Elementary Family Handbook
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Appendix
- PREFACE
- I. LEADERSHIP
- II. TRAINING AND PD
- III. RESOURCES & SERVICES
- IV. ACTIVITIES
- V. BULLYING REPORTING
- VI. FAMILY COLLAB
- VII. ANTI-BULLYING PROHIBITION
- VIII. DEFINITIONS
- IX. RELATIONSHIP TO OTHER LAWS
- MA GENERAL LAW AND OTHER SCHOOL POLICIES
- BULLYING FORMS
PREFACE
PREFACE
The Pentucket Regional School District (PRSD) expects that all members of the school community will treat each other in a civil manner and with respect for differences. The District is committed to providing all students with a safe learning environment that is free from bullying and cyberbullying. This commitment is integral to the District’s comprehensive plan to promote learning and to prevent and eliminate all forms of bullying and other harmful and disruptive behavior that can impede the learning process.
Bullying, as defined M.G.L. c. 71, 37O, is the repeated use by one or more students or a member of a school staff of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a target that:
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causes physical or emotional harm to the target or damage to the target’s property;
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Places the target in reasonable fear of her to himself or herself or of damage to his or property;
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Creates a hostile environment at school for the target;
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Infringes on the rights of the target at school; or
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Materially and substantially disrupts the education process or the orderly operation of a school.
Cyberbullying is bullying through the use of technology or electronic devices such as telephones, cell phones, computers, and the Internet. It includes, but is not limited to, email, instant messages, text messages, and internet postings. See M.G.L. c. 71, 37O for the legal definition of cyberbullying.
It is recognized that members of certain student groups, such as students with disabilities, students who are gay, lesbian, bisexual, or transgender, and homeless students may be more vulnerable to becoming targets of bullying, harassment or teasing. The PRSD Bullying Prevention & Intervention Plan ensures specific steps are taken to create a safe, supportive environment for vulnerable populations in the school community, and provide all students with the skills, knowledge, and strategies to prevent or respond to bullying, harassment or teasing.
Unlawful or disruptive behavior, including any form of bullying, cyber bullying, or retaliation, in our school buildings, on school grounds, or in school related activities is unacceptable. All reports and complaints of bullying, cyber bullying, and retaliation are investigated promptly and action is taken to end bullying behavior and restore the target’s sense of safety. This important work is supported by the Pentucket school community, curriculum, instructional practices, staff development, extracurricular activities, and parent / guardian involvement.
This Bullying Prevention and Intervention Plan (“Plan”) is a comprehensive approach to addressing bullying and cyberbullying. The District’s staff is committed to working with students, families, law enforcement agencies, and the community to prevent issues of violence. In consultation with these constituencies, we have established this Plan for preventing, intervening, and responding to incidents of bullying, cyberbullying, and retaliation. Each building principal is primarily responsible for the implementation and oversight of the Plan in his/her building, except when a reported bullying incident involves the principal or the assistant principal as the alleged aggressor. In such cases, the Superintendent or designee shall be responsible for investigating the report, and other steps necessary to implement the Plan, including addressing the safety of the alleged target. If the Superintendent is the alleged aggressor, the School Committee, or its designee shall be responsible for investigating the report, and other steps necessary to implement the Plan, including addressing the safety of the alleged target.
I. LEADERSHIP
I. LEADERSHIP – ROLES & RESPONSIBILITIES
The District Leadership Team includes: the Superintendent, School Principals, Special Education Director, Technology Director and Business Administrator.
Public involvement in the plan: As required by M.G.L. c. 71, S 37O, members of the Pentucket Regional School District Leadership Team began meeting in July 2010 to develop a comprehensive Bullying Prevention and Intervention Plan. The Team consisted of building administrators from the elementary, middle and high schools. Further input was provided by members of the District Leadership Team, faculty members, school guidance counselors, school council members and members of the local police departments. An open meeting held on December 16, 2010 to gather input, as well as to address questions/concerns, from members of the school community and the community at large allowed an opportunity for the public to be informed of the plan and suggest improvements. This Plan will be presented to the Pentucket Regional School Committee for approval every two years. Stakeholders are involved in the process for refining the Plan.
Currently, open meetings with stakeholders were planned for Spring 2018 as well as an opportunity to give feedback via email was established.
A. Assessing needs and resources:
The district leadership team, with input from families and staff, will:
Assess the adequacy of current program (e.g. conflict resolution, social responsibility, developmental guidance |
(Completed in Spring 2018) |
Review current policies and procedures |
(Completed in Spring 2018) |
Review available data on bullying and behavior incidents |
(Conducted at monthly Administrative Data Team Meetings starting in 2017-2018) |
Assess available resources including curricula, training programs, and behavioral health |
(Review will be on-going) |
Based on findings, the district will:
Revise or develop new policies and procedures |
(Completed in Spring 2018 based on input from stakeholders) |
|
(As Needed) |
Set priorities for possible incorporation into school improvement plans |
(As needed) |
B. Needs assessments:
The district will collect information relevant to school climate and safety |
(On-going) |
The District’s student information management system (MMS) may be useful for collecting and analyzing building –specific data on incidents of bullying behaviors, identifying vulnerable populations, and “hot spots” in school buildings, on school grounds, and on school buses. |
(Collected for review at monthly Administrative Data Team Meetings starting in academic year 2017-2018) |
Information about school climate and safety is useful in identifying patterns of behaviors and areas of concern, and will inform decision-making for prevention strategies including, but not limited to, adult supervision, professional development, age-appropriate curricula, and in-school support services. |
(On-going) |
C. Planning and oversight:
Building Principals are responsible for the following tasks under the Plan:
Receiving reports on bullying and conducting initial investigation |
(On-going) |
Collecting and analyzing school-wide data on bullying to assess the present problem and to measure improved outcomes |
(Collected for review at monthly Administrative Data Team Meetings starting in academic year 2017-2018) |
District Leadership is responsible for the following tasks under the Plan:
Creating processes for recording and tracking incident reports, and for accessing information related to targets and student aggressors |
(On-going) |
Planning for the ongoing professional development that is required by the law |
(Annually and on-going) |
Planning supports that respond to the needs of targets and student aggressors |
(On-going) |
Choosing and implementing the curricula that the schools will use |
(Review to begin 2018-2019 academic year) |
Developing new or revising current policies and protocols under the Plan, including an Internet safety policy, and designating key staff to be in charge of implementation of them |
(Annually and on-going) |
Amending student and staff handbooks and codes of conduct to, among other things, make clear that bullying of students by school staff or other students will not be tolerated |
(Annually and on-going) |
Leading the parent or family engagement efforts and drafting parent information materials |
(Annually and on-going) |
Reviewing and updating the Plan, as required by MGL 71 S37O |
(Every 2 years-June 2020) |
II. TRAINING AND PD
II. TRAINING AND PROFESSIONAL DEVELOPMENT
The District will provide ongoing professional development for all staff, including but not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, and paraprofessionals. Training about this plan is not required to be provided to outside organizations not directly related to the Pentucket Regional School District. This includes those groups and individuals that may use our facilities for their activities such as recreational athletics, outside arts organizations, and other outside vendors renting or using our fields or school building space.
A. Annual staff training on the plan:
The District will provide professional development for all staff, including but not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, and paraprofessionals. (Annually)
B. Professional development:
The goal of professional development is to establish a common understanding of tools necessary for staff to create a school climate that promotes safety, civil communication, and respect for differences. Professional development will build the skills of staff members to prevent, identify, and respond to bullying. As required by M.G.L. c. 71, 37O, the content of school-wide and district-wide professional development will be informed by research including information on:
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Developmentally (or age-) appropriate strategies to prevent bullying;
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Developmentally (or age-) appropriate strategies for immediate, effective interventions to stop bullying incidents:
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Information regarding the complex interaction and power differential (i.e. social status, job status, individual perception, fear of retribution) that can take place between and among an aggressor, target, and witnesses to the bullying.
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Research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment;
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Information on the incidence and nature of cyber-bullying;
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Internet safety issues as they relate to cyber-bullying.
Professional development will also address ways to prevent and respond to bullying or retaliation for students with disabilities that must be considered when developing students’ Individual Education Programs (IEPs). This will include a particular focus on the needs of students with autism or students whose disability affects social skills development.
Additional relevant areas for professional development may include:
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Promoting and modeling the use of respectful language
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Fostering an understanding of and respect for diversity and difference
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Building relationships and communicating with families
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Constructively managing classroom behaviors
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Using positive behavioral intervention strategies
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Applying constructive disciplinary practices
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Teaching students skills including positive communication, anger management, and empathy for others,
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Engaging students in school or classroom planning and decision-making
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Maintaining a safe and caring classroom for all students
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Engaging staff and those responsible for the implementation and oversight of the Plan to distinguish between acceptable managerial behaviors and designed to correct misconduct. Instill accountability in the school setting, etc. and bullying behaviors.
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Integrating kindness and mindfulness into the school-wide culture
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Vertical alignment of these skills to facilitate the transition from elementary to middle school and middle school to high school
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Integrating social competency and digital citizenship into the curriculum
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Building teachers’ capacity to enhance each student’s strengths for the purpose of building student self esteem and confidence.
C. Written notice to staff:
The district will provide all faculty and staff with an annual written notice of the Plan by publishing information about it, including sections related to staff duties, and bullying of students by school staff, in the school or district employee handbook and the code of conduct. Faculty and staff will be required to “sign off” on required training to document their participation. (Annually)
III. RESOURCES & SERVICES
III. ACCESS TO RESOURCES AND SERVICES
A. Identifying resources:
The Pentucket Schools have access to the following staff that is qualified to provide counseling and other services for targets, student aggressors, and their families: nurses, school psychologists, guidance / adjustment counselors and/or social workers.
B. Counseling and other services:
Counseling and support services are available for all students. Students experiencing conflict or other sources of undue stress may need support, including regular monitoring and intervention. Parents can access support for their children by contacting the school principal.
The staff listed above assists in the development of safety plans for students who have been targets of bullying or retaliation, supporting social skills programs to prevent bullying, and offering education and/or intervention services for students exhibiting bullying behaviors.
PRSD services and programs include:
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Access to school guidance services, school psychologist and Special Education Services
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Assistance for student returning from hospitalization or who have school avoidance issues
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Child Study Teams / Instructional Support Teams
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Outreach to Community Resources
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Functional Behavioral Assessments and behavior modification plans
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Social pragmatics instruction and courses for students with exceptionalities
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Curriculum and instructional practices that teach pro-social skills and conflict resolution at the elementary level (e.g. Second Step and Responsive Classroom)
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Social skills groups with Counselors
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Advisory programs
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Health/Wellness programs for the Middle and High School Levels
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School climate and safety monitoring and evaluation
C. Students with disabilities:
As required by M.G.L. c. 71B, s.3, as amended by Chapter 92 of the Acts of 2010, when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying, harassment, or teasing because of his/her disability, the Team will consider what should be included in the IEP to develop the student’s skills and proficiencies to avoid and respond to bullying, harassment, or teasing. Parents and guardians will be given a copy of the district anti-bullying policy at annual meetings. In addition, if reports of bullying are made at IEP meetings, they will be communicated immediately to the building principal or his/her designee for appropriate action in accordance with this plan.
D. Referral to outside services:
The Pentucket School District will support students and families accessing outside services when needed. Parents are encouraged to work directly with school counselors and the school principal for support when seeking access to outside services.
IV. ACTIVITIES
IV. ACADEMIC AND NON-ACADEMIC ACTIVITIES
Note: The Department of Elementary and Secondary Education published guidelines for implementing social and emotional learning curricula. Please visit http://www.doe.mass.edu/bullying/#9 to access current resources for parents and educators.
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Specific bullying prevention approaches:
Bullying prevention curricula will be informed by current research which, among other things, emphasizes the following approaches;
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Using scripts and role plays to develop skills;
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Empowering students to take action by knowing what to do when they witness other students engaged in acts of bullying or retaliation, including seeking adult assistance;
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Helping students understand the dynamics of bullying and cyber-bullying, including the underlying power imbalance;
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Emphasizing cyber-safety, including safe and appropriate use of electronic communication technologies;
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Enhancing students’ skills for developing empathy, impulse control, problem solving, anger management, and engaging in healthy relationships and respectful communication;
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Engaging students in a safe, supportive school environment that is respectful of diversity and difference; and
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Developing student understanding that all members of the school community, including themselves are responsible for understanding and following through on this plan
At the start of each school year, students will be informed about the Bullying Prevention and Intervention Plan. An assembly or class meeting may be useful in accomplishing this objective.
Schools may engage students to create messages and visual reminders that can be displayed around the school which support kindness and “upstanding” behaviors.
B. General teaching approaches/interventions that support bullying prevention efforts:
The following approaches are integral to establishing a safe and supportive school environment. These underscore the importance of our bullying intervention and prevention initiatives:
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Setting clear expectations for students and establishing school and classroom routines;
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Creating safe school and classroom environments for all students, including students with disabilities, lesbian, gay, bisexual, transgender students, and homeless students, among others.
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Using appropriate and positive responses and reinforcement, even when students require discipline;
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Using positive behavioral supports;
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Encouraging adults to develop positive relationships with students;
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Model, teaching, and rewarding pro-social, healthy, and respectful behaviors;
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Using positive approaches to behavioral health, including collaborative problem-solving, conflict resolution training, teamwork, and positive behavioral supports that aid in social and emotional development;
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Ensuring students are familiar with lunch/recess supervisors and aides
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Using the Internet safely; and
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Supporting students’ interest and participation in non-academic and extracurricular activities, particularly in their areas of strength.
There are a number of interventions that schools within our district are using to engage students to create a sense of belonging and community and that encourage thoughtful and kind behavior.
Some examples include:
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Advisory Groups
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Positive Behavior Plans (Random Acts of Kindness, etc.)
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Community Service Initiatives
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Morning Meetings
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Incident Management Teams
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Crisis/Safety Teams
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Student Support Teams
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Lunch Groups
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After School Clubs and Activities
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Familiarizing students with lunch/recess supervisors and aides
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Use of common curriculum models
V. BULLYING REPORTING
V. POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TO BULLYING AND RETALIATION
A. Reporting incidents of bullying or retaliation:
Reports of bullying or retaliation may be made by staff, students, parents or guardians, or others, and may be oral or written. Oral reports made by or to a staff member shall be recorded in writing. A school or district staff member is required to report immediately to the principal or designee or to the Superintendent or designee when the principal or assistant principal is the alleged aggressor or to the school committee when the superintendent is the alleged aggressor, any instance of bullying or retaliation the staff member becomes aware of or witnesses. Reports made by students, parents or guardians, or other individuals who are not school or district staff members, may be made anonymously. The school or district will make a variety of reporting resources available to the school community, and may include, but are not limited to, an Incident Reporting Form, a voicemail box, a dedicated mailing address, and an email address. The form is available in the most prevalent languages or origin of students and parents/guardians in the district.
Anonymous reports can be made at any school, by calling the superintendent (978-363-2280), or by mailing a report to the superintendent or school committee’s attention (22 Main Street, West Newbury, MA 01985).
Anonymous reporting of complaints limits the ability of the school to fully investigate issues when all parties are not disclosed. In order to clarify any stated issues, it is important to be able to have conversations with all of the parties involved. When the names of parties under investigation are omitted or not allowed to be disclosed, this weakens the overall process and at times would mean that there would be no possible way to complete an investigation. Anonymous reporting from bystanders is encouraged as long as the participants are able to be identified. Therefore, it would be possible to follow-up with an investigation.
Use of an Incident Reporting Form is not required as a condition of making a report; however, the building principal receiving the report will be required to document the incident using this form.
At the beginning of each school year the school or district will:
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Provide a copy of the Incident Reporting Form to students, parents and/or guardians;
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Make the form available in the school’s main office, the counseling office, the school nurse’s office, and other locations as determined by the principal or designee; and
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Post it on the school’s website.
At the beginning of each school year, the school or district will provide the school community, including, but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, paraprofessionals, students, and parents or guardians, with written notice of its policies for reporting acts of bullying and retaliation. A description of the reporting procedures and resources, including the name and contact information of the principal or designee, and the Superintendent or designee when the principal or assistant principal is the alleged aggressor, will be incorporated in student and staff handbooks, on the school or district website, and in information about the Plan that is made available to parents or guardians.
Faculty, staff, and parents will be required to sign a statement indicating that they have received and read the district’s policies and procedures. The schools will keep a record of these signed statements.
1. Reporting by staff:
A staff member will report immediately to the principal or designee or to the Superintendent or designee when the principal or assistant principal is the alleged aggressor or to the school committee when the superintendent is the alleged aggressor when he/she witnesses or becomes aware of conduct that may possibly be buying or retaliation. It is the responsibility of the staff member to intervene to the behavioral incident consistent with district’s policies and procedures, and then report it to the principal or designee. Any PRSD staff member who observes or is aware of behavior that could be bullying or retaliation is required to make a report within one school day.
2. Reporting by students:
Students, who believe that they are the target of a bully, observe an act of bullying, or who have reasonable grounds to believe that these behaviors are taking place, are encouraged to report incidents to a member of the school staff. The target shall, however, not be subject to discipline for failing to report bullying.
Students may request assistance from a staff member to complete a written report. Students will be provided practical, safe, private and age-appropriate ways to report and discuss an incident of bullying with a staff member, or with the principal or designee, or to the Superintendent or designee when the principal or assistant principal is the alleged aggressor.
3. Reporting by parents or guardians, and others
The district expects parents or guardians, and others who witness or become aware of an instance of bullying or retaliation involving a student, to report it to the principal or designee, or to the Superintendent or designee when the principal or assistant principal is the alleged aggressor or to the school committee when the superintendent is the alleged aggressor. Reports may be made anonymously, but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report. Students, parents or guardians, and others may request assistance from a staff member to complete a written report. Reports may be made anonymously at any school, by calling the superintendent (978-363-2280), or by mailing a report to the superintendent or school committee’s attention (22 Main Street, West Newbury, MA 01985).
Any report of bullying or retaliation requires the school to conduct an initial investigation. Every report will be documented and investigated. Because of the school's responsibility to prevent bullying and intervene when incidents of hurtful behavior or bullying occur, it is advisable to file a report even if it isn’t a complaint. Any parties involved (alleged target(s) and alleged aggressor(s)) will be notified within 3 days of receipt of the report that an investigation is currently being conducted. The investigation will continue until completion. The timeline will be conducted expediently and will depend on the investigation details and the number of parties or witnesses involved. Parties will be informed of the investigative finding in a manner that is consistent with federal and state law. In the event that finding of bullying or retaliation is made, the target(s) shall also be notified, to the extent permitted under federal and state law, of the action taken to prevent any further acts of bullying or retaliation..
Students, parents or guardians, and others who want to report an instance of bullying or retaliation involving a student will be able to access a PDF version of our Reporting Form on the district website (www.prsd.org), a hard copy of the Reporting Form will be included in school handbooks, can be accessed on school / District websites, and will be available in school and District offices.
A. Responding to a report of bullying or retaliation- Allegations of Bullying by a Student:
1. Safety
Before fully investigating the allegations of bullying or retaliation, the principal or designee will take steps to assess the need to restore a sense of safety to the alleged target and/or to protect the alleged target from possible further incidents. Responses to promote safety will include, but not be limited to, creating a personal safety plan; pre-determining seating arrangements for the target and/or the aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a “safe person” for the target and/or altering the aggressor’s schedule and access to the target if possible. The principal or designee may take additional steps to promote safety during the course of and after the investigation, as necessary. An example of a safety plan is included at the end of this plan.
The principal or designee will implement appropriate strategies for protecting students who have reported bullying or retaliation, students who have witnessed bullying or retaliation, students who provide information during an investigation or students who have reliable information about a reported act of bullying or retaliation.
C. Obligation to notify others:
1. Notice to parents or guardians:
Upon determining that bullying or retaliation has occurred, the principal or designee will promptly, ideally before the end of the school day, notify the parents or guardians of the target and the student aggressor of this, and of the procedures for responding to it. There may be circumstances in which the principal or designee contacts parents or guardians prior to any investigation. Notice will be consistent with state regulations 603 CMR 49.00.
The principal or designee will promptly notify the parents or guardians of the target and aggressor of the results of the investigation and, if bullying or retaliation is found, action taken to prevent further acts of bullying and retaliation. All notices to parents will comply with applicable state and federal privacy laws and regulations. Because of legal requirements regarding the confidentiality of student records, the principal or designee cannot report specific information to the target’s parent or guardian about the disciplinary action taken unless it involves a “stay away” order or other directive that the target must be aware of in order to report violations.
2. Notice to another school or district:
If the reported incident involves students from more than one school district, charter school, non-public school, approved private special education day or residential school, or collaborative school, the principal or designee first informed of the incident will promptly notify by telephone the principal or designee of the other school(s) of the incident so that each school may take appropriate action. All communications will be in accordance with state and federal privacy laws and regulations, and 603 CMR 49.00.
3. Notice to law enforcement
At any point after receiving a report of bullying or retaliation, including after an investigation, if the principal or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor, the principal will notify the local law enforcement agency. Notice will be consistent with the requirements of 603 CMR 49.00 and locally established agreements with the local law enforcement agency. Also, if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school, the principal or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressor. In making this determination that criminal charges may be pursued against the student aggressor, the principal will, consistent with the Plan and with applicable school or district policies and procedures, consult with the local police officer, and other individuals the principal or designee deems appropriate.
D. Investigation:
The principal or designee will promptly investigate all reports of bullying or retaliation and, in doing so, will consider all available information known, including the nature of the allegations(s) and the ages of the students involved.
During the investigation the principal or designee will, among other things, interview students, staff, witnesses, parents or guardians, and others as necessary. The principal or designee (or whoever is conducting the investigation) will remind the alleged student aggressor, target, and witnesses of the importance of the investigation, their obligation to be truthful that retaliation against someone who reports bullying or provides information during a bullying investigation is strictly prohibited and will result in disciplinary action.
Interviews may be conducted by the principal or designee, other staff members as determined by the principal or designee, and in consultation with the school counselor, as appropriate. To the extent practicable, and given his/her obligation to investigate and address the matter, the principal or designee will maintain confidentiality during the investigative process. The principal or designee will maintain a written record of the investigation.
Procedures for investigating reports of bullying and retaliation will be consistent with school or district policies and procedures for investigations. If necessary, the principal or designee will consult with legal counsel about the investigation and will access said legal counsel in accordance with school and district procedures.
Determinations:
The principal or designee will make a determination based upon all of the facts and circumstances. If, after investigation, bullying or retaliation is substantiated, the principal or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities. The principal or designee will:
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Determine what remedial action is required, if any, and
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Determine what responsive actions and/or disciplinary action is necessary.
Depending upon the circumstances, the principal or designee may choose to consult with the student’s teacher(s) and/or school counselor, and the target’s or student aggressor’s parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills development or counseling support.
The principal or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation. If bullying or retaliation is found, the action being taken to prevent further acts of bullying or retaliation will be communicated to the parents of the aggressor. All notices to parents must comply with applicable state and federal privacy laws and regulations. Because of the legal requirements regarding the confidentiality of student records, the principal or designee cannot report specific information to the target’s parent or guardian about the disciplinary action taken unless it involves a “stay away” order or other directive that the target must be aware of in order to report violations. If bullying or retaliation is found, the parents of the target will be informed of the school’s plan to monitor the situation and to help ensure the safety of their child.
E. Responses to bullying:
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Teaching appropriate behavior through skills-building
Upon the principal or designee determining that bullying or retaliation has occurred, the law requires that the school use a range of responses that balance the need for accountability with the need to teach appropriate behavior to the aggressor. M.G.L.c.71, 370 (d) (v). Skill-building approaches that the principal or designee may consider include:
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Offering individual or group skill-building sessions based on the school’s/district’s anti-bullying curriculum;
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Providing relevant education activities for individual students or groups of students in consultation with guidance counselors and other appropriate school personnel;
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Implementing a range of academic and nonacademic positive behavioral supports to help students understand prosocial ways to achieve their goals;
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Meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home;
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Adopting behavioral plans to include a focus on developing specific social skills; or
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Making a referral for an evaluation
2. Taking disciplinary action:
If the principal or designee decides that disciplinary action is appropriate, the disciplinary action will be determined on the basis of facts found by the principal or designee, including the nature of the incident, the age of the students(s) involved, and the need to balance accountability with the teaching of appropriate behavior. Discipline will be consistent with the Plan and the school’s or district’s code of conduct as found in each school’s Family Handbook which is signed-off annually by families. Depending on the nature and severity of the bullying, students may face a range of possible consequences including but not limited to one or more of the following; verbal warning, written warning, reprimand, detention, short term or long term suspension, expulsion. This list is not necessarily intended as a linear progression of disciplinary actions.
Discipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA), which should be consulted in conjunction with state laws and regulations regarding student discipline.
If the principal or designee determines that a student knowingly made a false allegation of bullying or retaliation, that student may be subject to disciplinary action.
3. Promoting safety for the target and others:
The principal or designee will consider what adjustments, if any, are needed in the school environment to enhance the target’s sense of safety and that of others as well. Possible strategies may include but are not limited to:
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Increase adult supervision at transition times and in locations where bullying is known to have occurred or is likely to occur;
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Adjust transportation arrangements;
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Change schedule;
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Teach skills that will increase the child’s resiliency; and
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Notify relevant faculty and staff to alert them to the need for increased vigilance
4. Follow-up:
Within a reasonable period of time following the determination and the implementation of remedial and/or disciplinary action, the principal or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed. If so, the principal or designee will work with appropriate school staff to implement support immediately.
VI. FAMILY COLLAB
VI. COLLABORATION WITH FAMILIES
A. Parent education and resources:
Strong partnerships between home and school will increase the capacity to support and promote proc-social behavior among students, and prevent and respond to bullying situations. The district will collaborate with organizations to provide supplemental learning opportunities related to issues pertinent to issues related to bullying. Among these are:
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Parent Teacher Organizations
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Special Education parent Advisory Councils
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Pentucket Education Foundation
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School Councils
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Pentucket Athletic Association
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Pentucket Arts Foundation
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Police Departments
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The Massachusetts Department of Mental Health
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Department of Children and Families
B. Notification requirements:
Each year the school or district will inform parents or guardians of enrolled students about the District’s Bullying Prevention & Intervention Plan. This notice will include information about the dynamics of bullying, including cyber-bullying and online safety. The school or district will send parents written notice each year about the student-related sections of the Plan and the school’s or district’s Internet Safety Policy. All notices and information made available to the parents or guardians will be available in the language(s) most prevalent among parents or guardians. The school or district will post the Plan and related information on its website (prsd.org)
VII. ANTI-BULLYING PROHIBITION
VII. PROHIBITION AGAINST BULLYING AND RETALIATION
The law requires each Plan to include a statement prohibiting bullying, cyber-bullying, and retaliation. The statement must be included in the Plan and included in the student code of conduct, the student handbook, and the staff handbook. The following statement is incorporated directly from M.G.L. c. 71, 37O (b), and describes the law’s requirements for prohibition of bullying. It may be tailored to meet the specific priorities of the school or district.
A. Acts of bullying, which include cyber-bullying, are prohibited:
1. on school grounds and property immediately adjacent to school grounds, at a school-sponsored
or school-related activity, function, or program whether on or off school grounds, at a school bus
stop, on a school bus or other vehicle owned, leased, or used by a school district or school; or
through the use of technology or an electronic device owned, leased, or used by a school district or
school, and
2. at a location, activity, function, or program that is not school-related through the use of technology or an electronic device that is not owned, leased, or used by a school district or school, if the acts create a hostile environment at school for the target or witnesses, infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a school.
Retaliation against a person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying is also prohibited. As stated in M.G.L. c.71, 37O, nothing in this Plan requires the district or school staff to do any non-school related activities, functions, or programs. For additional information, contact the superintendent of schools (978) 363-2280 / 22 Main Street, West Newbury, MA 01985
VIII. DEFINITIONS
VIII. DEFINITIONS
Several of the following definitions are copies directly from M.G.L. c. 71, 37O, as noted below. Schools or districts may add specific language to these definitions to clarify them, but may not alter their meaning or scope.
1. Aggressor is a student or a member of a school staff who engages in bullying, cyber bullying, or retaliation towards a student
2. Bullying, as defined M.G.L. c. 71, 37O, is the repeated use by one or more students or a member of a school staff of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a target that:
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causes physical or emotional harm to the target or damage to the target’s property;
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Places the target in reasonable fear of her to himself or herself or of damage to his or property;
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Creates a hostile environment at school for the target;
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Infringes on the rights of the target at school; or
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Materially and substantially disrupts the education process or the orderly operation of a school.
A working definition that may be more developmentally appropriate for use with students Is, “Bullying is unfair and one-sided. It happens when someone keeps hurting, frightening, threatening, or leaving someone out on purpose.”
3. Cyber-bullying is bullying through the use of technology or electronic devices such as telephones, cell phones, computers, and the Internet. It includes, but is not limited to, email, instant messages, text messages, internet postings, social media, and impersonation of another.. See M.G.L. c. 71, 37O for the legal definition of cyberbullying.
4. Hazing is 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, but is not limited to, 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 student or person, or which subjects any student or person to extreme mental stress, including extended deprivation of basic necessities, (i.e. sleep, food) or extended isolation.
5. Hostile environment, as defined in M.G.L. c. 71, 37O, is a situation in which bullying causes the school environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to alter the conditions of a student’s education.
6. Retaliation is any form of intimidation, reprisal, or harassment directed against a student who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying.
7. School Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, support staff, or paraprofessionals.
8. Target is a student against whom bullying, cyber-bullying, or retaliation has been perpetrated.
IX. RELATIONSHIP TO OTHER LAWS
IX. RELATIONSHIP TO OTHER LAWS
Consistent with state and federal laws and regulations, and the policies of the school or district, no person shall be discriminated against in admission to a public school of any town or in obtaining the advantages, privilege and courses of study of such public school on account of race, color, sex, religion, gender identity, national origin, or sexual orientation. Nothing in the Plan prevents the school or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected category (i.e.: special education, homeless students, 504 status, court involved students, students without citizenship or others as listed above) under local, state, or federal law, or school or district policies.
In addition, nothing in the Plan is designed or intended to limit the authority of the school or district to take disciplinary action or other action under M.G.L. c. 71, 37H, 37H1/2, or 37H3/4, collective bargaining agreements, other applicable laws, or local school or district policies in response to violent, harmful, or disruptive behavior, regardless of whether the Plan covers the behavior.
This Bullying Prevention and Intervention Plan shall be posted on the Pentucket Regional School District website www.prsd.org.
REFERENCES: MA Department of Elementary and Secondary Education’s Model Bullying Prevention and Intervention Plan
LEGAL REFERENCES:
Title VII, Section 703 Civil Rights Act of 1964 as amended
Federal regulation 74696 issued by EEO Commission
Title IX of the Education Amendments of 1972 603 CMR
26.00 MGL 71:37O MGL 265:43, 43A MGL 268: 13B MGL 269: 14A
CROSS REFERENCES:
AC, Nondiscrimination
ACAB, Harassment
JICFA Prohibition of Hazing
JK Student Discipline Policy
Student Handbooks
MA GENERAL LAW AND OTHER SCHOOL POLICIES
- DRUG, ALCOHOL, OR TOBACCO ABUSE POLICY
- NOTIFICATION OF RIGHTS
- FEEDBACK
- TITLE IX
- CHAPTER 76, Section 5
- REGULATIONS CONCERNING PHYSICAL RESTRAINT
- REPORTING SEXUAL ABUSE AND OTHER CRIMINAL CONDUCT
- HARASSMENT POLICY: Policy ACAB
- NOTIFICATION OF HOMELESS COORDINATOR
- HAZING
- CRIMES AGAINST PUBLIC PEACE
- REHABILITATION ACT OF 1973 INDIVIDUALS WITH DISABILITIES ACT (SECTION 504)
- DRUG AND ALCOHOL ABUSE (CHAPTER 71, SECTION 37H)
- DIGITAL USE POLICIES
- EQUAL OPPORTUNITY: NOTIFICATION OF ANTI-DISCRIMINATION
- STUDENT ASSIGNMENT TO SCHOOLS
- MEMORANDUM OF UNDERSTANDING
- MASSACHUSETTS GENERAL LAWS CHAPTER 71, SECTION 37H AND 37 ½ H REGARDING STUDENT DISCIPLINE
- BUSING TRANSPORTATION INFORMATION/ BUS ROUTES
DRUG, ALCOHOL, OR TOBACCO ABUSE POLICY
The District has established policies and procedures and works to promote a school environment free from the use of drugs, alcohol or tobacco. The PRSD School Committee has approved SUBSTANCE USE Procedures below:
I. Introduction
Role of school:
Substance use and abuse is one of society's most pervasive problems and it increasingly affects children and adolescents. Any pattern of use affects each user's community, family, peer relationships, and academic performance.
We have established a course of action involving members of the teaching staff, counseling department, and administration, whose primary goal is to maintain a positive and safe learning environment.
Voluntary admission of a substance abuse problem:
The school will strongly support any student who comes forth to voluntarily seek help for a substance abuse problem. The program coordinator will assist the student in accessing treatment programs, arrange for access to community resources when necessary, and provide support and information for Parents/guardians.
While it should be noted that no disciplinary action will be taken in the case of a student asking for help in overcoming a substance problem, the standard policies and procedures outlined will be followed for any substance use following this admission. A student may not voluntarily admit to using it as a means to circumvent the disciplinary procedures. An admission and request for assistance must precede a disciplinary investigation.
Role of parents:
Pentucket expects that Parents/guardians want to know of the school's concern and, furthermore, expects the cooperation of the family in overcoming a suspected problem. Therefore, when school personnel suspect that a problem with substance use exists for a student, it is the school's policy to notify Parents/guardians of this concern.
When needed, a member of the staff will also make recommendations to the student and his or her family regarding treatment programs and to provide information for Parents/guardians.
In all cases, Parents/guardians will be fully apprised of the situation throughout the intervention and disciplinary process. The school will assure that the principles of due process are observed at every stage.
II. Policies
Items included in these policies:
The table below defines the items included in this policy:
Illegal Drugs |
Any controlled substance not legally obtained, and prescribed drugs not being used in the prescribed dosage or for the prescribed purpose, including drugs prescribed legally, but for someone other than the student. The term further refers to other substances (e.g. mail- order stimulants or pills, nitrous oxide, glue) that are used for something other than their intended purpose. |
Paraphernalia |
Paraphernalia associated with substance abuse (e.g. tobacco rolling papers, rolling machines, pipes, "roach" clips) will be viewed by as evidence of a student's intention to use illegal drugs and will be dealt with as a suspected substance use problem |
Prescription and Non-Prescription Medications |
To ensure the safe use of medication by students, ALL exceptions for inhaler and diabetes treatment] medication is to be kept in the Health Center and dispensed under a nurse's direction. Students are not to have prescription or non- prescription medication such as No-Doz, Nyquil, diet pills, laxatives, or any products containing Ephedra or Creatine in their personal possession. Possession, use, or distribution of such medications by a student is viewed as a serious health and safety concern by the school. |
Household cleaning solutions |
The misuse of common household cleaning solutions or air fresheners creates a clear and present danger to the health and safety of students. Therefore, in accordance with our substance policies, any student found to be misusing such items will be in violation of our substance abuse policies. |
Prohibited actions at school:
The following actions are strictly prohibited and will result in disciplinary action:
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Student’s use of illegal drugs, narcotics, and/or alcohol on school property, on school buses, at school bus stops, and/or at school-sponsored or school-related functions.
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Student possession of illegal drugs, narcotics, alcohol and/or drug paraphernalia on school property, on school buses, at school bus stops, or at school-sponsored or school-related functions.
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Being under the influence of illegal drugs, narcotics, and/or alcohol on school property, on school buses, at school bus stops, or at school-sponsored or school-related functions.
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Student sale, distribution, or attempted sale or distribution of illegal drugs, narcotics, and/or alcohol on school property, on school buses, at school bus stops, or at school sponsored or school- related functions.
Knowingly being in the presence of illegal substances:
A student who is present where he/she knows illegal substances are being used will be deemed at risk for substance use. Therefore, a student caught knowingly in the presence of substance use will be referred to the principal or vice-principal and the situation may be treated as a first offense in accordance with the Code of Conduct.
Possession, sale, or distribution of illegal substances and police involvement:
Students found in possession of, selling or distributing illegal drugs, narcotics, or drug paraphernalia while on school property, on a school bus, or while attending school-sponsored or school-sanctioned functions will be reported to the police and disciplined according to the Code of Conduct.
Suspicion of substance use or abuse:
In cases where there is suspicion, but no irrefutable evidence of drug or alcohol use, the school reserves the right to take certain actions on behalf of the suspected student(s). Such actions may include any or all of the following: intervention by faculty members known to be close to the student(s), interview by a counselor, participation in a counseling program, etc.
III. Procedures
Investigation process:
When a student is believed to have violated the district’s substance abuse policy, the following events will occur:
Stage |
What happens |
1 |
The student will be referred to the principal or the assistant principal. |
2 |
The administrator may contact the school nurse concerning the case. If the nurse or other medical professional determines that physical symptoms may be present after speaking with the student and evaluating the symptoms, the nurse or other medical professional will make recommendations to the referring administrator. |
3 |
The principal or assistant principal will, if reasonably possible, notify the student’s parent(s) or legal guardian(s). |
4 |
The principal or assistant principal will inform the student, in the presence of his/her parent(s) or legal guardian(s) if reasonably possible, of the conduct prohibited in which the principal or assistant principal believes the student has engaged. |
5 |
The student will have the opportunity to respond to the principal or assistant principal. |
6 |
After considering the information, if the principal or assistant principal believes a violation has occurred, the principal or assistant principal may suspend the student in accordance with the Code of Conduct The offense may be reported to local police authorities. |
7 |
Following the meeting with the principal or assistant principal, the student will be released from school, and as a general rule, will be released only into the care and custody of his/her parent(s) or legal guardian(s) or other responsible adults designated by the student’s parent(s) or legal guardian(s). |
8 |
The student will serve his or her suspension or other consequences as determined by the principal or assistant principal. |
9 |
Prior to the student’s return to school, and as a condition of his/her return to school, the parent(s) and/or legal guardian(s) and the student must meet with the principal or assistant principal and/or other staff. |
Parental involvement:
Should the parent(s) or legal guardian(s) fail to cooperate with the school authorities at any point in this process, the school authorities may find it necessary to pursue a CHINS or file a report with the Department of Children and Families (i.e 51A Report).
Consequences for violating policy:
Any student determined to be in violation of Pentucket’s substance abuse policy will be required to take the following steps. Offense status remains in effect for 12 months from the date of the infraction.
1. The student will serve an in-house suspension for 1-10 consecutive school days.
During this time, the student:
a. Will not be able to participate in the regular day-to-day routine, including classes, athletics or other extra-curricular activities. Note: At the discretion of the principal or assistant principal, a student may be suspended from athletic and other student activities for up to 45 days. The factors used to determine this will include whether this is a first time or repeat offense and whether there is an agreed upon parental/student treatment plan.
b. Will be assigned community service at the school.
c. Will be required to make up missed class work in a structured study hall. Any sleeping or outright refusal to work throughout the day will result in make-up of that day by extension of the suspension period.
2. During the in-house suspension, the student may volunteer for a work detail. This could involve cleaning, grounds maintenance, or other work around the school community. Work details are voluntary. No student will be mandated to do a work detail.
3. Upon the student's return from suspension, he/she will be required to complete an interview with a Pentucket school counselor. The purpose of this initial interview will be to determine the level of potential involvement with substances and to provide the family with recommendations as to any further need for intervention.
IF the initial assessment… |
THEN the student will be … |
Does not indicate substance dependence |
Monitored by school personnel as needed. |
Indicates substance dependence Indicates behavior that is a high risk |
Referred to a substance abuse counselor for additional assessment and follow up. |
Repeat offenses:
The policy and process listed above apply to all violations of this policy.
If a student violates this policy more than once, the school may also require the student and parents to agree to a treatment plan. The school may also monitor the student for up to 18 months to ensure that this plan is successful.
IV. Additional information for athletes:
MIAA Chemical Health Rule: Alcohol, Tobacco, Drugs
During the season of practices or play, a student shall not, regardless of the quantity, use, consume, possess, buy/sell, or give away any beverage containing alcohol, any tobacco product, marijuana, steroid, or any controlled substance. It is not a violation for a student to be in possession of a legally defined drug specifically prescribed for the student’s own use by his/her physician.
The MIAA Rule will be in effect during the school day and at all extra-curricular and school sponsored activities. School is considered to be any location where a school sponsored activity is taking place. The prescribed penalties, listed below, will commence for the “out-of-school” student-athlete at the start of his/her athletic season.
In season athletes:
The Minimum Penalties are:
First Violation: When the principal or assistant principal confirms, following an opportunity for the student to be heard, that a violation occurred, the student shall lose eligibility for the next 2 consecutive interscholastic events, or 2 weeks of a season in which the student is a participant whichever encompasses the greater number of contests. No exception is permitted for a student who becomes a participant in a treatment program. It is recommended that the student be allowed to remain at practice for the purpose of rehabilitation.
Second and Subsequent Violations: The student shall lose eligibility for the next 12 consecutive athletic events or 12 consecutive weeks, whichever encompasses the greater number of contests in which the student is a participant.
Out of season athletes:
For out-of-season athletes, Pentucket School District will use its own policy as described above.
NOTIFICATION OF RIGHTS
In accordance with state and federal regulations, the Pentucket Regional School District offers the following explanation of two important pieces of legislation affecting public schools. Title IX of the Educational Amendments of 1972, a federal law, prohibits discrimination in schools on the basis of sex. Chapter 76 of the General Laws for the Commonwealth of Massachusetts, prohibits discrimination in the schools on the basis of race, color, sex, religion or national origin. These laws are somewhat different in scope and coverage and are therefore explained separately below.
Language Access Implementation Plan
Purpose
Pentucket Regional School District is committed to providing meaningful access to individuals with limited English proficiency (LEP) via the delivery of language services and resources. The Pentucket Regional School District Language Access Implementation Plan helps manage the roles and responsibilities of staff members with respect to overcoming barriers for individuals with limited English proficiency (LEP). This document outlines how Pentucket Regional School District defines language assistance tasks, deadlines and priorities, assigned responsibilities, and the allocation of resources necessary to meet or exceed compliance with language access requirements.
Language Access Procedures specify for staff members the steps to follow to provide language services, gather data, and deliver services to LEP individuals. These procedures are published in handbooks, on District and school websites, and in school offices.
Procedure
Ms. Marci Boccuzzi – 978-363-2280 – mboccuzzi@prsd.org
Director of Supplemental and Intensive Services
Pentucket Regional School District takes reasonable steps to ensure meaningful access to programs and activities by LEP persons. A balance of the following four factors are used in the District’s assessment:
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The number or proportion of LEP persons eligible to be served or likely to be encountered by the program.
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The frequency with which LEP individuals come in contact with the program.
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The nature and importance of the program, activity, or service provided by the program to people’s lives.
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The resources available to the District and costs.
The intent is to find a balance that ensures meaningful access by LEP persons to critical series while not imposing undue burdens.
Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or “LEP”. These individuals may be entitled to language assistance with respect to a particular type of service.
An individual’s primary language will be identified and documented utilizing one or more of the following methods:
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Self-identification by the LEP individual or identification by a companion
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Use of “I Speak” Language Identification Cards
Interpretation refers to the process of orally rendering communication from one language into another, while translation refers to the same process in written language. Interpretation involves the immediate communication of meaning from one language (the source language) into another (the target language). From the standpoint of the user, a successful interpretation is one that faithfully and accurately conveys the meaning of the source language orally, reflecting the style, register, and cultural context of the source message, without omissions, additions or embellishments on the part of the interpreter. An interpreter conveys meaning orally, while a translator conveys meaning from written text to written text. As a result, interpretation requires skills different from those needed for translation.
Vital documents are translated into the non-English language of each regularly encountered LEP group eligible to be served or likely to be affected by the program or activity. A document will be considered vital if it contains information that is critical for obtaining federal services and/or benefits, or is required by law. Vital documents include, for example: applications, consent and complaint forms; notices of rights and disciplinary action; notices advising LEP persons of the availability of free language assistance; written tests that do not assess English language competency, but rather competency for a particular license, job, or skill for which English competency is not required; and letters or notices that require a response. Non-vital information includes documents that are not critical to access such benefits and services. Advertisements of federal agency tours and copies of testimony presented to Congress that are available for information purposes would be considered non-vital information.
Vital documents must be translated when a significant number or percentage of the population eligible to be served, or likely to be directly affected by the program/activity, needs services or information in a language other than English to communicate effectively. For many larger documents, translation of vital information contained within the document will suffice and the documents need not be translated in their entirety.
Though meaningful access to a program requires an awareness of the program's existence, it would be impossible, from a practical and cost-based perspective, to translate every piece of outreach material into every language. Title VI does not require it. Nevertheless, because in some circumstances lack of awareness of the existence of a particular program may effectively deny LEP individuals meaningful access, Pentucket Regional School District will continually assess the needs of eligible service populations in order to determine whether certain critical outreach materials should be translated into other languages.
FEEDBACK
Pentucket Regional School District is committed to continuous improvement and welcomes feedback from LEP individuals. Individuals may submit feedback to School Principals, the Superintendent of schools or directly to the Director of Supplemental and Intensive Services. In this way, Pentucket Regional School District supports a feedback process that is transparent and accessible to LEP persons. Any LEP individual is welcome to provide feedback to communicate his or her comments or suggestions regarding the failure to provide language access or any other agency criticism. All feedback will be forwarded to the Director of Supplemental and Intensive Services for purposes of maintaining a record of feedback received and any resolution based on LEP individual’s comments or suggestions.
TITLE IX
The governing regulations of Title IX – effective July 1975 – cover all aspects of sex discrimination in schools with regard to admissions, treatment of students and employment. Specifically Title IX states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under an educational program of activity receiving Federal financial assistance.
CHAPTER 76, Section 5
Chapter 76 is referred to as “An Act to Prohibit Discrimination in the Public Schools”. The law reads as follows:
No person shall be excluded from or discriminated against 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, religion or national origin.
This law makes it clear that all aspects of public school education must be fully open and available to members of both sexes and of minority groups. The regulations address five areas of school policy:
1. School admission
2. Admissions to courses of study
3. Guidance
4. Extra-curricular, and
5. Athletic activities
REGULATIONS CONCERNING PHYSICAL RESTRAINT
It is the policy of the Pentucket Regional School District to provide a safe, productive workplace and educational environment for its employees and students, while ensuring that every student in the Pentucket Regional School District is free from unreasonable use of physical restraint. It is the policy that physical restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or have been deemed inappropriate and with extreme caution. As part of a comprehensive approach to safety, all schools have physical restraint procedures in place which are consistent with 603 CMR 46.00. Qualified trained school personnel carry out specific procedures and parents/guardians are notified as outlined in the Pentucket’s physical restraint procedures.
REPORTING SEXUAL ABUSE AND OTHER CRIMINAL CONDUCT
General Laws Chapter 119, Section 51A, makes administrators, teachers, school nurses, guidance counselors and other school staff members mandated reporters for purposes of reporting child abuse and neglect to the Department of Social Services (DCF). Under M.G.L. c. 119, Section 51A, a school staff member who has reasonable cause to believe that a student under the age of 18 years is suffering physical, sexual, or emotional abuse, or neglect, by a parent, guardian, school staff member, or other caretaker, must immediately report the abuse or neglect either directly to the DCF or to the person designated by the school to accept those reports, who, in turn, must promptly report the abuse to the DCF.
HARASSMENT POLICY: Policy ACAB
ACAB HARASSMENT
The Pentucket Regional School Committee and Pentucket Regional Schools are committed to maintaining an education and work environment for all school community members that is free from all forms of harassment, including sexual harassment. The members of the school community include the School Committee, employees, administration, faculty, staff, students, volunteers in the schools, and parties contracted to perform work for the Pentucket Regional Schools.
Harassment of students by other students, employees, vendors and other 3rd parties will not be tolerated in the Pentucket Regional School District. The alleged harassment must involve conduct that occurred within the school’s own program or activity, such as whether the harassment occurred at a location or under circumstances where the school owned, or substantially controlled the premises, exercised oversight, supervision or discipline over the location or participants, or funded, sponsored, promoted or endorsed the event where the alleged harassment occurred, against a person in the United States. This policy is in effect while students are on school grounds, school District property or property within the jurisdiction of the school District, school buses, or attending or engaging in school sponsored activities.
Harassment prohibited by the District includes, but is not limited to, harassment on the basis of race, sex, gender identity, creed, color, national origin, sexual orientation, religion, marital status or disability. Students whose behavior is found to be in violation of this policy will be subject to disciplinary action up to and including suspension or expulsion pursuant to disciplinary codes. Employees who have been found to violate this policy will be subject to discipline up to and including termination of employment, subject to contractual disciplinary obligations.
Employee-to-Student Harassment means conduct of a written, verbal or physical nature that is designed to embarrass distress, agitate, disturb or trouble students when:
● Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s education or of a student’s participation in school programs or activities; or
● Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student.
Student- to-Student Harassment means conduct of a written, verbal, or physical nature that is designed to embarrass, distress, agitate, disturb or trouble students, when:
● Such conduct has the purpose or effect of unreasonably interfering with a student’s performance or creating an intimidating a hostile learning environment.
Harassment as described above may include, but is not limited to:
● Written, verbal, or physical (including texting, blogging, or other technological methods) harassment or abuse;
● Repeated remarks of a demeaning nature;
● Implied or explicit threats concerning one’s grades, achievements, or other school matter;
● Demeaning jokes, stories, or activities directed at the student.
By law, what constitutes harassment is determined from the perspective of a reasonable person with the characteristic on which the harassment is based. Individuals should consider how their words and actions might reasonably be viewed by others.
The District will promptly and reasonably investigate allegations of harassment through designation of Title IX Coordinator or building based employees, who may include Principals or their designees. The Superintendent will recommend, in consultation with the principals, opportunities to the designated recipients for appropriate training.
Sexual harassment is unwelcome conduct of a sexual nature. The definition includes unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity it also includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment includes conduct by an employee conditioning an educational benefit or service upon a person’s participation in unwelcome sexual conduct, often called quid pro quo harassment and, sexual assault as the Federal Clery Act defines that crime. Sexual violence is a form of sexual harassment. Sexual violence, as the Office of Civil Rights (OCR) uses the term, refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse and sexual coercion. Massachusetts General Laws Ch. 119, Section 51 A, requires that public schools report cases of suspected child abuse, immediately orally and file a report within 48 hours detailing the suspected abuse to the Department of Children and Families. For the category of sexual violence, in addition to Section 51A referrals these offences and any other serious matters shall be referred to local law enforcement. Schools must treat seriously all reports of sexual harassment that meet the definition of sexual harassment and the conditions of actual notice and jurisdiction as noted above. Holding a school liable under Title IX can occur only when the school knows of sexual harassment allegations and responds in a way that is deliberately indifferent (clearly unreasonable in light of known circumstance).
While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which if unwelcome, may constitute sexual harassment, depending on the totality of the circumstances, including the severity of the conduct and its pervasiveness:
● Unwelcome sexual advances—whether they involve physical touching or not;
● Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
● Displaying sexually suggestive objects, pictures, cartoons;
● Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
● Inquiries into one’s sexual experiences; and,
● Discussion of one’s sexual activities.
The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating an environment that is hostile, offensive, intimidating, to male, female, or gender nonconforming students or employees may also constitute sexual harassment.
Because the District takes allegations of harassment, including sexual harassment, seriously, we will respond promptly to complaints of harassment including sexual harassment, and following an investigation where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose corrective action as is necessary, including disciplinary action where appropriate.
Please note that while this policy sets forth our goals of promoting an environment that is free of harassment including sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of harassment or sexual harassment.
Retaliation against a complainant, because they have filed a harassment or sexual harassment complaint or assisted or participated in a harassment or sexual harassment investigation or proceeding, is also prohibited. A student or employee who is found to have retaliated against another in violation of this policy will be subject to disciplinary action up to and including student suspension and expulsion or employee termination.
The complainant does not have to be the person at whom the unwelcome sexual conduct is directed. The complainant, regardless of gender, may be a witness to and personally offended by such conduct.
NOTICE OF SEXUAL HARASSMENT
The regulations require a school district to respond when the District has actual notice of sexual harassment. School districts have actual notice when an allegation is made known to any school employee. Schools must treat seriously all reports of sexual harassment that meet the definition of harassment and the conditions of actual notice and jurisdiction as noted whether or not the complainant files a formal complaint. Holding a school liable under Title IX can occur only when the school knows of sexual harassment allegations and responds in a way that is deliberately indifferent (clearly unreasonable in light of known circumstances). Schools are required to investigate every formal complaint and respond meaningfully to every known report of sexual harassment.
The regulation highlights the importance of supportive measures designed to preserve or restore access to the school’s education program or activity, with or without a formal complaint. Where there has been a finding of responsibility, the regulation would require remedies designed to restore or preserve access to the school’s education program or activity.
DUE PROCESS PROTECTIONS
Due process protections include the following:
1. A presumption of innocence throughout the grievance process, with the burden of proof on the school;
2. A prohibition of the single investigator model, instead requiring a decision –maker separate from the Title IX Coordinator or investigator;
3. Application of a preponderance of evidence standard;
4. The opportunity to test the credibility of parties and witnesses through cross examination at a live hearing, if offered by the district, subject to “rape shield” protections;
5. Written notice of allegations and an equal opportunity to review the evidence; 6. Title IX Coordinators, investigators, and decision-makers must be free from bias or conflict of interest;
7. Equal opportunity for parties to appeal, where schools offer appeals; and
8. Upon filing a formal complaint the school must give written notice to the parties containing sufficient details to permit a party to prepare for any initial interview and proceed with a factual investigation. For K-12 schools, a hearing is optional at the election of the district, but the parties must be allowed to submit written questions to challenge each other’s credibility before the decision-maker makes a determination. After the investigation, a written determination must be sent to both parties explaining each allegation, whether the respondent is responsible or not responsible, including the facts and evidence on which the conclusion was based by applying the preponderance of the evidence standard. As long as the process is voluntary for all parties, after being fully informed and written consent is provided by both parties, a school may facilitate informal resolution of a sexual complaint.
The District may establish an informal investigation process that may, upon the request of the complainant, be followed by a formal process.
The Superintendent in consultation with the Title IX Coordinator shall designate the Principal of each school in the District, or their designee (or some other appropriate employee(s)) as the initial entity to receive the sexual harassment complaint. Also, in a matter of sexual harassment, the district shall require that the Title IX Coordinator be informed, as soon as possible, of the filing of the complaint. Nothing in this policy shall prevent any person from reporting the prohibited conduct to someone other than those above designated complaint recipients. The investigating officer may receive the complaint orally or in writing, and the investigation shall be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and in compliance with applicable law. The investigation will be prompt, thorough, and impartial, and will include, at least, a private interview with a person filing the complaint and with witnesses. Also, the alleged harasser will be interviewed. When the investigation is completed, the complaint recipient will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.
RECORD KEEPING REQUIREMENTS
Schools must create and maintain records documenting every Title IX sexual harassment complaint. This could include mediation, restorative justice, or other models of alternative dispute resolution. Schools must keep records regarding the school’s response to every report of sexual harassment of which it becomes aware even if no formal complaint was filed, including documentation of supportive matters offered and implemented for the complainant.
This policy, or a summary thereof that contain the essential policy elements shall be distributed by the Pentucket Regional School District to its students and employees and each parent or guardian shall sign that they have received and understand the policy.
District’s Title IX Coordinator – Assistant Superintendent, Brent Conway 978-363-2280
Bagnall School, Groveland – Principal Jim Day 978-372-8856 x 102
Dr. John C. Page School, West Newbury – Principal Emily Puteri 978-363-2672
Merrimac Schools, Merrimac – Principal Stephanie Dembro 978-346-8921
Pentucket Regional High School – Principal Brenda Erhardt 978-363-5507
Please note that the following entities have specified time limits for filing a claim. The Complainant may also file a complaint with:
● The Mass. Commission Against Discrimination
1 Ashburton Place, Room 601
Boston, MA 02108
Phone: 617-994-6000.
● Office for Civil Rights (U.S. Department of Education)
5 Post Office Square, 8th Floor,
Boston, MA 02109
Phone: 617-289-0111.
● The United States Equal Employment Opportunity Commission,
John F. Kennedy Bldg.
475 Government Center
Boston, MA 02203
LEGAL REF.: M.G.L. 151B:3A
Title IX of the Education Amendments of 1972
BESE 603 CMR 26:00
34 CFR 106.44 (a), (a)-(b)
34 CFR 106.45 (a)-(b) (1) 34 CFR 106.45 (b)(2)-(b)(3,4,5,6,7) as revised through June 2020
SOURCE: MASC July 2020
ADOPTED: November 9, 2021
UPDATED: March 28, 2023
Note: A summary of the attached Policy, as adopted, must be sent to parents/guardians, students, employees, unions, and prospective employees of the school district including Title IX Coordinator(s), investigator(s) and the decision-maker. The above referenced employees must attend training sessions on the implementation of the Policy.
SOURCE: MASC July 2020
ACAB-R Grievance Procedure for Complaints of Sexual Harassment
under Title IX of the Education Amendments of 1972
The following grievance procedures apply to all complaints made by students or staff of sexual harassment, sexual assault or sexual violence under Title IX of the Education Amendments of 1972 and in accordance with School Committee Policy ACAB.
I. Reporting of Sexual Harassment Complaints
A. How to Report a Complaint of Sexual Harassment
Students and employees who believe they have experienced or witnessed sexual harassment should notify the District’s designated Title IX Coordinator, Assistant Superintendent Brent Conway, 978-363-2280. If the complaint concerns allegations against the Title IX Coordinator, then the complaint should be filed with the Superintendent or designee.
Employees who witness sexual harassment or have a reasonable belief that it is occurring, are required to report it immediately to the Title IX Coordinator.
Reports of sexual harassment may also be made by employees to their direct supervisor and by students to a teacher, counselor, school nurse or building administrator, who shall immediately bring such report to the attention of the Title IX Coordinator.
The complaint may be filed by the alleged victim or any other party. Any person filing a complaint is encouraged to do so within a short time after the occurrence giving rise to the complaint, to assure a prompt investigation and fair resolution.
B. Handling of Sexual Harassment Complaints
All complaints shall be processed in a fair, expeditious and confidential manner. The Title IX Coordinator is responsible for overseeing the complaint response, including implementation of supportive measures and the grievance/appeal process. In doing so, the Title IX Coordinator may delegate certain duties to a designee. Complaints can be investigated by a building administrator, district-level staff member, or the Title IX Coordinator. The decision maker must be a separate individual from the investigator. The Title IX Coordinator (or designee), investigator and decision maker shall not have a conflict of interest or bias. All Title IX personnel shall receive appropriate training in accordance with Section VIII below.
II. Supportive Measures and Filing of a Formal Complaint
A. Supportive Measures
Once a report of sexual harassment has been received, the Title IX Coordinator or designee will promptly contact the alleged victim (the “Complainant”) to discuss the availability of supportive measures and consider the Complainant’s wishes with respect to supportive measures, The District must investigate sexual harassment allegations in any formal complaint. The District must
inform the Complainant of the availability of supportive measures with or without filing a formal complaint, and explain to the Complainant the process for filing a formal complaint. Supportive measures shall also be offered to the Respondent as necessary to ensure continued and equal access to the education program and/or activity during any investigation.
“Supportive measures” are individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, and deter sexual harassment. Supportive measures must be offered to both the Complainant and the Respondent, and may include, but not be limited to” no contact orders, change of class schedules, modifications of assignments/work, leaves of absence, increased security and monitoring of certain areas of the campus, and other appropriate measures.
In addition to the above supportive measures, the District, in its discretion, may consider the emergency removal of a student in accordance with applicable student discipline regulations. The District may place an employee on paid administrative leave during the course of an investigation of sexual harassment allegations against said employee as determined appropriate and consistent with any applicable collective bargaining agreement.
B. Filing a Formal Complaint
A formal complaint may be filed in writing by the Complainant or presented verbally and put into writing and signed by the Title IX Coordinator or designee. The District will respect the wishes of the Complainant with respect to whether the District investigates a report of sexual harassment, unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the Complainant is not clearly unreasonable in light of the known circumstances.
C. Contents of a Formal Complaint
A formal complaint is signed by a Complainant or the Title IX Coordinator or designee alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the District. A formal complaint may be filed with the Title IX Coordinator or designee in person, by mail, or by electronic mail, by using the contact information set forth herein.
The District must investigate sexual harassment allegations in any formal complaint. If the allegations in the formal complaint do not meet the definition of sexual harassment as set forth under Title IX, or did not occur in the District’s education program or activity, the District must dismiss such allegations for the purposes of Title IX, but may still address the allegations in any manner that the District deems appropriate consistent with its policies, procedures and code of conduct, including but not limited to its antibullying policies and plan.
III. Informal or Formal Resolution of Complaint
The District must offer the Complainant a formal resolution process and may offer an informal resolution process. If the District does not provide the option of informal resolution, the formal resolution process shall be followed.
A. Informal Resolution Process
If the District elects to offer an informal resolution process, such process shall be offered and implemented at the election of the Complainant and only after receipt of voluntary, informed, written consent of both the Complainant and the Respondent. The Complainant may elect informal resolution of a complaint at any time prior to a final determination by the decision maker . This may include conciliation and/or mediation by an individual trained to conduct such processes. At any time prior to agreeing to a resolution, either party has the right to withdraw from the informal resolution process and resume the formal complaint grievance process.
The District shall not offer an informal resolution process when a student alleges sexual harassment by staff.
B. Formal Resolution Process
The formal complaint process will comply with the grievance procedures outlined below
IV. Grievance Procedure
In accordance with Title IX and its supporting regulations, the District shall implement the following process when investigating formal complaints of sexual harassment:
A. The Complainant and Respondent will be treated equally throughout the investigation process and be provided with written notice of the allegation (including sufficient details known at the time and with sufficient time to prepare a response before any initial interview), the grievance process, the range of possible remedies the District may provide a Complainant and disciplinary sanctions the District might impose on a respondent, following determinations of responsibility. Both parties have the right to have a representative/advisor participate in the process on their behalf.
B. Any interim supportive measures, as appropriate, will be offered to both parties.
C. The investigator will conduct an objective evaluation of all available evidence. This shall include an interview of both the Complainant and the Respondent, during which each party shall have a full opportunity to state their case through the presentation of witnesses and other evidence. Witnesses and other persons relevant to the complaint, if any, may also be interviewed. Please note that, during the investigation, rape shield protections apply to the Complainant and Complainants may generally not be asked about their prior sexual behavior.
D. During the investigation process, the parties shall not be prohibited from discussing the complaint or collecting evidence.
E. The investigation shall be completed in a reasonable time frame within thirty (30) school days except for good cause. Good cause may include, but not be limited to, unavailability of a party, concurrent pending law enforcement investigation, or need for interpreter or accommodation of any party or witnesses’ disability.
F. During the investigation, there is a presumption that the Respondent is not responsible for the alleged conduct until a determination is made at the conclusion of the grievance process.
G. The investigator will make findings based on a preponderance of the evidence standard.
H. The investigator will not request or solicit information from any party or witness that constitutes disclosure of information that is protected under a legally recognized privilege, unless the holder of the privilege voluntarily waives the privilege.
I. Prior to the conclusion of the investigation, and at least ten (10) calendar days prior to completion of the investigation, the Complainant and Respondent will both be provided a copy of the investigation report and an opportunity to submit any additional information they would like considered by the investigator before their report is finalized. Both parties shall be provided the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party.
J. Once the investigation has been completed, the investigator will submit their investigation report, with recommendations with regard to responsive measures, to the decision maker. The Complainant and Respondent shall also be advised, in writing, of the investigator’s findings and recommendations.
K. The decisionmaker will review the investigation report and hold a disciplinary hearing with the Respondent, in accordance with applicable procedures (for student or employee).
L. The decision maker will advise both parties of the final determination and any related remedial/responsive measures in a manner that complies with applicable laws regarding student confidentiality and appeal rights. The Respondent will be notified of any disciplinary action and other remedial measures, if the complaint is substantiated. Notice of such final determination will be made in writing and sent simultaneously to the parties along with information about how to file an appeal.
V. Disciplinary Action
If a complaint is substantiated, the District will act promptly to eliminate the behavior and will refer the matter to the proper supervisor or administrator for appropriate responsive measures, including but not limited to disciplinary action and restoring a sense of safety for the Complainant. For students, discipline will be imposed consistent with the Code of Conduct and Massachusetts Student Discipline Law.
Discipline of employees will be consistent with collective bargaining procedures, if applicable, and may include disciplinary action up to and including dismissal.
Responsive measures will also include any steps necessary to prevent the recurrence of any discrimination and/or harassment and will include corrective action aimed at eliminating any discriminatory effects on the complainant and others, as appropriate.
VI. Retaliation Prohibited
Retaliation in any form against any person because of or related to a sexual harassment or retaliation complaint, or because of or related to cooperation with an investigation of a sexual harassment or retaliation complaint, is unlawful and prohibited. Retaliation is also prohibited against any individual that participates or chooses not to participate in the grievance process.
If retaliation occurs, it could be considered grounds for discipline, up to and including suspension and/or discharge for employee(s), and appropriate disciplinary action for students.
VII. Appeal Procedure
Both parties have the right to appeal the decision maker's determination to the Superintendent or designee. Any appeal should be submitted in writing to the Superintendent within ten (10) calendar days of receipt of the final determination.
The Superintendent or designee in reviewing the appeal may consider the following factors:
A. Was there any procedural irregularity with the investigation process?
B. Is there any new evidence not reasonably available at the time of the investigation?
C. Did the Title IX investigator have a conflict of interest?
The decision of the appeal process is final and is not subject to further review by the School Committee.
VIII. Training Requirements
All Title IX personnel including Title IX Coordinators, investigators, decision-makers, people who facilitate any informal resolution process shall receive training as required by Title IX and its supporting regulations. All training materials shall be made available to the public for inspection upon request.
SOURCE: PRSD
ADOPTION: November 9, 2021
NOTIFICATION OF HOMELESS COORDINATOR
HAZING
Pentucket Regional School District prohibits hazing of any kind. Every incident deemed to be hazing by the administration would incur a disciplinary consequence appropriate to the action. Pentucket Regional School District strives to maintain a safe and positive environment for students and staff. Hazing activities of any type are inconsistent with the philosophy and educational goals of the district and are prohibited.
No Pentucket Regional School District employee, student, coach, sponsor, volunteer, chaperone, person, organization or group shall plan, initiate, direct, encourage, assist, or engage in hazing or improper initiation activity.
Hazing or improper initiation on school property or in any place under the permanent or temporary control of the School District, whether on public or private property, or while being transported to or from school by the School District, or at school, or during any school sponsored organization, activities, or games, or by any student group, team or organization which is recognized by or permitted to use the facilities of the School District, by or toward any other student of the Pentucket Regional School District is prohibited.
MGL Chapter 269, Section 17 defines hazing as “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” (See full text in page devoted to Massachusetts General Laws, Chapter 266. Crimes Against Public Peace.)
Students who have been subjected to hazing shall promptly report such incidents to the School Principal or his/her designee and, according to the referenced law, to the police. If the hazing occurs off school property, it shall be reported immediately to the Pentucket Regional School District employee, sponsor, coach, volunteer, or chaperone in charge. In the case where this reporting is verbal, subsequent written reporting may be required. The school administration will immediately investigate all complaints, formal or informal, verbal or written and will appropriately discipline any student and/or employee who engages in hazing. Disciplinary action may include suspension or expulsion of the offending student(s) from the organization and/or school or suspension or discharge of the offending employee.
CRIMES AGAINST PUBLIC PEACE
Chapter 269: Section 17. Hazing; organizing or participating; hazing defined.
Section 17. Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished 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 both such fine and imprisonment.
The term “hazing” as used in this section and in section eighteen, 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 the contrary, consent shall not be available as a defense to any prosecution under this action.
Chapter 269: Section 18. Failure to report hazing.
Section 18. 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.
REHABILITATION ACT OF 1973 INDIVIDUALS WITH DISABILITIES ACT (SECTION 504)
It is the practice of the Pentucket Regional School District to provide a free and appropriate public education to each handicapped student within its jurisdiction, regardless of the nature of the severity of the handicap.
It is the intent of the Pentucket Regional School District to ensure that students who are handicapped within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be handicapped under this policy even though they do not require services pursuant to the Individuals with Disabilities Education Act (IDEA-04) and the Commonwealth of Massachusetts Special Education Act known as Chapter 766.
Due process rights of handicapped students and their parents under Section 504 will be enforced. Each school has a designated school-based Coordinator of Section 504. Ms. Marci Boccuzzi is Coordinator of Section 504 activities for the Pentucket Regional School District. She can be reached at (978) 363-2280.
DRUG AND ALCOHOL ABUSE (CHAPTER 71, SECTION 37H)
It is the legal, moral and social responsibility of the Pentucket Regional School District to establish policies and procedures, and encourage administrative action that will promote a school environment that is safe and free from the use, sale or transfer of drugs or alcohol.
The Educational Reform Act of 1993 makes clear that certain serious violations relating to illegal drug involvement, possession of dangerous weapons, or assaults on faculty can result in expulsion from school. Moreover, Section 37H, Chapter 71, of the Massachusetts General Laws, calls for student handbooks to make clear the consequences a student may face with regard to these serious disciplinary infractions. These are outlined elsewhere in this handbook.
DIGITAL USE POLICIES
IJNDB - DIGITAL USE POLICY
Purpose
The School Committee recognizes the need for students to be prepared to contribute to and excel in a connected, global community. To that end, Pentucket Regional School District (PRSD) provides ongoing student instruction that develops digital citizenship skill sets for using technology as a tool. Information and communication technology are an integrated part of our curriculum across subjects and grades in developmentally appropriate ways and are aligned with the Massachusetts Curriculum Frameworks and standards, including seeking knowledge and understanding; thinking critically and solving problems; listening, communicating, and interacting effectively; and engaging and competing in a global environment.
Availability
The Superintendent, or his/her designee, shall implement, monitor, and evaluate the district's system/network for instructional and administrative purposes.
All users shall acknowledge that they understand that using digital devices, whether personal or school owned, as well as use of the school district network, is a privilege and when using them in accordance with School District guidelines they will retain that privilege.
The Superintendent, or his/her designee shall develop and implement administrative guidelines, regulations, procedures, and user agreements, consistent with law and policy, which shall include but not be limited to the following:
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Digital devices, software, and networks shall be used in school for educational purposes and activities.
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An individual's personal information (including home/mobile phone numbers, mailing addresses, and passwords) and that of others shall be kept private.
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Individuals will show respect for themselves and others when using technology including social media.
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Users shall give acknowledgement to others for their ideas and work.
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Users shall report inappropriate use of technology immediately.
These procedures shall be reviewed annually by district administration together with students and teachers and shall provide a springboard for teaching and learning around topics such as internet safety, digital citizenship, and ethical use of technology.
SOURCE: MASC
LEGAL REF: MGL Section 10, Chapter 66, Section 1 (Public Records law); Computer Fraud & Abuse Act cfaa 18 u.s.c. § 1030; Electronic Communications Privacy Act (ECPA)
CROSS REF: PRSD Student Handbooks; PRSD Policy IJNDBA SOCIAL NETWORKING POLICY, PRSD Policy IJNDB -R DIGITAL USE POLICY RULES & REGULATIONS FOR PRSD STAFF, STUDENTS AND GUEST NETWORK USERS; PRSD Grade Level Responsible Use of Technology Agreements
ADOPTED: May 19, 2020 (Formerly PRSD Acceptable Technology Use Policy)
NETWORK & INTERNET USE POLICY
The Pentucket Regional School District will provide access for employees and students to the district’s LANs and future WAN, including access to external networks (the Internet) for limited educational purposes. Educational purposes will be defined as classroom activities, career and professional development, and teacher supervised activities of an educational nature. Access to the district’s LAN and WAN 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 WAN and Internet will also be utilized to provide information to the community, including parents, governmental agencies, and businesses.
The Superintendent or designee shall implement, monitor, and evaluate the District’s network for instructional and administrative purposes. Access to the LANs, WAN, and the Internet will be made available to employees and students for instructional and administrative purposes and in accordance with administrative regulations and procedures. All users shall be required to acknowledge receipt and understanding of those regulations and procedures and shall agree annually, in writing, to comply with the 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 Pentucket Regional School District. Violation of the law may result in criminal prosecution as well as disciplinary action by the School District.
EQUAL OPPORTUNITY: NOTIFICATION OF ANTI-DISCRIMINATION
The Pentucket Regional School District, in accordance with Chapter 76, Section 5 of the Massachusetts General Law guarantees every person shall have a right to attend the public schools of the town where he/she actually resides. 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 course of study of such a public school on account of race, color, sex, religion, national origin, sexual orientation, or gender identity.
The Coordinator for Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and M.G.L. Ch. 76, S.5 (Chapter 622 of the Acts of 1971) is Director of Supplemental and Intensive Services, Ms. Marci Boccuzzi- (978)-363-2280
Inquiries regarding the application of the non-discrimination policy of the Pentucket Regional School District may be referred to Pentucket Regional School District’s Coordinator as stated above or Assistant Secretary for Civil Rights, U.S. Department of Education, Office for Civil Rights, Stephanie Monroe, 330 C Street, SW, Washington D.C. 20202, telephone 800-421-3481, or the Director of Program Quality Assurance, Massachusetts Department of Education, 75 Pleasant Street, Malden, MA 02148, telephone (781) 338-3700. A Notice of Non-Discrimination will be posted in each school building. Such Notice will contain the names and telephone numbers of persons within the Pentucket Regional School District who are responsible for receiving and investigating complaints of discrimination and shall be reviewed at least annually to ensure that the information is current.
STUDENT ASSIGNMENT TO SCHOOLS
Subject to the guidance from the Department of Elementary and Secondary Education, the superintendent may suspend or revise the assignment of students to schools, including the assignment of new students for such a period as the emergency declaration is in force.
During the Covid-19 pandemic emergency when class size and social distancing is of the utmost importance, the Superintendent can assign a new student (to the District) to another elementary school within the District to accommodate social distancing and cohort size. Transportation for said child/children will be the responsibility of the parent/guardian.
CROSS REF: JBCA SCHOOL ENROLLMENT RESIDENCY
Adopted: September 1, 2020
MEMORANDUM OF UNDERSTANDING
There is an interagency Memorandum of Understanding between the Pentucket School District, the Police Department of West Newbury, the Essex County District Attorney’s Office, the Department of Children and Families, the department of Youth Services and the Haverhill and Newburyport Juvenile Court Probation Services. This document recognizes the formal working relationships agreed upon by the participating agencies to provide a safe and violence free educational setting.
Cases involving possession of weapons, illegal possession or use of drugs, assault, false fire alarms, hazing, or other criminal acts will be reported to the West Newbury Police.
MASSACHUSETTS GENERAL LAWS CHAPTER 71, SECTION 37H AND 37 ½ H REGARDING STUDENT DISCIPLINE
Section 37H. The superintendent of every school district shall publish the district’s policies pertaining to the conduct of teachers and students. Said policies shall prohibit the use of any tobacco products within the school buildings, the school facilities or on the school grounds or on school buses by any individual, including school personnel. Copies of these policies shall be provided to any person upon request and without cost by the principal of every school within the district.
Each school district’s policies pertaining to the conduct of students shall include the following: disciplinary proceedings, including procedures ensuring due process; standards and procedures for suspension and expulsion of students; procedures pertaining to discipline of students with special needs; standards and procedures to assure school building security and safety of students and school personnel; and the disciplinary measures to be taken in cases involving the possession or use of illegal substances or weapons, the use of force, vandalism, or violation of other student’s civil rights. Codes of discipline, as well as procedures used to develop such codes shall be filed with the department of education for informational purposes only.
In each school building containing the grades nine to twelve, inclusive, the principal, in consultation with the school council, shall prepare and distribute to each student a student handbook setting forth the rules pertaining to the conduct of students. The school council shall review the student handbook each spring to consider changes in disciplinary policy to take effect in September of the following school year, but may consider policy changes at any time. The annual review shall cover all areas of student conduct, including but not limited to those outlined in this section.
Notwithstanding any general or special law to the contrary, all student handbooks shall contain the following provisions:
A. Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.
B. Any student who assaults a principal, assistant principal, teacher, teacher’s aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.
C. Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal. After said hearing, a principal may, in his discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b).
D. Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have ten days from the date of the expulsion in which to notify the superintendent of his appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section.
E. When a student is expelled under the provisions of this section, no school or school district within the commonwealth shall be required to admit such student or to provide educational services to said student. If said student does apply for admission to another school or school district, the superintendent of the school district to which the application is made may request and shall receive from the superintendent of the school expelling said student a written statement of the reasons for said expulsion.
Section 37H1/2. Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chapter seventy-six:
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Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal or headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.
The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the student’s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such a decision shall be the final decision of the city, town or regional school district with regard to the suspension.
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Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.
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The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such a decision shall be the final decision of the city, town or regional school district with regard to the expulsion. Upon expulsion of such a student, no school or school district shall be required to provide educational services to such student.
BUSING TRANSPORTATION INFORMATION/ BUS ROUTES
Route information will be published on our District website www.prsd.org each year.
BUS CHANGES
Children in grades K-6 will not be allowed to travel on a bus, other than their assigned one without written notification to the office of a permanent daycare arrangement by the parent. We are not able to accommodate students traveling to a friend’s home due to space constraints on the buses. Per the busing rules, students in kindergarten and first grade are required to have someone at the bus stop to meet them. Second graders can be dropped off alone, as long as the parent has given written permission to do so. Third graders and up can be dropped off without someone meeting them. If a parent wants an older student to have someone meet them at the bus stop, then they must submit written notice of such to the school and the driver.
BUS SAFETY
There are four critical times involved for the pupils in bus transportation:
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the bus stop,
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boarding the bus,
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riding the bus and,
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disembarking.
Parents are advised that it is best if pupils do not use the bus stop as a play area. Once on the bus, supervision is by the bus driver. As common courtesy and for the safety of all, children are expected to behave in an orderly manner. Misbehavior could divert the bus driver’s attention and cause an accident. For this reason, regulations pertaining to pupil conduct on buses are fairly strict.
BUS REGULATIONS
These regulations have been established to provide maximum safety and protection for all bus students. Respect for the bus driver will be expected from all students at all times. The driver’s instructions shall be followed. Failure to comply can result in disciplinary action. Typically, bus evacuation drills are held in October where students will rehearse with the driver the proper evacuation of the bus in the event of an emergency.
COURTESY
Bus drivers will spend time in September and then periodically throughout the year formally reviewing the bus regulations with the students. Drivers have been trained in
productive ways in which to interact with children. Show courtesy to the bus driver and other students at all times.
BE WAITING FOR THE BUS 10 MINUTES BEFORE DUE TIME
While waiting for the bus, students remain at the side of the road. They maintain orderly conduct while waiting for the bus. Students approach the bus only when the bus comes to a complete stop and the door opens. Never run for the bus.
THUMBS UP
Students should wait for the “thumbs up” signal from the bus driver before crossing the street to board the bus.
SEATING ON THE BUS
Students sit on the bus as directed by the bus driver. Students sit no more than three to a seat. Drivers may assign seats. The first two rows on the bus may be reserved for those students who struggle with behaviors. Otherwise, Kindergarten and first grade students sit toward the front of the bus.
MOVE IN
Students sit on the seat so that space is readily available for a second or third student to sit in the seat. Moving in makes it easier for others to quickly see that there’s room in the seat. This is also a time saver.
BACK-TO-BACK AND BOTTOM-TO-BOTTOM
Students are instructed that the safest way to sit in a bus seat is with their back to the back of the seat and their bottom to the bottom of the seat. No other way of sitting in a bus seat is acceptable.
BACKPACKS ON LAP
All student belongings are to be held on his/her lap, as this is the safest place, should the bus come to a sudden stop. The bus driver has the right to make the determination as to whether or not large or sharp objects pose a hazard to others. Other transportation arrangements may have to be made.
STAY SEATED
The procedure means that at all times when the bus is in motion, students remain seated. Students are to change seats only at the direction of the bus driver. Students are also instructed to stay seated until the bus comes to a full stop before leaving the bus. When arriving at school, students stay seated until the seat in front of them is empty.
FEET OUT OF AISLES
The procedure refers to having feet, packages, etc. kept out of the aisle so that the aisle is free for others to safely pass through while loading or unloading, or in an emergency situation.
DO NOT THROW ANYTHING
Students must understand that any object thrown on a bus can have a dangerous effect. Other students may be hurt and/or cause the bus driver to be distracted from watching the road.
NO EATING
We do not eat on a bus because:
You could choke on the food if the bus stopped quickly;
Food left on the bus could be sticky or slippery and ruin clothing or cause someone to fall; It makes the bus messy;
There are students who have allergies to whom food could be harmful if opened or left on the bus.
WINDOWS AND EMERGENCY EQUIPMENT
Keep arms, hands, head and objects inside the bus. Students open or close windows only with the bus driver’s permission. The emergency door and/or window is to be used as an exit only in an emergency and at the direction of the bus driver.
EXITING THE BUS
Students are instructed to stay seated until the bus comes to a full stop before leaving the bus. When arriving at school, students stay seated until the seat in front of them is empty. When arriving at their afternoon destination, students should walk ten feet in front of the bus and wait for the “thumbs up” before crossing the street.
WALK TO AND FROM THE BUS
For safety’s sake, students walk in single file, being careful not to push or shove anyone, when approaching or leaving a bus.
PARENTAL AND BUS DRIVER SAFETY CONCERNS
Parental concerns in regard to issues of bus safety can be expressed by putting concerns in writing to the principal. One form of communication the bus driver may use to communicate their safety concerns is through Bus Incident/Conduct Reports.
BUS CONDUCT REPORTS
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If, after a verbal warning from the bus driver about an inappropriate behavior, the behavior continues or recurs, a student receives a written bus conduct report. A copy is forwarded to the School Support Coordinator and the Bus Manager. The student’s copy is signed by his/her parent and returned to the school office.
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Upon receipt of a second written report, there will be an automatic suspension for a period of one day from the bus. The bus conduct report will be processed as outlined in #1.
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A third report means automatic suspension from the bus for a period of three days. The bus conduct report will be processed as outlined in #1.
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A fourth report means automatic suspension from the bus for a period of five days. The bus conduct report will be processed as outlined in #1. A meeting with parents and the bus company representative will be necessary before allowing the student to ride the bus again.
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Major offenses such as destroying property, using matches or a lighter, profane language or tampering with the emergency equipment will result in an automatic 3-day suspension for the student. Liability for any bus vandalism shall be assumed by the parent(s) or legal guardian of the student(s) involved.
Repeated misbehavior can result in denial of the privilege of transportation.
DUE TO ALLERGIES, FOOD IS NOT ALLOWED TO BE EATEN ON THE BUS. BALLOONS ARE NOT ALLOWED ON BUSES.