the principal and the staff’s responsibility and shall conform to the following conditions and any directives by the superintendent. (a) Fund-raising activities and projects within all schools shall be kept within a reasonable limit. Before approving any project or activity, the principal shall require full justification of the need and explanation of the manner in which the funds will be expended. (b) Instructional time shall not be used in planning, promoting or executing fund-raising projects unless a project is a direct part of the planned course curriculum. (c) Merchandising projects shall be kept to a minimum Students in Kindergarten to Grade 12 inclusive shall not participate in fund-raising activities requiring doorto-door solicitation or solicitation in public places. The School Committee encourages all student fundraising activities be such as to render some service or product to the donor, as distinguished from outright contributions. Students should not utilize “canning” to raise funds for organizations. Participation in fund-raising activities is always voluntary and no student shall be compelled to participate in fund-raising activities nor be penalized if he/she does not participate. Charitable Organizations The Wilmington School Committee is appreciative of staff members wanting to fund-raise for outside charitable organizations. Fund-raising shall not be conducted by non-school agencies or for non-school activities among students except as follows: 1. The fund-raiser or charity drive must be sponsored by a school club or organization. 2. Announcement(s) of fund-raising and charity drives and copies of posters and fliers to be posted must be authorized by the Superintendent of Schools or his/her designee. -75- 3. 4. 5. 6. 7. 8. Distribution of materials to students shall not take place during class time. Teachers are not to use class time for planning or implementing drives. The work of handling charity drive materials will be the responsibility of the agency or group permitted to carry out such a drive. All requests for fund-raising drives for charities must be approved by the Superintendent. Activities related to fund-raising shall not occur during normal school hours. School-wide fund-raising activities for the benefit of charitable groups and not for the direct benefit of the school shall be clearly advertised as a nonschool charity. Each year the Leadership Team will identify one charitable organization that the school system may have a fundraiser to support. There will be a limit placed on the amount of funds each school may raise. A school wishing to facilitate a fund-raising activity for an outside charitable organization may not use e-mail to solicit funds from staff. School hours cannot be utilized for the purpose of fund-raising. A school wishing to facilitate a fund-raising activity for an outside charitable organization: (a) may assist the charitable organization by making fund-raising materials available for the use of parents (e.g., making UNICEF boxes available to parents). Such facilitation should be undertaken only with the understanding that any door-to-door or public solicitation is undertaken by the parent or another adult, and not by students. PAC Organizations The Wilmington School Committee is appreciative of the role parent teacher organizations play in fund-raising activities. All fund-raising must comply with district policies, guidelines and state statutes. 1. 2. 3. It is recognized that PAC activities are a result of meaningful dialogue between administration, parents and teachers. Door-to-door solicitation by students is prohibited. All donations of materials and equipment must be accepted by the Wilmington School Committee. These donations shall become the property of the Wilmington Public Schools. BOOSTER ORGANIZATIONS The School Committee appreciates the contributions of booster organizations. Principals and teachers should seek to support such organizations through cooperation and communication to ensure compliance with the policies and the goals of the district. The School Committee assumes the responsibility of providing all staff and students with equipment, facilities and uniforms required for participation in approved programs. Booster organizations may seek to enhance these programs through fund-raising and volunteer assistance with the approval of the Superintendent of Schools or his/her designee if they involve students. No students will be involved in fund-raising activities where alcohol is served. 1. 2. At the start of each school year the Building Principal shall submit to the Superintendent a list of all recognized booster organizations and all fund-raising activities planned for the school year. Additional organizations must seek approval from the Principal who will forward all changes and additions to the Superintendent. All donations of materials, supplies, equipment or services shall become the property of the Wilmington Public Schools with the exception of individual awards or gifts to individual students. -76- Wilmington Public Schools Approval for a Fund-Raiser Please note that no fund-raising is to be done by door-to-door solicitation. Application Procedure 1. All requests to conduct fund-raising shall be submitted in writing through the building Principal at least fifteen (15) days prior to the commencement of any proposed fund-raising activity. 2. The request shall identify the name of the school, name of the individual or organization submitting the request, name and address of a contact individual, fund-raising activity dates, purpose of the fund-raising activity, nature of the fund-raising activity, anticipated amount to be raised. All funds must be used during the calendar year of the fund-raiser. Date of Fund-raiser:_______________________________________________________ School: _________________________________________________________________ Sponsor of Fund-raiser:____________________________________________________ Details of Fund-raiser (include numbers, space needed, equipment, etc.): _______________________________________________________________________ Purpose for Fund-raiser: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Amount expected to be raised: _______________________________________________ What will the funds be used for: ______________________________________________ ________________________________________________________________________ Person(s) Responsible: _____________________________________________________ Principal: ________________________________________________________________ Date: ___________________________________________________________________ Approval of Superintendent of Schools: __________________________Date:__________ Additional Comments: _____________________________________________________ ________________________________________________________________________ -77- Appendix II: Ethics Wilmington Public Schools Superintendent’s MEMORANDUM To: Wilmington School Staff From: Joanne Benton Date: July 13, 2011 RE: Ethics Reform Bill Introduction Chapter 28 of the Acts of 2009, the ethics reform law, imposes new mandatory education and training requirements on public employers and public employees. The law authorizes the Commission to establish procedures to implement and ensure compliance with these requirements, and these Implementation Procedures are issued pursuant to that authority. The new requirements can be summarized as follows: Every state, county, and municipal employee must be given a summary of the conflict of interest law prepared by the Ethics Commission and must complete an online training program prepared by the Commission. Every municipality must designate a liaison to the Commission. All records of compliance with these requirements must be retained for 6 years. These new requirements apply to all public employees, as defined by the conflict of interest law and described below, except to the extent that an employing public agency exempts certain categories of employees from these requirements in accordance with guidelines set forth in these procedures (see section 2 below). These requirements also apply to regional public entities, as discussed below in section 6. Former public employees are not subject to these requirements. Procedures to assist public employees in implementing and complying with mandatory education and training requirements. Summary of the Conflict of Interest Law for State Employees By December 15, 2010, and on an annual basis thereafter, all current state employees must be provided with this summary of the conflict of interest law. State employees hired after December 15, 2010, should be provided with the summary within 30 days of the date on which they commence employment, and -78- on an annual basis thereafter. Every state employee is required to sign a written acknowledgment that he has been provided with the summary. Summary of the Conflict of Interest Law for County Employees By December 15, 2010, and on an annual basis thereafter, all current county employees must be provided with this summary of the conflict of interest law. County employees hired after December 15, 2010, should be provided with the summary within 30 days of the date on which they commence employment, and on an annual basis thereafter. Every county employee is required to sign a written acknowledgment that he has been provided with the summary. Summary of the Conflict of Interest Law for Municipal Employees By December 15, 2010, and on an annual basis thereafter, all current municipal employees must be provided with this summary of the conflict of interest law. Municipal employees hired after December 15, 2010, should be provided with the summary within 30 days of the date on which they commence employment, and on an annual basis thereafter. Every municipal employee is required to sign a written acknowledgment that he has been provided with the summary. Online Training Program Every 2 years, all current state, county and municipal employees must complete online training. New public employees must complete this training within 30 days of beginning public service, and every 2 years thereafter. This training is designed primarily for state employees. County and municipal employees should also use this training until it is revised with one tailored to them. Upon completing the program, employees should print out the completion certificate and keep a copy for themselves. Employees will be required to provide a copy of the completion certificate to the Town or City Clerk (municipal employees), their employing agency (appointed state and county employees), or to the Ethics Commission (elected state and county employees). Completing the single program will be considered by the Commission as meeting the Bill's training requirements until a second program is added. PLEASE NOTE: When multiple users attempt to complete the current training program using the same computer they may experience a problem accessing the beginning of the program. The user will need to open their internet browser, click on "Tools", then "Internet Options", select "Delete Cookies", and then click "OK". The user will be able to click back on the Online Training module on the Commission's website and start at the beginning. -79- Appendix III: Educator Evaluation Wilmington Public Schools Wilmington Educator Evaluation Wilmi ngton, Massachusetts -80- Sections: (1) Purpose of Educator Evaluation (2) Definitions (3) Evidence Used in Evaluation (4) Rubric (5) Evaluation Cycle: Training (6) Evaluation Cycle: Annual Orientation (7) Evaluation Cycle: Self-Assessment (8) Evaluation Cycle: Goal Setting and Educator Plan Development (9) Evaluation Cycle : Observation of Practice and Examination of Artifacts – Educators without PTS (10) Evaluation Cycle: Observation of Practice and Examination of Artifacts – Educators with PTS (11) Observations (12) Evaluation Cycle: Formative Assessment (13) Evaluation Cycle : Formative Evaluation for Two-Year Self-Directed Plans Only (14) Evaluation Cycle: Summative Evaluation (15) Educator Plans : General (16) Educator Plans: Developing Educator Plan (17) Educator Plans: Self-Directed Growth Plan (18) Educator Plans: Directed Growth Plan -81- (19) Educator Plans: Improvement Plan (20) Timelines (21) Career Advancement (22) Rating Impact on Student Learning Growth (23) Using Student feedback in Educator Evaluation (24) Using Staff feedback in Educator Evaluation (25) Transition from Existing Evaluation System (26) General Provisions -82- PREAMBLE The parties agree that upon ratification by both parties this “Evaluation Agreement” shall replace Appendix E and F of the existing agreement between the Wilmington School Committee and the Wilmington Teachers’ Association and shall at the start of the 2013-2014 school year become the vehicle for evaluating personnel covered by the agreement. Further, the parties agree that, except as specifically modified by the new evaluation language, they reserve any rights and/or privileges that they may have under the existing agreement or Massachusetts law. 1) 2) Purpose of Educator Evaluation A) This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. c.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the Model System for Educator Evaluation developed and which may be updated from time to time by the Department of Elementary and Secondary Education. See 603 CMR 35.02 (definition of model system). In the event of a conflict between this collective bargaining agreement and the governing laws and regulations, the laws and regulations will prevail. B) The regulatory purposes of evaluation are: i) To promote student learning, growth, and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01(2)(a); ii) To provide a record of facts and assessments for personnel decisions, 35.01(2)(b); iii) To ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators that will enable them to assist all students to perform at high levels, 35.01(3); and iv) To assure effective teaching and administrative leadership, 35.01(3). Definitions (* indicates definition is generally based on 603 CMR 35.02) A) *Artifacts of Professional Practice: Products of an Educator’s work and student work samples that demonstrate the Educator’s knowledge and skills with respect to specific performance standards. B) Caseload Educator: Educators who teach or counsel individual or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, speech and language pathologists, and some reading specialists and special education teachers. -83- C) Classroom teacher: Educators who teach preK-12 whole classes, and teachers of special subjects as such as art, music, library, and physical education. May also include special education teachers and reading specialists who teach whole classes. D) Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration, but not less than 10 minutes; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03). E) *District-determined Measures: Mutually agreed upon measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. F) *Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted. G) *Educator Plan: The growth or improvement actions identified as part of each Educator’s evaluation. The type of plan is determined by the Educator’s career stage, overall performance rating, and the rating of impact on student learning, growth and achievement. There shall be four types of Educator Plans: i) Developing Educator Plan shall mean a plan developed by the Educator and the Evaluator for one school year or less for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment. (a) New Assignment: An educator with PTS shall be considered in a new assignment when teaching under a different license. ii) Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplary. iii) Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less for Educators with PTS who are rated needs improvement. iv) Improvement Plan shall mean a plan developed by the Evaluator for a realistic time period sufficient to achieve the goals outlined in the Improvement Plan, but no fewer than 45 school days and no more than one school year for -84- Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator’s unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include recommended activities during the summer preceding the next school year. H) *ESE: The Massachusetts Department of Elementary and Secondary Education. I) *Evaluation: The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the “formative evaluation” and “formative assessment”) and to assess total job effectiveness and make personnel decisions (the “summative evaluation”). J) *Evaluator: Any person designated by a superintendent who has primary or supervisory responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings. i) All evaluators shall be: (a) Trained in the principles of supervision and evaluation, (b) Have expertise in the subject matter and/or areas to be evaluated. (c) Be currently certified according to 603 CMR 7.10 (34) through (38). (d) Early Childhood Hood Teachers are participants in the evaluation process as are Curriculum Team Leaders/District Coordinators. (e) Title I Coordinator will assist in the process for Reading Teachers. ii) Primary Evaluator shall be the person who determines the Educator’s performance ratings and evaluation. iii) Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator’s progress through formative assessments, evaluating the Educator’s progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator. iv) Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the appropriate administrator where the individual is assigned most of the time. The principal of each building in which the Educator serves must review and sign the evaluation, -85- and may add written comments. In cases where there is no predominate assignment, the superintendent will determine who the primary evaluator will be. v) Notification: The Educator shall be notified in writing of his/her primary Evaluator and supervising Evaluator, if any, at the outset of each new evaluation cycle. The Evaluator(s) may be changed upon notification in writing to the Educator. The Evaluator may be changed upon request of the Educator. A list of all evaluators will be forwarded to the President of the Association prior to the commencement of each year. K) Evaluation Cycle: A five-component process that all Educators follow consisting of 1) Self-Assessment; 2) Goal-setting and Educator Plan development; 3) Implementation of the Plan; 4) Formative Assessment/Evaluation; and 5) Summative Evaluation. L) *Experienced Educator: An educator with Professional Teacher Status (PTS). M) *Family: Includes students’ parents, legal guardians, foster parents, or primary caregivers. N) *Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle. This process typically takes place at mid-cycle, but may be scheduled at another time with the agreement of the Evaluator and the Educator. O) *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both. P) *Goal: A specific, actionable, and measurable area of improvement as set forth in an Educator’s plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators. Q) *Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards. R) Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores. This -86- definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012. S) *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration, but not less than 10 minutes, by the Evaluator and may include examination of artifacts of practice including student work. An observation may occur in person or through video. Video observations will be done openly and with knowledge of the Educator. The parties agree to bargain the protocols of video observations should either party wish to adopt such practice. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator. Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article. T) Parties: The parties to this agreement are the Wilmington School Committee and the Wilmington Teachers’ Association that represents the Educators covered by this agreement for purposes of collective bargaining (“Employee Organization/Association”). U) *Performance Rating: Describes the Educator’s performance on each performance standard and overall. There shall be four performance ratings: Exemplary: the Educator’s performance consistently and significantly exceeds the requirements of a standard or overall. The rating of exemplary on a standard indicates that practice significantly exceeds proficient and could serve as a model of practice on that standard district-wide. Proficient: the Educator’s performance fully and consistently meets the requirements of a standard or overall. Proficient practice is understood to be fully satisfactory. Needs Improvement: the Educator’s performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected. Unsatisfactory: the Educator’s performance on a standard or overall has not significantly improved following a rating of needs improvement, or the Educator’s performance is consistently below the requirements of a standard or overall and is considered inadequate, or both. V) *Performance Standards: Locally developed standards and indicators pursuant to M.G.L. c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The parties may agree to limit standards and indicators to those set forth in 603 CMR 35.03. -87- W) *Professional Teacher Status: PTS is the status granted to an Educator pursuant to M.G.L. c. 71, § 41. X) Rating of Educator Impact on Student Learning: A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures. The parties will negotiate the process for using state and district-determined measures to arrive at an Educator’s rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE, expected by July 2012. Y) Rating of Overall Educator Performance: The Educator’s overall performance rating is based on the Evaluator’s professional judgment and examination of evidence of the Educator’s performance against the four Performance Standards and the Educator’s attainment of goals set forth in the Educator Plan, as follows: Z) i) Standard 1: Curriculum, Planning and Assessment ii) Standard 2: Teaching All Students iii) Standard 3: Family and Community Engagement iv) Standard 4: Professional Culture v) Attainment of Professional Practice Goal(s) vi) Attainment of Student Learning Goal(s) *Rubric: A scoring tool that describes characteristics of practice or artifacts at different levels of performance. The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consists of: i) Standards: Describes broad categories of professional practice, including those required in 603 CMR 35.03 ii) Indicators: Describes aspects of each standard, including those required in 603 CMR 35.03 iii) Elements: Defines the individual components under each indicator iv) Descriptors: Describes practice at four levels of performance for each element AA) *Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions. The summative evaluation includes the Evaluator’s judgments of the Educator’s performance against Performance Standards and the Educator’s attainment of goals set forth in the Educator’s Plan. BB) *Superintendent: The person employed by the school committee pursuant to M.G.L. c. 71 §59 and §59A. The superintendent is responsible for the implementation of 603 CMR 35.00. -88- 3) CC) *Teacher: An Educator employed in a position requiring a certificate or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of vocational education as provided in 603 CMR 4.00. Teachers may include, for example, classroom teachers, librarians, guidance counselors, or school nurses. DD) *Trends in student learning: At least three years of data beginning with the date determined by the ESE from the mutually agreed upon district-determined measures and state assessments used in determining the Educator’s rating on impact on student learning as high, moderate or low. Evidence Used In Evaluation The following categories of evidence shall be used in evaluating each Educator: A) B) Multiple measures of student learning, growth, and achievement, which shall include: i) Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school; ii) At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide. These measures may include: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least three years of data is required. iii) Measures of student progress and/or achievement toward student learning goals set between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan. iv) For Educators whose primary role is not as a classroom teacher, the appropriate measures of the Educator’s contribution to student learning, growth, and achievement set by the district. The measures set by the district should be based on the Educator’s role and responsibility. The parties agree to bargain this regulatory requirement after guidance has been issued by ESE. Judgments based on observations and artifacts of practice including: i) Unannounced observations of practice of any duration but not less than 10 minutes. -89- C) ii) Announced observation(s) for non-PTS Educators in their first year of practice in a school, Educators on Improvement Plans, and as determined by the Evaluator. iii) Examination of Educator work products as submitted by both the Evaluator and the Educator. iv) Examination of student work samples as submitted by both the Evaluator and the Educator. Evidence relevant to one or more Performance Standards, including but not limited to: i) 4) Evidence compiled and presented by the Educator, including: (a) Evidence of fulfillment of professional responsibilities and growth such as self-assessments, peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture; (b) Evidence of active outreach to and engagement with families; ii) Evidence of progress towards professional practice goal(s); iii) Evidence of progress toward student learning outcomes goal(s). iv) Student and Staff Feedback as proposed by the state regulations of June 30, 2013– see # 23-24 below; and v) Any other relevant evidence from any source that the Evaluator shares with the Educator. Other relevant evidence could include information provided by other administrators such as the superintendent. Rubric The rubrics are a scoring tool used for the Educator’s self-assessment, the formative assessment, the formative evaluation and the summative evaluation. Parties agree to adopt the state provided rubrics. At the end of the year, parties will review rubrics for possible revisions. 5) Evaluation Cycle: Training Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators, principals, and other evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The district through the superintendent and the Association shall mutually determine the type and quality of training based on guidance provided by ESE. A) By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal. Any Educator hired after the November 1st date, and who -90- has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE. 6) Evaluation Cycle: Annual Orientation A) B) 7) At the start of each school year, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall: i) Provide an overview of the evaluation process, including goal setting and the educator plans. ii) Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided. iii) The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year. iv) The participants will evaluate the effectiveness of this process as a means of providing constructive feedback to the Superintendent and the Association. All new teachers will have training in the Evaluation Cycle and SMART goal development as part of their New Teacher Induction Program. Evaluation Cycle: Self-Assessment A) Completing the Self-Assessment i) The evaluation cycle begins with the Educator completing and submitting to the Primary or Supervising Evaluator a self-assessment by the dates specified on the Evaluation Calendar, using the forms supplied in the appendix. ii) The self-assessment includes: (a) An analysis of evidence of student learning, growth and achievement for students under the Educator’s responsibility. (b) An assessment of practice against each of the four Performance Standards of effective practice using the district’s rubric. (c) Proposed goals to pursue: (1st) At least one goal directly related to improving the Educator’s own professional practice. (2nd) At least one goal directly related to improving student learning. -91- B) 8) Proposing the goals i) Educators must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals. Evaluators may participate in such meetings. ii) For Educators in their first year of practice, the primary or supervising evaluator will meet with each Educator by the dates specified on the Evaluation Calendar to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities. iii) Unless the Evaluator indicates that an Educator in his/her second or third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals. iv) For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills. v) For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject area team goals. vi) The district will provide educators with the strategic plan, district-wide goals, and individual school improvement goals upon approval by the School Committee or when finalized. These documents may be provided electronically. Evaluation Cycle: Goal Setting and Development of the Educator Plan A) Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice; one goal for the improvement of student learning. The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the similar roles and/or responsibilities. See Sections 15-19 for more on Educator Plans. B) To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the -92- Educator’s self-assessment and other sources that Evaluator shares with the Educator. (See # 22 below). The parties agree to bargain this regulatory requirement after guidance has been issued by ESE. C) Educator Plan Development Meetings shall be conducted as follows: i) D) 9) In conjunction with the Evaluator, goals shall be set by individual educators, teams, departments or groups of educators. (a) Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by the dates specified on the Evaluation Calendar of the next academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus. (b) For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by the dates specified on the Evaluation Calendar. (c) The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject matter goals. The Evaluator completes the Educator Plan by the dates specified on the Evaluation Calendar. The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response. The Educator’s signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator’s Plan. Evaluation Cycle: Observation of Practice and Examination of Artifacts – Educators without PTS A) B) In the first year of practice or first year assigned to a school: i) The Educator shall have at least one announced observation during the school year using the protocol described in section 11B, below. ii) The Educator shall have at least four unannounced observations during the school year. In their second and third years of practice or second and third years as a non-PTS Educator in the school: -93- i) 10) 11) The Educator shall have at least two unannounced observations and one announced observation during the school year. Evaluation Cycle: Observation of Practice and Examination of Artifacts – Educators with PTS A) The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation during the evaluation cycle. B) The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two unannounced observations and one announced observation. C) The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan which must include both unannounced and announced observation. The number and frequency of the observations shall be determined by the Evaluator, but in no case, for improvement plans of one year, shall there be fewer than one announced and four unannounced observations. For Improvement Plans of six months or fewer, there must be no fewer than one announced and two unannounced observations. Observations The Evaluator’s first observation of the Educator should take place by the dates specified on the Evaluation Calendar. Observations required by the Educator Plan should be completed by the dates specified on the Evaluation Calendar. The Evaluator may conduct additional observations after this date. The Evaluator is not required nor expected to review all the indicators in a rubric during an observation. A) Unannounced Observations i) Unannounced observations may be in the form of partial or full-period classroom visitations for the purpose of evaluation and shall be no less than 10 minutes long. ii) No unannounced observations will take place on a day before or after a vacation or holiday. iii) The Educator will be provided with brief written feedback from the Evaluator within 3-5 school days of the observation. The written feedback shall be delivered to the Educator in person, by email or placed in the Educator’s school mailbox. iv) Any observation or series of observations resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be -94- followed by at least one observation of at least 30 minutes in duration within 30 school days. The Educator shall be given a written feedback that describes the concerns and actions needed to improve his/her performance. v) B) The Educator shall have the opportunity to write a response to the observation within five (5) school days of receiving the Evaluator’s written feedback. Announced Observations i) All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other educators at the discretion of the evaluator shall have at least one Announced Observation. Announced observations shall be at least 30 minutes in duration. (a) The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation. (b) No announced observations will take place on a day before or after a vacation or holiday. (c) Within four (4) school days of the scheduled observation, upon request of either the Evaluator or Educator, the Evaluator and Educator shall meet for a pre-observation conference. In lieu of a meeting, the Educator may inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance (1st) The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation if necessary. (2nd) The Educator will be notified as soon as possible if the Evaluator will not be able to attend the scheduled observation. The observation will be rescheduled with the Educator as soon as reasonably practical. (d) Within 5 school days of the observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled whenever possible within one (1) school day. (e) The Evaluator shall provide the Educator with written feedback within 5 school days of the post-observation conference. For any standard -95- where the Educator’s practice was found to be unsatisfactory or needs improvement, the feedback must: (f) 12) (1st) Describe the basis for the Evaluator’s judgment. (2nd) Describe actions the Educator should take to improve his/her performance. (3rd) Identify support and/or resources the Educator may use in his/her improvement. Identified resources shall be provided by the district. (4th) State that the Educator is responsible for addressing the need for improvement. The Educator shall have the opportunity to write a response to the observation within five (5) school days of receipt of the Evaluator’s written feedback. Evaluation Cycle: Formative Assessment A) A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement. Evaluators are expected to make unannounced visits to classrooms. Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice. B) Formative Assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle when a Formative Assessment report is completed. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one. See section 13, below. C) The Formative Assessment report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both D) No less than two weeks before the due date for the Formative Assessment report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator’s performances against the four Performance Standards. -96- 13) E) Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Assessment Report. F) The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator’s school mailbox or home. G) The Educator may reply in writing to the Formative Assessment report within 5 school days of receiving the report. H) The Educator shall sign the Formative Assessment report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Assessment report in a timely fashion. The signature does not indicate agreement or disagreement with its contents. I) As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan. J) If the rating in the Formative Assessment report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating. Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only A) Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation report near the end of the first year of the two year cycle. The Educator’s performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating. B) The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both. C) No less than two weeks before the due date for the Formative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator’s performance against the four Performance Standards. -97- 14) D) The Evaluator shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator’s school mailbox. E) Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Evaluation Report. F) The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report. G) The Educator shall sign the Formative Evaluation report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents. H) As a result of the Formative Evaluation report, the Evaluator may change the activities in the Educator Plan. I) If the rating in the Formative Evaluation report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating. Evaluation Cycle: Summative Evaluation A) The evaluation cycle concludes with a summative evaluation report. For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by the dates specified on the Evaluation Calendar. B) The Evaluator determines a rating on each standard and an overall rating based on the Evaluator’s professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals. C) The professional judgment of the primary evaluator shall determine the overall summative rating that the Educator receives. D) For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluator’s supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educator’s rating. In cases where the superintendent serves as the primary evaluator, the superintendent’s decision on the rating shall not be subject to review. E) The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating. -98- 15) F) To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Planning and Assessment and the Teaching All Students Standards of Effective Teaching Practice. G) No less than four weeks before the due date for the Summative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator’s performance against the four Performance Standards. H) The Summative Evaluation report should recognize areas of strength as well as identify recommendations for professional growth. I) The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face, by email or to the Educator’s school mailbox, no later than the dates specified on the Evaluation Calendar. J) The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by the dates specified on the Evaluation Calendar. K) The Evaluator may meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by the dates specified on the Evaluation Calendar. L) Upon mutual agreement, the Educator and the Evaluator may develop the Self-Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report. M) The Educator shall sign the final Summative Evaluation report by the dates specified on the Evaluation Calendar. The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents. N) The Educator shall have the right to respond in writing to the summative evaluation which shall become part of the final Summative Evaluation report. O) A copy of the signed final Summative Evaluation report shall be filed in the Educator’s personnel file. Educator Plans – General A) Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall -99- system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals. B) C) 16) 17) 18) The Educator Plan shall include, but is not limited to: i) At least one goal related to improvement of practice tied to one or more Performance Standards; ii) At least one goal for the improvement the learning, growth and achievement of the students under the Educator’s responsibility; iii) An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district. Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs. It is the Educator’s responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan. Educator Plans: Developing Educator Plan A) The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new assignments. B) The Educator shall be evaluated at least annually. Educator Plans: Self-Directed Growth Plan A) A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high. A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2. B) A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low. In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy. Educator Plans: Directed Growth Plan A) A Directed Growth Plan is for those Educators with PTS whose overall rating is needs improvement. -100- 19) B) The goals in the Plan must address areas identified as needing improvement as determined by the Evaluator. C) The Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than June 10th. D) For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next Evaluation Cycle. E) For an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator will rate the Educator as unsatisfactory and will place the Educator on an Improvement Plan for the next Evaluation Cycle. Educator Plans: Improvement Plan A) An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory. B) The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 45 school days and no more than one school year. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins. C) The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the Plan. D) An Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see definitions). The Supervising Evaluator is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan. The primary evaluator may be the Supervising Evaluator. E) The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district. F) The Improvement Plan process shall include: i) Within ten school days of notification to the Educator that the Educator is being placed on an Improvement Plan, the Evaluator shall schedule a meeting with the Educator and the Association to discuss the Improvement Plan. The Evaluator in -101- conjunction with the Association will develop the Improvement Plan, which will include the provision of specific assistance to the Educator. G) The Improvement Plan shall: i) Define the improvement goals directly related to the performance standard(s) and/or student learning outcomes that must be improved; ii) Describe the activities and work products the Educator must complete as a means of improving performance; iii) Describe the assistance /resources that the district will make available to the Educator; iv) Articulate the measurable outcomes that will be accepted as evidence of improvement; v) Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicator(s); vi) Identify the evaluator assigned to assist the Educator which must include minimally the Supervising Evaluator; and, vii) Include the signatures of the Educator and Supervising Evaluator. H) A copy of the signed Plan shall be provided to the Educator. The Educator’s signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. I) Decision on the Educator’s status at the conclusion of the Improvement Plan. i) All determinations below must be made no later than June 1. One of three decisions must be made at the conclusion of the Improvement Plan: (a) If the Evaluator determines that the Educator has improved his/her practice to the level of proficiency, the Educator will be placed on a SelfDirected Growth Plan. (b) In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator may place the Educator on a Directed Growth Plan. (c) In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative rating at the end of his/her Directed -102- Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator may recommend to the superintendent that the Educator be dismissed. (d) If the Evaluator determines that the Educator’s practice remains at the level of unsatisfactory, the Evaluator may recommend to the superintendent that the Educator be dismissed. 20. Timelines: Actual calendar dates will be assigned upon publication of approved School Committee school calendar for each school year. An updated timeline for each school year will normally be provided on the first day of each school each year, but no later than the first two (2) weeks of school. School cancellations will change calendar dates. In the event of more than 3 school cancellation days, a revised calendar of dates will be provided. -103- EVALUATION CALENDAR (One-Year Plans**) Activity: Completed By: (School day number) School Calendar Dates (2012-2013 Dates used as example) 15th school day September 19 25th October 3 35th October 18 Evaluator completes Educator Plans 45th November 1 Evaluator should complete first observation of each Educator 55th November 19 80th January 4 100th February 4 110th February 25 130th March 25 Evaluator completes remaining required observations of each Educator 140th April 9 Evaluator completes Summative Evaluation Report 150th April 30 Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator Educator signs Summative Evaluation Report and adds response, if any within 5 school days of receipt 160th May 14 170th May 29 170th May 29 Superintendent, principal or designee meets with evaluators and educators to explain evaluation process Evaluator meets with first-year educators to assist in self-assessment and goal setting process Educator submits self-assessment and proposed goals Evaluator meets with Educators in teams or individually to establish Educator Plans (Educator Plan may be established at Summative Evaluation Report meeting in prior school year) Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) * or four weeks before Formative Assessment Report date established by Evaluator Evaluator should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans Evaluator holds Formative Assessment Meetings if requested by either Evaluator or Educator Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) *or 4 weeks prior to Summative Evaluation Report date established by evaluator **For those Educators hired after September 15th, a modified Evaluation Calendar shall be developed between the Evaluator and the Educator. -104- Educators with PTS on Two Year Plans Activity: Evaluator completes unannounced observation(s) Evaluator completes Formative Evaluation Report Completed By: Any time during the 2year evaluation cycle June 1 of Year 1 Evaluator conducts Formative Evaluation Meeting, if any June 1 of Year 1 Evaluator completes Summative Evaluation Report 150th day of Year 2 Evaluator conducts Summative Evaluation Meeting, if any 170th day of Year 2 Evaluator and Educator sign Summative Evaluation Report 170th day of Year 2 A) Educators on Plans of Less than One Year i) 21. 22. The timeline for educators on Plans of less than one year will be established in the Educator Plan. Career Advancement A) In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1. The principal’s decision is subject to review and approval by the superintendent. B) In order to qualify to apply for a teacher leader position, the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two years. C) Educators with PTS whose summative performance rating is exemplary and, after 201314 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable. Rating Impact on Student Learning Growth ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter. 23. Using Student feedback in Educator Evaluation -105- ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter. 24. Using Staff feedback in Administrator Evaluation ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter. 25. 26. Transition from Existing Evaluation System A) The parties may agree that 50% or more of Educators in the district will be evaluated under the new procedures in the first school year at the outset of this Agreement, and the remaining 50% or fewer evaluated under the new procedures the following school year. B) The parties shall agree on a process for identifying the Educator Plan that each Educator will be placed on during the Educator’s first year being evaluated under the new procedures, providing that Educators who have received ratings of unsatisfactory or its equivalent in the prior year will be placed on Self-Directed Growth or Improvement Plans at the sole discretion of the Superintendent. C) The parties agree that to address the workload issue of Evaluators, during the first evaluation cycle under this Agreement in every school or department, the Superintendent and the President of the Association will identify the start of the evaluation cycle for each educator. B) The existing evaluation system will remain in effect until the provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11(1). General Provisions A) Only Educators who are licensed may serve as primary evaluators of Educators. B) Evaluators shall not make negative comments about the Educator’s performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstance where the Evaluator concludes that s/he must immediately and directly intervene. Nothing in this paragraph is intended to limit an administrator’s ability to investigate a complaint, or secure assistance to support an Educator. C) The superintendent shall insure that Evaluators have training in supervision and evaluation, including the regulations and standards and indicators of effective teaching -106- practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement. D) Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator’s supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator’s supervisor must meet with the Educator. The Evaluator may attend any such meeting at the discretion of the superintendent. E) The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties. F) Violations of this article are subject to the grievance and arbitration procedures. -107- Appendix IV: IDEA Wilmington Public Schools IDEA – The Individual with Disabilities Education Act Wilmi ngton, Massachusetts 108 The Individuals With Disabilities Education Act All states get federal money under the Individuals With Disabilities Education Act, also known as IDEA, and must provide a free appropriate public education to all eligible children with disabilities. No child can be found eligible for special education until an evaluation has been done. Children from ages birth to 3 years may be eligible for early intervention services. Beginning at age 3, children may be eligible for a free appropriate public education. The IDEA provides support for special education and related services to children in all kinds of settings—childcare, preschool, kindergarten, elementary, middle, and high schools. Special education is a way for your child to have the supports and services he or she needs in order to learn. Special education is not a "place" but a way for a child to be educated, as much as possible, with children who do not have disabilities. Early Intervention Servicesinclude any supports or services an infant or toddler may need that will help his or her development. Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities. Section 504 applies to all programs and activities that get federal money, including local school districts and Head Start programs. School districts that get federal money must provide a free appropriate public education to children with disabilities. Some children with disabilities who are not eligible for special education programs and related services under the IDEA may be eligible for services under Section 504. Our school district must also make sure that its programs are physically accessible to children with disabilities. Section 504 provides legal rights for children with disabilities and their parents. The Americans With Disabilities Act and Your Civil Rights The Americans With Disabilities Act (ADA) is another very important law for people with disabilities and their families. It prohibits discrimination in: employment; public transportation; services provided by state and local governments; services and accommodations offered by private businesses; and telecommunications. The goal of the ADA is to remove the barriers that deny individuals with disabilities an equal opportunity to share in and contribute in American life. The law is about participation and access to the kind of opportunities that persons without disabilities enjoy. For example, under the ADA, restaurants, theaters, childcare centers, and other community resources cannot refuse to serve your child or family solely because your child or a family member has a disability. The ADA also applies to states and local school districts. 109 110 WILMINGTON PUBLIC SCHOOLS WILMINGTON, MASSACHUSETTS INSTRUCTIONAL SUPPORT TEAMS There is an Instructional Support Team (IST) in each building and each one meets formally as needed. Through the formal process of the Instructional Support Team, students are given the opportunity to receive as much support in the general education program as is possible to provide. Each Team’s membership is determined by the principal and will consist of the principal (or designee), the referring teacher, and any of the following: Classroom Teacher School Psychologist Speech/Language Pathologist School Nurse Special Education Teacher Guidance Counselor Occupational Therapist Physical Therapist ESL Teacher The function of the Instructional Support Team is: To meet on a formal basis with classroom teachers who have students at risk. To develop with the classroom teacher accommodations to the general education program to meet the student’s needs. To document all efforts made and adjust accommodations as needed. To assess the need for a referral to special education. To document all accommodations and their outcomes, recommend a special education evaluation, if needed, and to develop any necessary referral documentation. If Learning Disability is suspected, the Instructional Support Team completes SLD 1 and submits it with referral packet to Special Education office. The principal signs the referral for eligibility determination stating that all efforts have been made to meet the needs of the student within the regular education programs and that these efforts have not been successful and that documentation of the use of instructional support services for the student is provided as part of the evaluation information that will be reviewed by the Team when determining eligibility. Each building has a copy of: Pre Referral Intervention Manual Second Edition Hawthorne Publishers 111 Wilmington Public Schools Wilmington, Massachusetts Instructional Support Team Report To: Special Education Administrator From: _____________________________________Principal ________________________________________ Name of child referred: ________________________Date of birth: _____________________________________ School/Grade:________________________Referred by:______________________________________________ Date of referral:_______________________Date Parent Notified:_______________________________________ Date(s) of Instructional Support Team Meetings: ____________________________________________________ I. The Instructional Support Team was composed of the following staff: NAME ROLE _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________ II. The Instructional Support Team recommendations are as follows: ____1. Return to regular program with no modifications ____2. Return to regular program with modifications (see attached Instructional Support Team Activities Form) ____3. TEAM evaluation, with the following assessments requested (as supported by reasons for referral on the F1) _____________________________________________________________________________________________ _____________________________________________________________________________________________ ______________ III. The Principal’s Notification of Determination Letter has been sent to parents (if applicable) YES____ NO____ IV. Is a LD suspected? YES ___ NO ____ (If yes, a SLD1 form must be attached) Comments:____________________________________________________________________________________ _____________________________________________________________________________________________ ______________ Signature of Counselor: ___________________________________________________ Signature of Principal: ____________________________________________________ Wilmington Public Schools 112 Wilmington, Massachusetts REFERRAL/EVALUATION PROCESS A student may be referred for an Evaluation by a parent (including foster parent, guardian, and individual with whom the child lives or an individual legally responsible for the child’s welfare) concerned with the student’s development. Once a referral for a Special Education Evaluation has been made, the Referral/Evaluation Process will begin. REFERRAL PACKAGE If the Instructional Support Team is referring a student for an evaluation, the following forms are submitted to the Special Education Office. Instructional Support Team Final Summary Report and Supporting Documents (SLD1 form—if LD is suspected) Referral Form Parent Referral Letter (when appropriate) These forms must be reviewed and signed by the principal before being sent. If a student is being referred for an evaluation by a parent/guardian, a formal referral letter must be submitted to the Special Education Office. Note: The Wilmington Public Schools is considered to have knowledge that a student has a disability if the parent has expressed concerns, in writing, that the student is in need of special education and related services, if the parent has requested an evaluation, or if school personnel has expressed specific concerns about the pattern of behavior demonstrated by the student to the Administrator of Special Education. OBTAINING CONSENT Once a Referral Package or Referral Letter is received in the Special Education Office, it is reviewed by the Administrator of Special Education. Written notice is then sent to the student’s parent/guardian within 5 school days in an effort to obtain consent and provide the parent/guardian with the opportunity to express any concerns and/or provide information on the student’s skills or abilities. The parent(s) is given the opportunity to meet with Administrator of Special Education, or her designee, to discuss the reason(s) for referral, the content of the proposed evaluation and the evaluators used. Furthermore, the parent/guardian is provided the opportunity to request assessments not recommended by the district. If the student is a Ward of the State and not residing with his/her parent(s), the Wilmington Public Schools must make reasonable efforts to obtain the informed consent from the parent of the child for an initial evaluation to determine whether the child has a disability. The Wilmington Public Schools is not required to obtain informed consent from the parent for an initial evaluation if: 113 Despite reasonable efforts to do so, the Wilmington Public Schools cannot discover the whereabouts of the student’s parents. The rights of the student’s parents have been terminated in accordance with State law; or The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given to an individual appointed by the judge to represent the child. Term Ward of the State means: a child who, as determined by the state where the child resides, is a foster child, is a ward of the State or in the custody of a public welfare agency. The term does not include a foster child who has a foster parent who meets the definition of a parent in Section 602(23). Absence of consent for an initial evaluation: If a parent of a child does not consent for an initial evaluation, or the parent fails to respond to a request to provide the consent, the Wilmington Public Schools may use the due process hearing procedures to obtain authority for evaluation, except to the extent inconsistent with state law relating to such parental consent. The Wilmington Public Schools may not require that a student obtain or use a prescription medication as a condition of attending school, receiving a special education evaluation or receiving special education services. Parental Consent Forms Parents’ Rights Brochure EVALUATION TIMELINE: Within forty-five (45) school working days, after receipt of the parent’s written consent to an initial evaluation, unscheduled evaluation or reevaluation, the district shall: (1) provide an evaluation of the child who has been referred, (2) convene a Team meeting to review the evaluation data, (3) determine whether the child requires special education and, if required (4) develop an I.E.P. The evaluation assessments shall be completed within thirty (30) school working days after receipt of parental consent for evaluation. Following the Team meeting the chairperson immediately (within 3 days) provides the parent with the proposed I.E.P. and placement, or a written explanation of the finding of no eligibility. Importantly, the parents receive a summary of the meeting including the service delivery grid during the Team meeting. If consent for an evaluation is received within thirty (30) to forty-five (45) school working days before the end of the school year, the Wilmington Public Schools will schedule and convene a Team meeting so as to allow for the provision of a proposed I.E.P. or notice of a finding of no special needs to parents no later than fourteen (14) days after the end of the school year. An Extended Evaluation should be used when evaluation information is inconclusive and should not be used to deny program or services determined necessary by the Team. A child must be determined eligible to have an extended evaluation. If the Team has determined eligibility and some necessary goals and services, then the Team should write a partial I.E.P. and, with parent acceptance, immediately implement the partial I.E.P. while the extended evaluation is occurring. The evaluation may extend from one to eight school weeks but no longer than eight school weeks. The Team may meet at intervals during this period but should reconvene promptly when the evaluation is complete to make any final decisions about eligibility of I.E.P. services. The extended evaluation should not be used to allow extra time to complete required assessments and is not considered a placement. ELIGIBILITY DETERMINATION 114 Evaluations must be provided and administered in the language and form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide and administer. The Wilmington Public Schools is expected to take great care to make careful determinations about the type of assessments for all students and to make sure that all such determinations are individualized. Eligibility must not be based on lack of instruction in reading or math or LEP. Evaluations must provide information to determine present levels of academic achievement and related developmental levels. Evaluations Use a Variety of Assessment Techniques: Regulations stipulate that assessments “must assess the child in all areas related to the child’s suspected disability”. No single procedure should be used as the sole criterion. Relying on a single test or single test battery for all students would not be adequate or legally appropriate. Evaluation information needs to address the student’s learning and whether or not the disability affects the student’s learning. Evaluations must provide information to determine present levels of academic achievement and related developmental needs. The assessments used shall be adapted to the age of the student and all testing shall meet the evaluation requirements set out in state and federal law. Wilmington Public Schools shall ensure that appropriately credentialed and trained specialists administer all assessments. Required Assessments: Required assessments shall include an assessment in all areas related to the suspected disability including consideration of any needed assistive technology devices and services and/or instruction in Braille. Functional Behavioral Assessments (FBA) must be conducted if the student’s behavior interferes with learning. Educational status assessment report is completed by the principal or designee. (28R/1) An educational assessment is also required. Such assessment shall include information provided by a teacher(s) with current knowledge regarding the student’s specific abilities in relation to learning standards of the Massachusetts Curriculum Frameworks and the district curriculum, as well as an assessment of the student’s attention skills, participation behaviors, communication skills, memory, and social relations with groups, peers, and adults. The school district shall also thoroughly evaluate and provide a narrative description of the student’s educational and developmental potential. When a child is being assessed to determine eligibility for services at age three, an observation of the child’s interactions in the child’s natural environment or early intervention program is strongly encouraged. 115 For children who are receiving early intervention services, the Wilmington Public Schools will use current and appropriate assessments from early intervention teams, whenever possible, to avoid duplicate testing. Optional Assessments: The Administrator of Special Education may recommend or the parent may request one or more of the following: A comprehensive health assessment by a physician that identifies medical problems or constraints that may affect the student’s education. The school nurse may add additional relevant health information from the student’s school health records. A psychological assessment by a certified school psychologist, licensed psychologist, or licensed educational psychologist, including an individual psychological examination. A home assessment that may be conducted by a nurse, psychologist, guidance counselor, or teacher and includes information on pertinent family history and home situation and may include a home visit, with the agreement of the parent. Outside Evaluation Reports Submitted by Parents: All efforts will be made to avoid duplication of assessments. If a decision is made to waive any assessment, the Special Education Administrator/Chairperson/Liaison will send a request for a Waiver of Assessment (28R/2) to the parent for signature with the Evaluation Consent Form. It is important to note that any time the Wilmington Public Schools waive its right of an assessment; it places the Wilmington Public Schools in the position of accepting any recommendation(s) made by the evaluator(s). Waiver of Assessments: Special Education Regulations states that school districts should avoid unnecessary duplication of assessments. Therefore, after the Team has carefully reviewed a student’s school record for information that reflects the status of the student’s disability and/or student performance the school district can recommend that any or all assessments be waived. This is followed by notifying the child’s parents in writing using request for waiver of assessment form stating: The reasons for that determination The right of the parents to request the assessments(s) Reports of Assessment Results: Evaluation reports should be written in clear, jargon-free language. Assessors shall summarize in writing the procedures employed, the assessment results, and diagnostic impressions as well as educationally relevant recommendations for meeting identified needs of the student. The assessor may recommend appropriate types of placements, but shall not recommend specific placements. Summaries of assessments shall be completed prior to discussion by the Team and, upon request, shall be made available to the parent at least two (2) days in advance of the Team discussion. Teams are encouraged to make the reports available and to review these reports prior to an Eligibility Determination Meeting. Regular Education Teacher Responsibilities: 116 Regular education teachers serve a unique role in Eligibility Determination and IEP meetings in that they bring valuable information regarding a student’s progress in the regular education setting to the Team. Regular education teachers should be prepared to convey to the Team how the student performs academically, socially and behaviorally with peers and adults in school across settings and subjects. Documentation of a student’s progress or lack thereof is essential in making Eligibility Determination decisions. Regular education teachers should be prepared to show formal and informal curriculum measures to show where a student is on a learning continuum in comparison to their peers. Portfolios, work samples, documentation of any behavioral concerns (frequency, types of behaviors, etc.) and similar materials can be used. THREE YEAR RE-EVALUATIONS The Wilmington Public Schools must conduct a re-evaluation for each student with a disability in accordance with the requirements of federal law if: The Wilmington Public Schools determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a re-evaluation; or The student’s parent(s) or teacher(s) requests a re-evaluation. However, a re-evaluation shall occur not more frequently than once a year, unless the parent and the Wilmington Public Schools agree otherwise; and at least once every three years, unless the parent and the Wilmington Public Schools agree that a re-evaluation is unnecessary. An evaluation is not required before the termination of a student’s eligibility if the termination of eligibility is due to: Graduation from high school with a diploma or Because the child exceeds the age of eligibility for a free public education under state law For a student whose eligibility terminates under IDEA under the above described circumstances, the Wilmington Public Schools must provide the student with a summary of his/her academic achievement and functional performance, including recommendations on how to assist the student in meeting postsecondary goals. Summary of Student Performance If it appears that the student no longer qualifies for special education services, the student must be referred for an evaluation except under the above described circumstances. Determination of Needed Evaluation Data: As part of any re-evaluation, the IEP Team and any other qualified professionals, as appropriate, shall review existing data including: Evaluations and information provided by the parents of the student: Current classroom based, local or state assessments, and classroom based observations; and On the basis of this review and input from the student’s parents, identify what additional data, if any, are needed to determine: Whether the student continues to have such a disability and such educational needs-must determine present levels of academic achievement and related educational needs Whether the child continues to need special education and related services; and Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum 117 The Wilmington Public Schools shall administer any assessments and other evaluation measures that may be needed to produce the data identified above within thirty (30) school days following the written consent by the parent(s) to re-evaluate. A Team Meeting will then be convened to reconsider eligibility. If the Team determines the continued existence of a disability, they must then decide whether the student would continue to make progress in regular education without the continued provision of special education services. A student’s progress should not be judged solely on the completion of IEP goals or report card grades. (All timelines for re-evaluations will proceed as outlined in the above section titled “Evaluation Timelines”.) Requirements if additional data is not needed: At the time of re-evaluation if the Team decides that no additional assessments are needed to determine whether the child continues to be a child with a disability and to determine the child’s educational needs, the Wilmington Public Schools recommends to the parents, in writing, the following: That no further assessments are needed and the reasons for this; and The right of the parents to request an assessment(s) to determine whether the child continues to be a child with a disability and to determine the child’s educational needs If no evaluations are recommended or requested, the Team will convene and an IEP will be developed. 118 WILMINGTON PUBLIC SCHOOLS WILMINGTON, MASSACHUSETTS STEPS IN THE INITIAL ELIGIBILITY EVALUATION PROCEDURE 1. Referring person or Team sends pre-referral and referral forms to Special Education Office 2. Referral is reviewed by Special Education Administrator. 3. Administrator of Special Education, or designee, notifies parents, legal guardian, Educational Surrogate Parent, or students 18 and over of the evaluation request, proposed assessments, evaluators and informs them of their rights. (N1, N1A, Notice of Procedural Safeguards) (5 days) 4. Chairperson, or designee, requests evaluations after written permission is obtained. 5. Evaluation reports are sent to the chairperson on or before date requested. (30 school days) 6. Chairperson notifies members of Team meeting date. (N3, N3A) (10 days prior to meeting) 7. Team Meeting. (N1, I.E.P., ADM 1, PL 1-2, EDI) (Eligibility form) 8. Chairperson sends 2 IEPs if eligible and N1 or N2 to parents, legal guardian, etc. (IEP, N1 or N2) (within 3 days of meeting.) (Process must not exceed 45 school days) 9. Following written consent, building staff are notified and service begins immediately, unless otherwise stated on the IEP. 10. Any IEP disputed in part or whole is forwarded by the Special Education Office to the Bureau of Special Education Appeals. (5 school days) 119 Wilmington Public Schools Wilmington, Massachusetts STEPS IN THE REEVALUATION PROCEDURE 1. Liaison initiates re-evaluation process (2 months prior to reevaluation date) (F1) 2. Chairperson or liaison notifies parents, guardian or student age 18 and over of the reevaluation proposed assessments and evaluators and informs them of their rights. (N1, N1A) (5 days) 3. Special Education Administrator, or designee, requests evaluations after obtaining parental permission. (30 school days) 4. Evaluation reports are sent to the chairperson or liaison on or before date requested (30 days) 5. Chairperson notifies members of Team meeting date. (N3, N3A), (at least 10 days prior to the meeting) 6. Team Meeting— IEP, N1 (Notice of Action) or N2 (Notice of Inaction) 7. Chairperson or liaison sends 2 copies of IEP and N1 or just N1 to parents or legal guardian (within 45 days of consent) (3 days following Team meeting) 8. Upon receipt of accepted IEP chairperson or liaison notifies building administrator and service providers and service begins immediately, unless otherwise stated on the IEP. 9. Any IEP rejected in full or in part is forwarded to the Bureau of Special Education Appeals (BSEA) within five (5) days. Any accepted services begin immediately upon consent. The old IEP remains in place for any rejected services until parent consent is received. 10. Parent or legal guardian does not respond within 30 days Team Chairperson or liaison will document all attempts to secure response. If parent does not respond, IEP is considered rejected and all data is forwarded to Bureau of Special Education Appeals. 11. If the student is no longer found eligible for services, service ceases on the date indicated in N1 unless the parent agreed that services could cease immediately. If the parent appeals the finding of No Eligibility to the BSEA then services continue until the dispute is resolved. 120 WILMINGTON PUBLIC SCHOOLS WILMINGTON, MASSACHUSETTS SUMMARY OF STUDENT PERFORMANCE The following guide can be used to assist districts in meeting IDEA 2004 requirements for students whose special education eligibility terminates due to graduation or exceeding the age eligibility requirements. Under these new provisions, the district shall provide the student with a summary of the student’s academic achievement and functional performance, which includes recommendations on how to assist the student in meeting his/her desired postsecondary outcomes. Student: _____________________ Date: ___________________ School: _____________________ Reason for termination of eligibility (circle one): Graduated Exceeds age limit Provide a written summary of the following: Student’s academic achievement: Student’s functional performance: Recommendations on how to assist the student in meeting her/his desired postsecondary outcomes (Include information on postsecondary courses of study, employment, community experiences, and daily living skills and needs): Completed by the following school personnel: _____________________________________________________________ Position: _________________________________________ Date Completed: __________________________________ Special Education Spring Meetings – Implementation Guide May, 2005 121 Wilmington Public Schools Wilmington, Massachusetts PARENTAL CONSENT The Wilmington Public Schools obtains written parental consent: Before conducting an initial evaluation Before making an initial placement in a special education program Before conducting a reevaluation Before placing a student in a special education placement subsequent to the initial placement in special education Before initiating extended evaluation services To the services proposed on a student’s IEP before providing such services. If subsequent to the initial evaluation and initial placement, the Wilmington Public Schools is unable to obtain parental consent to a reevaluation or placement in a special education program subsequent to the initial placement, or the parent revokes consent to a reevaluation or placement, the Wilmington Public Schools must consider with the parent whether such action will result in the denial of a free appropriate public education to the student. If, after consideration the Wilmington Public Schools determines that the parents’ failure or refusal to consent will result in a denial of a free appropriate public education to the student, it will seek resolution through the Bureau of Special Education Appeals. 122 Wilmington Public Schools Wilmington, Massachusetts IF THE WILMINGTON PUBLIC SCHOOLS DOES NOT SUSPECT A DISABILITY The Wilmington Public Schools will not refuse to evaluate a student on the basis of a prereferral program or in order to implement other instructional support activities if it does not suspect a disability. If the district does not suspect a disability the parent(s) will be provided the opportunity to meet with the Administrator of Special Education, or her designee, to discuss the reason(s) for referral and the availability of general education programs. However, if the parent chooses to proceed with the evaluation the Wilmington Public Schools will not refuse to evaluate and will provide written notice to the student’s parent/guardian within five (5) school days from the receipt of the request in order to obtain consent and to provide the parent the opportunity to express any concerns and/or provide information on the student’s skills or abilities. The parent(s) will also be provided the opportunity to discuss the content of the proposed evaluation, evaluators used and to request assessments not recommended by the district. 123 Section 504 of the Rehabilitation Act Section 504 of the Rehabilitation Act - Nondiscrimination Under Federal Grants and Programs Sec. 504.(a) No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of Congress, and such regulations may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees. (b) For the purposes of this section, the term "program or activity" means all of the operations of (1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such a State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or (B) a local educational agency (as defined in section 14101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; (3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any corporation, partnership, private organization, or sole proprietorship; or (4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3); any part of which is extended Federal financial assistance. (c) Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on the date of the enactment of this subsection. (d) The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate to employment. 124 Section 504 Procedures/Processes Implemented by Section 504 Building Coordinator/504 Coordinator Counselor/Teacher/Principal/504 Coordinator: Receive referrals for all students with a suspected or identified disability/handicap who may require a Section 504 Accommodation plan. Gathers information from referring party with statements regarding suspected disability/impairment. Distributes Parents’ Rights document regarding 504 to parents and students who have reached the age of majority. Reviews cumulative file and checks with special education office to determine prior special education history including referrals. With other appropriate staff determines the need for additional evaluations. Collect student progress data from teachers at initial referral and at reviews. Convenes 504 team. Chairs initial 504 eligibility meetings and oversees the creation of an appropriate plan. Distributes the accommodation information contained in the 504 to all personnel in contact with the student. Maintains file of current 504’s at each school, in a separate file. Copy of 504 to cum folders as well. Informs all teachers of 504 plans of students in their class. Support transition between grade levels, especially between primary, intermediate, middle and high schools, by forwarding all current 504 plans to the building coordinator of the subsequent level before June 1. This will ensure the distribution of 504 information at the beginning of the next school year. Schedules periodic 504 review meetings. Seeks professional development that will enhance understanding of ADA and ADAAA laws and provide educational materials to staff. Initial questions regarding implementation of 504 plans by parents and/or students should be directed to the teacher in question. If resolution is not reached, the 504 Coordinator should be contacted. Based on the outcome, the Coordinator may contact the building principal and the district wide coordinator based in the special education office. 125 Wilmington Public Schools Administration Office - 161 Church Street - Wilmington, MA 01887 Section 504 Accommodation Plan Effective date: Review date: Name: ID: Date of birth: Grade: YOG: School: Wilmington High School Parents/Guardians: Address: Phone: Summary of meeting to discuss student's disability and request accommodation(s): Meeting date: Participants in meeting: Student's disability: How does disability affect one or more of student's life activities in school? Parent/guardian and/or student concerns: List of evaluations: Student history and any evaluative data considered at meeting: Accommodations to be provided with responsible personnel noted and implementation dates: Page 1 126 Wilmington Public Schools Administration Office - 161 Church Street - Wilmington, MA 01887 Section 504 Accommodation Plan Effective date: Review date: Presentation accommodations: Other Accommodations ____________________________________________________________ Signature of Parent, Guardian, or Student (if 18 years or older) ___________________________________________________ Signature of Principal or Designee ______ Date ______ Date If the parent(s), guardian(s), or student (if 18 years or older) disagrees with the identification of the student's disability, the evaluative data, or the accommodations to be provided, a grievance may be filed in conformance with the District's Grievance Procedure. 127 INFORMATION AND NOTICE OF RIGHTS REGARDING SECTION 504 OF THE REHABILITATION ACT OF 1973 Please Keep This Explanation for Future Reference Section 504 is a Federal law (the act) which prohibits discrimination against a person with a disability in any program receiving Federal financial assistance. This act defines a person with a disability as anyone who: 1. Has a physical or mental impairment which substantially limits one or more major life activities (major life activities include activities such as CORIng for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working); 2. Has a record of such impairment; or 3. Is regarded as having such an impairment. In order to fulfill its obligation under Section 504, the Wilmington Public Schools recognizes a responsibility to avoid discrimination against any person with a disability and will endeavor to assure that those persons have access to take part in any of the programs and practices in the school system. The school district has specific responsibilities under the Act, which include the responsibility to identify, evaluate, and provide access to appropriate educational services if the child is determined to be eligible under Section 504. Section 504 of the Rehabilitation Act of 1973 provides accommodations for students identified as having a disability as defined by the act which substantially limits a major life activity. The following is a description of the rights granted by this Federal law to students with a disability and to their parents. You have the right to: 1. Have your child take part in, and receive benefits from education programs receiving federal funds without discrimination because of his/her handicapping condition(s). 2. Have the school district advise you of your rights under Section 504 of the Rehabilitation Act. 3. Receive notice with respect to identification, evaluation and placement of your child. 4. Have your child evaluated and have decisions made based upon a variety of information sources and by persons who know the student and the evaluation data. 5. Receive necessary accommodations in order to receive a free and appropriate public education while being educated with non-handicapped students to the maximum extent appropriate if eligible under 504. 6. Have your child educated in facilities and receive services comparable to those provided non handicapped students. 7. Allows your child equal opportunities to participate in academic, nonacademic and extracurricular activities in his/her school. 8. Review and obtain copies of your child’s school records. 9. Receive a response from the district to reasonable requests for explanations and interpretations of your child’s records. 10. Have an impartial hearing if you disagree with the school regarding your child’s educational program. Hearing requests must be made, in writing, to the principal of your child’s school. (see comments below…if parent is not satisfied by the hearing with the principal, they can go next to the district hearing officer. The steps need to be detailed here) 128 11. The person within your district who is responsible for assuring that the district complies with Section 504 of the Rehabilitation Act of 1973 is Mary Houde, Administrator for Special Education for Wilmington Public Schools, Wildwood School, 182 Wildwood Street, Wilmington, MA 01887 (978)694-6032. If the parent or guardian disagrees with the determination made by the professional staff of the school district, he/she has a right to speak with the building based 504 coordinator, to initiate a local grievance procedure or hearing as described in the BSEA (Bureau of Special Education Appeals) or to notify or file a complaint to the Office of Civil Rights. In order to file a complaint regarding development or implementation of a plan, or to request a due process hearing, please contact: BSEA (Bureau of Special Education Appeals) Department of Education 350 Main Street Malden, MA 02148 781.338.6400 Or, if you choose to forego the above, you may choose to go right to the Office for Civil Rights. They will, however, ask if you’ve made use of the local process for resolving a grievance. United States Department of Education Office for Civil Rights (OCR) 33 Arch Street, 9th Floor Boston, MA 02110-1424 Tel # 617-289-0111 129 Complaints or Concerns About Whether the District is Following Special Education Requirements A person who alleges discrimination on the basis of disability relative to the identification, evaluation or educational placement of a student who, because of an identified disability or suspected disability, is believed to need specialized instruction or related services pursuant to Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act of 2004 and/or Massachusetts Special Education Laws and Regulations, is encouraged to attempt to resolve the matter with Wilmington Public School district officials. If you prefer, or are not satisfied with the local Grievance Procedure outcome, you may contact the Massachusetts Department of Education at: Program Quality Assurance Services Problem Resolution System Massachusetts Department of Education 350 Main Street Malden, MA 02148 Tel: 781/338-3700 A copy of the Massachusetts Department of Education’s Parents’ Rights Brochure which provides information about the complaint resolution process is attached. A person with a complaint involving discrimination on the basis of a disability, not related to special education identification, evaluation or educational placement, may either use the Grievance Procedure as described or may file a complaint with the United States Department of Education at the address provided below: United States Department of Education Office for Civil Rights 33 Arch Street, 9th Floor Boston, Massachusetts 02110-1424 Tel: 617/289-0111 130 Wilmington Public Schools Parent Input Form: Referral for Evaluation to determine eligibility for Section 504 Accommodations Date:________________________ Completed by:_______________________________________________________________________ Student’s Name:______________________________________________________________________ Describe your child’s need or area of concern:_____________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Please return this form to: ______________________________________________________________ Please attach or include any evaluation reports or doctor’s notes, or any information that will help the 504 Team. Thank you. Enclosure: Notice of Parent’s Rights Sent on ____________________ 131 Appendix V: 51A Reporting Wilmington Public Schools Responding to Child Abuse and Neglect A guide to Effective 51A Reporting Wilmi ngton, Massachusetts 132 INTRODUCTION Under Massachusetts law, the Department of Children and Families (DCF) is the state agency that receives all reports of suspected abuse and/or neglect of children under the age of 18. State law requires professionals whose work brings them in contact with children to notify DCF if they suspect that a child is being abused and/or neglected. DCF depends on reports from professionals and other concerned individuals to learn about children who may need protection. The Department receives more than 75,000 reports on children each year. The Department is responsible for protecting children from abuse and/or neglect. DCF seeks to ensure that each child has a safe, nurturing, permanent home. The Department also provides a range of services to support and strengthen families with children at risk of abuse and/or neglect. Who is a mandated reporter? Massachusetts law defines the following professionals as mandated reporters: What is DCF? Physicians, medical interns, hospital personnel engaged in the examination, care or treatment of persons, medical examiners; Emergency medical technicians, dentists, nurses, chiropractors, podiatrists, optometrists, osteopaths; Public or private school teachers, educational administrators, guidance or family counselors; Early education, preschool, child care or after school program staff, including any person paid to care for, or work with, a child in any public or private facility, home or program funded or licensed by the Commonwealth, which provides child care or residential services. This includes child care resource and referral agencies, as well as voucher management agencies, family child care and child care food programs; Child care licensors, such as staff from the Department of Early Education and Care; Social workers, foster parents, probation officers, clerks magistrate of the district courts, and parole officers; Firefighters and police officers; School attendance officers, allied mental health and licensed human services professionals; Psychiatrists, psychologists and clinical social workers, drug and alcoholism counselors; 133 Clergy members, including ordained or licensed leaders of any church or religious body, persons performing official duties on behalf of a church or religious body, or persons employed by a religious body to supervise, educate, coach, train or counsel a child on a regular basis; and The Child Advocate. As a mandated reporter, what are my responsibilities? Massachusetts law requires mandated reporters to immediately make an oral or written report to DCF when, in their professional capacity, they have reasonable cause to believe that a child under the age of 18 years is suffering from abuse and/or neglect. In addition to filing with the Department a mandated reporter may notify local law enforcement or the Office of the Child Advocate of any suspected abuse and/or neglect. You should report any physical or emotional injury resulting from abuse; any indication of neglect, including malnutrition; any instance in which a child is determined to be physically dependent upon an addictive drug at birth; or death as a result of abuse and/or neglect. Mandated Reporters who are staff members of medical or other public or private institutions, schools or facilities, must either notify the Department directly or notify the person in charge of the institution, school or facility, or his/her designee, who then becomes responsible for filing the report. Should the person in charge/ designee advise against filing, the staff member retains the right to contact DCF directly and to notify the local police or the Office of the Child Advocate. (Ch. 119, § 51A)Under the law, mandated reporters are protected from liability in any civil or criminal action and from any discriminatory or retaliatory actions by an employer. The written report must be submitted to DCF within 48 hours after the oral report has been made. Any profession defined by law as a mandated reporter, is required to assist in a 51B investigation or initial assessment, even if they are not the filer of the 51A report. Effective January 1, 2010, mandated reporters who are licensed by the Commonwealth are required to complete training to recognize and report suspected child abuse and/or neglect. What if I fail to report? Any mandated reporter who fails to make required oral and written reports can be punished by a fine of up to $1,000. Effective July 1, 2010, any mandated reporter who willfully fails to report child abuse and/or neglect that resulted in serious bodily injury or death can be punished by a fine of up to $5,000 and up to 2½ years in jail, and be reported to the person’s professional licensing authority. 134 In addition, effective July 1, 2010, all mandated reporters who knowingly and willfully file a frivolous report of child abuse and/or neglect can be punished by a fine of up to $2,000 for the first offense, up to 6 months in jail for a second offense, and up to 2½ years in jail for a third offense. How do I make a report of suspected child abuse and/ or neglect? When must I file? When you suspect that a child is being abused and/or neglected, you should immediately telephone the DCF Area Office serving the child’s residence and ask for the Screening Unit. You will find a directory of the DCF Area Offices at the end of this Guide and on the DCF web site. Offices are staffed between 9 am and 5 pm weekdays. To make a report at any other time, including after 5 pm and on weekends and holidays, please call the Child-At-Risk Hotline at 800-792-5200. As a mandated reporter you are also required by law to mail or fax a written report to the Department within 48 hours after making the oral report. The form for filing this report can be obtained from your local DCF Area Office or from the DCF website: www.mass.gov/dcf Your report should include: Your name, address and telephone number; All identifying information you have about the child and parent or other caretaker, if known; The nature and extent of the suspected abuse and/or neglect, including any evidence or knowledge of prior injury, abuse, maltreatment, or neglect; The identity of the person you believe is responsible for the abuse and/ or neglect; The circumstances under which you first became aware of the child’s injuries, abuse, maltreatment or neglect; What action, if any, has been taken thus far to treat, shelter, or otherwise assist the child; Any other information you believe might be helpful in establishing the cause of the injury and/or person responsible; Any information that could be helpful to DCF staff in making safe contact with an adult victim in situations of domestic violence (e.g., work schedules, place of employment, daily routines); and 135 Any other information you believe would be helpful in ensuring the child’s safety and/or supporting the family to address the abuse and/or neglect concerns. Hospital personnel should take photographs of any trauma that is visible on the child and mail or deliver the photographs to DCF with the written report. If you work in a hospital and collect physical evidence of abuse and/or neglect of a child, you must immediately notify the local District Attorney, local law enforcement authorities and the Department. We recommend that you inform the family that you have referred them to DCF for help, but do not do so if you think it would increase the risk to the child. How does DCF define abuse and neglect? Under the Department of Children and Families regulations (110 CMR, section 2.00): Abuse means: The non-accidental commission of any act by a caretaker upon a child under age 18 which causes, or creates a substantial risk of, physical or emotional injury; or an act by a caretaker involving a child that constitutes a sexual offense under the laws of the Commonwealth; or any sexual contact between a caretaker and a child under the care of that individual. This definition is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or inhome setting). Neglect means: Failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location (i.e., neglect can occur while the child is in an out-of-home or in-home setting). Physical Injury means: Death; or fracture of a bone, a subdural hematoma, burns, impairment of any organ, and any other such nontrivial injury; or soft tissue swelling or skin bruising, depending upon such factors as the child’s age, circumstances under which the injury occurred and the number and location of bruises; or addiction to a drug or drugs at birth; or failure to thrive. Emotional Injury means: An impairment to or disorder of the intellectual or psychological capacity of a child as evidenced by observable and substantial reduction in the child’s ability to function within a normal range of performance and behavior. 136 Who is a caretaker? A “caretaker” can be a child’s parent, step-parent, guardian, or any household member entrusted with the responsibility for a child’s health or welfare. In addition, any other person entrusted with the responsibility for a child’s health or welfare, both in and out of the child’s home, regardless of age, is considered a caretaker. Examples may include: relatives from outside the home, teachers or staff in a school setting, workers at an early education, child care or afterschool program, a babysitter, foster parents, staff at a group care facility, or persons charged with caring for children in any other comparable setting. When should a report involving domestic violence be filed? Domestic violence is defined as a pattern of coercive controlling behaviors that one person exercises over another in an intimate relationship. Not every situation involving domestic violence merits intervention by DCF. Mandated reporters are encouraged to carefully review each family’s situation and to identify any specific impact on the child(ren) when considering whether or not to file a 51A report with DCF. In some cases a report may actually create additional risks for the caretaker and the children. If possible, discuss the filing of a report with the caretaker first and address the potential need for safety planning. A report is mandatory if the following circumstances are current concerns: The alleged perpetrator threatened to kill the caretaker, children or self and the caretaker fears for their safety; The alleged perpetrator physically injured the child in an incident where the caretaker was the target; The alleged perpetrator coerced the child to participate in or witness the abuse of a caretaker; The alleged perpetrator used or threatened to use a weapon, and the caretaker believes that the perpetrator intended or has the ability to cause harm. For more information on this topic please refer to the DCF Brochure, Promising Approaches: Working with Families, Child Welfare and Domestic Violence. This brochure is available on the DCF website and from your local DCF Area Office. Why would DCF contact me? In Massachusetts, when anyone suspects that a child is abused and/or neglected, they can report the situation to DCF. Some people, like doctors, teachers, and child care workers, are required by law to report their concerns to the Department. 137 The identity of the person making the report cannot be revealed. If DCF receives a report that someone believes your child has been abused and/or neglected, they are required by law to respond. When a report is received, a DCF social worker will contact you and may come to your home to learn more about your family and to decide if any help is needed. How can I be sure the visitor is really a DCF employee? Every DCF social worker carries a state identification. You are entitled to see this when they visit your home. What happens when DCF receives a report of child abuse and/or neglect? When DCF receives a report of abuse and/or neglect, called a “51A report,” from either a mandated reporter or another concerned citizen, DCF is required to evaluate the allegations and determine the safety of the children. During DCF’s response process, all mandated reporters are required to answer the Department’s questions and provide information to assist in determining whether a child is being abused and/or neglected and in assessing the child’s safety in the household. Here are the steps in the Child Protective Services (CPS) process: 1. The report is screened. The purpose of the screening process is to gather sufficient information to determine whether the allegation meets the Department’s criteria for suspected abuse and/or neglect, whether there is immediate danger to the safety of a child, whether DCF involvement is warranted and how best to target the Department’s initial response. The Department begins its screening process immediately upon receipt of a report. During the screening process DCF obtains information from the person filing the report and also contacts professionals involved with the family, such as doctors or teachers who may be able to provide information about the child’s condition. DCF may also contact the family if appropriate. 2. If the report is “Screened-In”, it is assigned either for a Child Protective Services (CPS) Investigation or Assessment Response: CPS Investigation Response: Generally, cases of sexual or serious physical abuse, or severe neglect will be assigned to the CPS Investigation Response. The severity of the situation will dictate whether it requires an emergency or non-emergency investigation. The primary purpose of the Investigation Response is to determine the current safety and the potential risk to the reported child, the validity of an allegation, identification of person(s) responsible and whether DCF intervention is necessary. CPS Assessment Response (Initial Assessment): Generally, moderate or lower risk allegations, are assigned to the CPS Assessment Response. The primary purpose of the Assessment Response is to determine if DCF involvement is necessary and to engage and support families. This response involves a review of 138 the reported allegations, assessing safety and risk of the child, identifying family strengths and determining what, if any, supports and services are needed. 3. A determination is made as to whether there is a basis to the allegation, whether the child can safely remain at home and whether the family would benefit from continued DCF involvement. If DCF involvement continues, a Comprehensive Assessment and Service Plan are developed with the family. Some families come to the attention of the Department outside the 51A process: Child in Need of Services (CHINS) cases referred by the Juvenile Court, cases referred by the Probate and Family Court, babies surrendered under the Safe Haven Act, and voluntary requests for services by a parent/family. These cases are generally referred directly for a Comprehensive Assessment. What are the timeframes for completing a Screening, and/or an Investigation or Assessment? Screening: Begins immediately for all reports. For an emergency response it is completed within two hours. For a non-emergency response, screening may take up to three business days as appropriate. Emergency Investigation: Must begin within two hours and be completed within five business days of the report. Non-Emergency Investigation: Must begin within two business days and be completed within 15 business days of the report. Assessment (Initial): Must begin within two business days and be completed within 15 business days of the report. Comprehensive Assessment: May take up to 45 business days. Will I be informed about the DCF determination? If you are the mandated reporter who filed the report, you will receive a copy of the decision letter that is sent to the parents or caretaker. In that letter you will be informed of the Department’s response, the determination and whether DCF is opening a case for continued DCF involvement. Referrals to the District Attorney If the Department determines that a child has been sexually abused or sexually exploited, has suffered serious physical abuse and/or injury, or has died as a result of abuse and/or neglect, DCF must notify local law enforcement as well as the District Attorney, who have the authority to file criminal charges. 139 Department of Children and Families (DCF) Area Office Directory Central Office Operator (617) 748-2000 Please ask for the Protective Screening Unit Boston Regional Offices Dorchester (617) 989-9200 Southeastern Regional Offices Brockton (508) 894-3700 West Roxbury (617) 989-2800 Hyde Park (617) 363-5000 Norfolk/South Middlesex Areas Arlington (781) 641-8500 South Weymouth (781) 682-0800 East Chelsea (617) 660-3400 Dorchester (617) 822-4700 Southeast Bay Areas Hyannis (508) 760-0200 Plymouth (508) 732-6200 Northern Regional Offices Lawrence (978) 557-2700 South Bristol Areas Fall River (508) 235-9800 New Bedford (508) 910-1000 Middlesex Areas Lowell (978) 275-6800 Framingham (508) 424-0100 Three Rivers Areas Brockton (508) 894-3700 Taunton/Attleboro (508) 821-7000 Merrimack Valley Areas Bradford (978) 469-8800 Lawrence (978) 557-2500 Western Regional Offices Springfield (413) 452-3350 Metro North Areas Cambridge (617) 520-8700 Malden (781) 388-7100 Franklin/Hampshire Areas Greenfield (413) 775-5000 Holyoke (413) 493-2600 North Shore Areas Salem (978) 825-3800 Lynn (781) 477-160 Pioneer Valley Areas Springfield Area Office (413) 4523200 Robert Van Wart Center in Springfield (413) 205-0500 Other Useful Numbers The Department has an Ombudsman’s Office, available from 8:45 a.m. to 5:00 p.m. each work day. Please call 617-748-2444. Child-At-Risk Hotline 1-800-792-5200 Foster/Adoptive Care Recruitment Line 1-800-KIDS-508 Kid’s Net Connections 1-800-486-3730 (Foster/Adoptive Helpline) DSS Website www.magnet.state.ma.us/dss Parental Stress Line 1-800-632-8188 www.pcsonline.org/helplines 140 Worcester Areas Worcester East Area Office (508) 929-2000 Worcester West Area Office (508) 929-2000 Central Suburban Areas Whitinsville (508) 929-1000 Leominster (978) 353-3600 Berkshire Area Pittsfield (413) 236-1800
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