Civil Rights Training

Shrewsbury Public Schools

2008 - 2009

What is the Purpose of this Training?

• Annual training is mandated by the Department of Elementary and Secondary Education (DESE, formerly the Department of Education, or DOE)
• All employees are required to participate.
• This training protects individuals and the district and ensures that all employees know their rights and responsibilities.

What is Non-discrimination?

• The Shrewsbury Public Schools is committed to ensuring that all programs and facilities are accessible to all.
• We actively seek to prevent discrimination or harassment on the basis of age, color, disability, national origin, religion, race, or sexual orientation.

Federal Law: Title IX

• Prohibits discrimination or harassment related to gender, including sexual harassment.
• Refer to the district sexual harassment policy for specifics regarding steps taken to investigate. School personnel must contact an administrator or appropriate personnel if a complaint is made.
• Tom Kennedy is the Title IX Coordinator.

Federal Law: Title VI

• Protects against discrimination based on race, color, and national origin.
• Applies to students, parents, and employees.
• Prohibits discrimination in student class assignments or ability tracking and protects English language learners.

Title IX: Understanding Sexual Harassment

• Sexual harassment creates a hostile environment due to inappropriate sexual speech, materials, or actions.
• Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature.
• Sexual harassment interferes with school or work performance and creates an intimidating, humiliating, or offensive environment.
• Sexual harassment issues can involve student-to-student, student-to-staff, staff-to-student, or staff-to-staff behavior.

Title IX: Understanding Sexual Harassment

• Sexual harassment may include but is not limited to:
  • Unwelcome sexual advances or requests for sexual favors
  • Inappropriate touching, intentionally impeding movement, verbal comments, gestures or written communication of a sexually derogatory nature, or intimidation based on gender or sexual preference
  • Continuing to express sexual interest after being informed that the interest is unwelcome (reciprocal attraction between peers is not considered sexual harassment)

Title IX: Understanding Sexual Harassment

• Sexual harassment may include but is not limited to (continued):
  • Subtle pressure or requests for sexual activity
  • Leering or voyeurism
  • Displaying sexually suggestive pictures or objects anywhere in the workplace

Reporting Requirements

• Any employee or student who believes he/she has been the victim of harassment or discrimination should report it to a building administrator, counselor, Director of Human Resources, or a teacher.
• Active investigations will result from the report, as applicable, and may result in sanctions up to suspension or dismissal.
• If the conduct violates the law, the appropriate authorities will be notified.

Federal Law: Section 504

• Requires that no qualified disabled person shall be discriminated against or be excluded from participation in an activity.
• A disability is a mental or physical impairment that limits a person's major life activities (self-care, walking, seeing, learning, breathing, speaking, working).
• Reasonable accommodations/modifications must be made to provide access to programs and/or facilities.

Federal Law: Section 504

• No discrimination against a person with a disability will be permitted in any of the programs of the Shrewsbury Public Schools.
• Questions about eligibility and enforcement should be directed to the building-based 504 coordinator.

Federal Law: Section 504

• When a 504 Accommodation Plan exists for a student, it is the responsibility of all educators who work with that student to provide the accommodations-this is a legal requirement.
• Recent case law indicates that educators who do not provide accommodations listed in 504 plans may be personally liable for failing to do so.

Federal Law: Title II (ADA)

• Prohibits discrimination against access to programs and facilities, a free appropriate public education for elementary and secondary students, and employment discrimination.
• Applies to special education services, evaluations, Individual Education Plans (IEPs), and student discipline.
• When an IEP exists for a student, it is the responsibility of all educators who work with that student to provide the accommodations and/or modifications - this is a legal requirement.

Expectations for Addressing Harassment & Discrimination

• Actively monitor the school and classroom climate.
• Foster respect and appreciation for diversity.
• Implement measures to address harassment immediately; involve administration whenever you have a concern of this nature and document the issue.

Expectations for Addressing Harassment & Discrimination

• Be sensitive to religious holidays (see list of dates at http://www.doe.mass.edu/resources/holidays.html). Those that students might miss school for include: Rosh Hashana, Yom Kippur, Eid al-Fitr, Divali, Good Friday, and Eastern Orthodox Good Friday.
• Shrewsbury School Committee policy and MA law require that students who miss school for religious observance must have the opportunity to make up the work without penalty.
• Please avoid major assessments or deadlines for projects on such dates, and provide reasonable accommodations for students who need to make up work missed due to religious obligations.

Responsibilities for the Care and Protection of Children Under 18

• All school personnel are mandated reporters in cases of suspected abuse or neglect of a minor.
• If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect of a student, this must be reported as soon as possible to a member of the school's Child Abuse Prevention team, which consists of the principal, psychologist and/or counselor, nurse, the reporting staff member, and any other staff as deemed appropriate.
• The school-based Child Abuse Prevention team will follow the reporting requirements of the Department of Children and Families (DCF, formerly known as the Department of Social Services, or DSS) and the policy of the Shrewsbury Public Schools. The CAP team will determine whether a "reportable condition" exists and will act accordingly. This process must be confidential and only involve members of the CAP team.

Responsibilities for the Care and Protection of Children Under 18

• It is not the responsibility of staff to prove that a child has been abused or neglected; a reasonable cause for concern should trigger the process.
• As mandated reporters, school personnel who report with reasonable cause are presumed to be acting in good faith and are immune from any civil or criminal liability.
• Failure to make a report when there is a reasonable cause for concern can result in a fine of not more than $1,000; more importantly, a child could suffer additional harm if a report is not made when there is reasonable suspicion of abuse or neglect.

Overview of Physical Restraint Guidelines

Overview of Physical Restraint Guidelines

School Personnel Responsibilities

• All school staff should read and be familiar with physical restraint regulations, which can be viewed at at http://www.doe.mass.edu/lawsregs/603cmr46.html?section=all.
• Lack of knowledge of the law will not protect you or your students from the consequences of inappropriate actions.

What is Physical Restraint?

• Physical restraint: "The use of bodily force to limit a student's freedom of movement."
• Not physical restraint: "Touching or holding a student without the use of force" -- including physical escort, touching to provide instructional assistance, and other forms of physical contact that do not include the use of force.

Understanding the Terms

• Physical escort: "touching or holding a student without the use of force for the purpose of directing the student."
• Extended restraint: "A physical restraint the duration of which is more than 20 minutes. Risk of injury is increased, requirement of additional written documentation."
• Non-seclusionary time-out: A time out where staff remains accessible.

When Can Physical Restraint Be Used?

• When other, non-physical, interventions have been tried and failed or are judged to be inadequate to the circumstances.
  
  AND
• a student's behavior poses a threat of IMMINENT, SERIOUS, PHYSICAL HARM to self and/or others

Limitations On Use of Restraint

• Restraint may not be used:
  • When non-physical interventions could be used to de-escalate the situation or problem solving strategies could be implemented
  • As a means of punishment
  • As a response to property destruction, school disruption, refusal to comply, or verbal threats

Use of Physical Restraint

• Only staff trained in physical intervention should use physical restraints.
• Whenever possible, staff trained in restraint should have a witness who does not participate in the hold.
• Training requirements in 603 CMR 46.00 do not prevent a teacher, employee or agent of a school from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm.

Use of Physical Restraint

• Only the amount of force necessary to protect the student or others from physical harm or injury should be used.
• The safest method available and appropriate to the situation and the individual should be used. Floor or prone holds are prohibited unless staff administering these has received in-depth training (16 hours minimum) in such procedures.
• The hold should end as soon as possible. A hold of over 20 minutes is defined as an "extended restraint."

Safety Requirements

• A student's color and respiration during a hold must be monitored. If there is any change in student's pallor, respiration, speech or other signs of physiological distress, the hold must be released immediately.
• Physical holding should be implemented to prevent or minimize physical harm.

Safety Requirements

• KNOW YOUR STUDENTS:
  • Be aware of medical or psychological issues and attempt to implement behavior interventions before considering utilization of physical restraint.
  • When a situation occurs where a student is demonstrating potentially harmful behaviors, seek assistance immediately.

Communicate with Other Staff

• Communicate during a crisis. State what type of assistance you need.
• Post communication information in your classroom so that someone can contact help quickly.
• Try to ensure a witness is present during any crisis.
• Document the occurrence of each instance of aggression and/or use of physical restraint.

Follow-up Procedures After a Physical Restraint

• Review the incident with student to address behavior.
• Those staff members involved in the situation must debrief with an administrator regarding the situation.
• Consider follow-up that may be necessary with students who may have witnessed the restraint.

Review the Incident

• Review to see if established procedures were followed.
• Look for patterns in responding.
• Discuss difficulties, develop strategies to address these difficulties.
• Get consensus on any recommendations -- consistency is necessary for any procedure to work effectively.

Document the Incident

• When to Report: Report only restraints over 5 minutes or in any case of an injury (to student or staff).
• Notify School Administration: Notify school administration of any physical restraint as soon as possible, and provide written report by the next school working day.
• Notify Parents: The principal or director of the program must notify the parent verbally as soon as possible, and by written report within three school working days.

Reporting to the Department of Education

• Extended restraints (restraints over 20 minutes) must be reported.
• Any time there is a serious injury it must be reported.
• Reports must be made within five school working days of restraint. A log for the 30 day period prior to restraint must be included.
• The DESE may determine additional required action.

Conclusion

Thank you for reviewing the information regarding our various legal obligations regarding civil rights and the protection of students, and thank you for your ongoing efforts to ensure that everyone's rights are honored and that all members of our school communities are treated with respect.

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