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Civil Rights Training Dover Sherborn Public Schools 2012-2013.

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1 Civil Rights Training Dover Sherborn Public Schools 2012-2013

2 Why Provide Online Training? Annual training is mandated by Department of Elementary and Secondary Education (DESE). Annual training is mandated by Department of Elementary and Secondary Education (DESE). All employees are required to participate. All employees are required to participate. This training protects individuals and the school system, and ensures that all employees know their rights and responsibilities. This training protects individuals and the school system, and ensures that all employees know their rights and responsibilities.

3 NON-DISCRIMINATION: Statement of Non-Discrimination Federal Law Title II Federal Law Title VI Federal Law Title IX Federal Law Section 504 NON-DISCRIMINATION: Statement of Non-Discrimination Federal Law Title II Federal Law Title VI Federal Law Title IX Federal Law Section 504

4 Statement of Non-Discrimination The Dover Sherborn Public Schools are committed to ensuring that all programs and facilities are accessible to all. The Dover Sherborn Public Schools are committed to ensuring that all programs and facilities are accessible to all. We actively seek to prevent discrimination or harassment on the basis of age, color, disability, national origin, religion, race, sexual orientation, homelessness, and any other protected class. We actively seek to prevent discrimination or harassment on the basis of age, color, disability, national origin, religion, race, sexual orientation, homelessness, and any other protected class.

5 Statement of Non-Discrimination – cont’d. NONDISCRIMINATION STATEMENT AND PROCEDURES NONDISCRIMINATION STATEMENT AND PROCEDURES The Dover Sherborn Public Schools do not discriminate in admission to, access to, treatment in, or employment in its services, programs, activities, on the basis of race, color, or origin, in accordance with Title VI of the Civil Rights Act of 1964 (Title VI); on the basis of sex, in accordance with Title IX of the Education Amendments of 1972: on the basis of disability, in accordance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and Titles I and II of the Americans with Disabilities Act of 1990 (ADA); or on the basis of age, in accordance with the Age Discrimination Act of 1974 (Age Discrimination Act). Furthermore, in accordance with M.G.L. c.76 s.5 Dover, Sherborn, and Dover-Sherborn Schools do not exclude or discriminate against students in admission or in obtaining its advantages, privileges, or courses of study on the basis of race, color, sex, religion, national origin, sexual orientation or homelessness. Legal References Legal References Title I of the American Disabilities Act of 1990 – prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in the areas of employment Title II of the Americans with Disabilities Act of 1990 - prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in the areas of educational programming and activities Title VI of the Civil Rights Act of 1964 – prohibits discrimination, exclusion from participation, and denial of benefits based on race, color, and national origin Title IX of the Education Amendments of 1972 - prohibits discrimination, exclusion from participation, and denial of benefits in educational programs based on sex Section 504 of the Rehabilitation Act of 1973 prohibits discrimination, exclusion from participation, and denial of benefits based on disability M. G. L. chapter 76 section 5 – prohibits discrimination in all public schools on the basis of race, color, sex, national origin, religion and sexual orientation McKinney-Vento Homeless Assistance Act – prohibits discrimination in all public schools on the basis of homelessness.

6 Federal Law - Title II Americans with Disabilities Act (ADA) Federal Law - Title II Americans with Disabilities Act (ADA)

7 Federal Law: Title II American with Disabilities Act (ADA) Prohibits discrimination against: Prohibits discrimination against: access to programs and facilities access to programs and facilities free appropriate public education for elementary and secondary students free appropriate public education for elementary and secondary students employment employment Applies to special education services, evaluations, and IEPs, as well as student discipline. Applies to special education services, evaluations, and IEPs, as well as student discipline.

8 Federal Law - Title VI Discrimination based on race, ethnicity or country of origin

9 Federal Law: Title VI Protects against discrimination based on race, color, and national origin. Protects against discrimination based on race, color, and national origin. Applies to students, parents, and employees. Applies to students, parents, and employees. Prohibits discrimination in students’ class assignments or ability tracking and protects Limited English Proficient (LEP) students. Prohibits discrimination in students’ class assignments or ability tracking and protects Limited English Proficient (LEP) students. Building principals/headmasters handle inquiries regarding non-discrimination policies. Building principals/headmasters handle inquiries regarding non-discrimination policies.

10 Federal Law - Title IX Sexual Harassment and Discrimination

11 Federal Law: Title IX Prohibits discrimination or harassment related to gender, including sexual harassment. Prohibits discrimination or harassment related to gender, including sexual harassment. Refer to the system’s sexual harassment policy for specifics regarding steps taken to investigate (Policy ACAB) allegations of harassment. Refer to the system’s sexual harassment policy for specifics regarding steps taken to investigate (Policy ACAB) allegations of harassment. Refer all Title IX issues to your building principal/headmaster or to the Assistant Superintendent of Schools. Refer all Title IX issues to your building principal/headmaster or to the Assistant Superintendent of Schools.

12 Title IX: Understanding Sexual Harassment Sexual harassment creates a hostile environment due to inappropriate speech, materials, or actions. Sexual harassment creates a hostile environment due to inappropriate speech, materials, or actions. Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, or other conduct, physical or verbal, of a sexual nature, Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, or other conduct, physical or verbal, of a sexual nature, Sexual harassment interferes with school or work performance and creates an intimidating or offensive environment. Sexual harassment interferes with school or work performance and creates an intimidating or offensive environment.

13 Title IX: Understanding Sexual Harassment Examples of prohibited activities that might create a hostile work/learning environment might include: Examples of prohibited activities that might create a hostile work/learning environment might include: vulgar or explicit sexually related epithets, abusive language vulgar or explicit sexually related epithets, abusive language sexually explicit behavior or indecent exposure by students or employees sexually explicit behavior or indecent exposure by students or employees graffiti, posters, or calendars graffiti, posters, or calendars

14 Federal Law - Section 504 Discrimination against individuals with physical, mental or health related disabilities

15 Federal Law: Section 504 Requires that no qualified disabled person shall be discriminated against or be excluded from participation in an activity. Requires that no qualified disabled person shall be discriminated against or be excluded from participation in an activity. A disability is a mental or physical impairment that limits a person’s major life activity (self-care, walking, seeing, learning, breathing, speaking, working). A disability is a mental or physical impairment that limits a person’s major life activity (self-care, walking, seeing, learning, breathing, speaking, working). Reasonable accommodations/modifications must be made to provide access to programs and/or facilities. Reasonable accommodations/modifications must be made to provide access to programs and/or facilities.

16 Federal Law: Section 504 No discrimination against a person with a disability will be permitted in any of the programs of the Dover Sherborn Public Schools. No discrimination against a person with a disability will be permitted in any of the programs of the Dover Sherborn Public Schools. Questions about eligibility and enforcement should be directed to the building-based 504 Coordinator. Questions about eligibility and enforcement should be directed to the building-based 504 Coordinator.

17 BULLYING & HARASSMENT BULLYING & HARASSMENT

18 Bullying (M.G.L. c. 71, § 37O ) In response to the requirements of the bullying prevention and intervention law, M.G.L. c. 71, § 37O, all school districts, charter schools, non-public schools, approved private special education day or residential schools, and collaborative schools must have a DESE-approved Bullying Prevention and Intervention Plan (BPIP) in place. In response to the requirements of the bullying prevention and intervention law, M.G.L. c. 71, § 37O, all school districts, charter schools, non-public schools, approved private special education day or residential schools, and collaborative schools must have a DESE-approved Bullying Prevention and Intervention Plan (BPIP) in place. Part of the legislation requires all personnel working with school-age children to receive professional development-training on bullying. We meet this standard by way of this online training and by other supplemental training provided at the schools. Part of the legislation requires all personnel working with school-age children to receive professional development-training on bullying. We meet this standard by way of this online training and by other supplemental training provided at the schools. Please visit http://www.doversherborn.org/index.cfm/page/Publications- and-Downloads-/pid/10574 to review the Dover Sherborn Public Schools’ Bullying Prevention Intervention Plan. Please visit http://www.doversherborn.org/index.cfm/page/Publications- and-Downloads-/pid/10574 to review the Dover Sherborn Public Schools’ Bullying Prevention Intervention Plan.http://www.doversherborn.org/index.cfm/page/Publications- and-Downloads-/pid/10574http://www.doversherborn.org/index.cfm/page/Publications- and-Downloads-/pid/10574 Visit http://www.doe.mass.edu/ssce/bullying/ or consult with an administrator should you be the victim of bullying or suspect that a student is the victim of bullying. Visit http://www.doe.mass.edu/ssce/bullying/ or consult with an administrator should you be the victim of bullying or suspect that a student is the victim of bullying.http://www.doe.mass.edu/ssce/bullying/

19 ADDRESSING & REPORTING SUSPECTED HARASSMENT OR DISCRIMINATION

20 Tips for Addressing Harassment/Discrimination Enlist parents/guardians, students, and community groups in the effort Enlist parents/guardians, students, and community groups in the effort Monitor the school climate Monitor the school climate Foster respect and appreciation for diversity Foster respect and appreciation for diversity Be sensitive to religious holidays Be sensitive to religious holidays

21 More Tips for Addressing Harassment/Discrimination Implement measures to address harassment immediately and effectively Implement measures to address harassment immediately and effectively Collaborate with law enforcement Collaborate with law enforcement Review crisis intervention plans Review crisis intervention plans Document and report all harassment incidents Document and report all harassment incidents

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

23 Process for Filing a Complaint Inquiries concerning the application of Title VI, Title IX/Chapter 622 and Section 504 in the Dover Sherborn Public Schools may be referred to the building coordinator(s) or the respective headmaster/principal. All inquiries concerning the protection and rights afforded to persons in the other protected categories (color, religion, sexual orientation) may be referred to the above coordinator or to the Assistant Superintendent of Schools at 157 Farm Street, Dover MA 02030, 508-785-0036. Inquiries concerning the application of Title VI, Title IX/Chapter 622 and Section 504 in the Dover Sherborn Public Schools may be referred to the building coordinator(s) or the respective headmaster/principal. All inquiries concerning the protection and rights afforded to persons in the other protected categories (color, religion, sexual orientation) may be referred to the above coordinator or to the Assistant Superintendent of Schools at 157 Farm Street, Dover MA 02030, 508-785-0036. Inquiries concerning the applicability of the aforementioned federal laws and regulations to the Dover Sherborn Public Schools may also be referred to the U. S. Department of Education, Office of Civil Rights (OCR), J.W. McCormack POCH, Boston, MA 02109-4557, 617-223-9662, TTY 617-223-9695. Concerns relating to the implementation of the Massachusetts equal educational opportunity law (M. G. L. c. 76 s.5) may be directed to the Massachusetts Department of Education, Program Quality Assurance, 350 Main Street, Malden, MA 02148, 781-338-3700. Inquiries concerning the applicability of the aforementioned federal laws and regulations to the Dover Sherborn Public Schools may also be referred to the U. S. Department of Education, Office of Civil Rights (OCR), J.W. McCormack POCH, Boston, MA 02109-4557, 617-223-9662, TTY 617-223-9695. Concerns relating to the implementation of the Massachusetts equal educational opportunity law (M. G. L. c. 76 s.5) may be directed to the Massachusetts Department of Education, Program Quality Assurance, 350 Main Street, Malden, MA 02148, 781-338-3700. In lieu of filing a complaint with the Dover Sherborn Public Schools, a complaint may be filed directly with the OCR within 180 days of the alleged discrimination or harassment. In addition, a complaint may be filed with OCR within 60 days of receiving notice of final disposition of the complaint by the Dover Sherborn Public Schools, or in certain instances, within 60 days of receiving a final decision from the Bureau of Special Education Appeals (BSEA). Please note that a complaint filed with OCR is limited to issues of discrimination and harassment. OCR has no jurisdiction over compliance with state and federal special education laws. In lieu of filing a complaint with the Dover Sherborn Public Schools, a complaint may be filed directly with the OCR within 180 days of the alleged discrimination or harassment. In addition, a complaint may be filed with OCR within 60 days of receiving notice of final disposition of the complaint by the Dover Sherborn Public Schools, or in certain instances, within 60 days of receiving a final decision from the Bureau of Special Education Appeals (BSEA). Please note that a complaint filed with OCR is limited to issues of discrimination and harassment. OCR has no jurisdiction over compliance with state and federal special education laws.

24 Grievance Procedures Grievance Procedures for Discrimination Violations Grievance Procedures for Discrimination Violations Any student or employee who feels that he or she has been discriminated against because of race, color, national origin, sex, religion, disability, sexual orientation, age or homelessness with regard to admission to, access to, treatment in, or employment in its services, programs and activities should utilize the following procedure to register a grievance with the Dover Sherborn Public Schools: Students or employees should submit any allegation of discrimination in writing to their building headmaster/principal for consideration. The nature of the complaint should be specified in detail. Students or employees should submit any allegation of discrimination in writing to their building headmaster/principal for consideration. The nature of the complaint should be specified in detail. The headmaster/principal or his/her designee will investigate the allegations and respond to the complaint in writing within fifteen (15) school days of the receipt of the written complaint. The headmaster/principal or his/her designee will investigate the allegations and respond to the complaint in writing within fifteen (15) school days of the receipt of the written complaint. If the matter is not resolved, the complainant may appeal in writing to the Grievance Coordinator, Assistant Superintendent of Schools. The Coordinator will meet with the complainant and respond within fifteen (15) days of receipt of the written complaint. If the matter is not resolved, the complainant may appeal in writing to the Grievance Coordinator, Assistant Superintendent of Schools. The Coordinator will meet with the complainant and respond within fifteen (15) days of receipt of the written complaint. If at the end of ten (10) school days following the written response from the Grievance Coordinator the matter remains unresolved, the complainant has the right to appeal to the Superintendent of Schools in writing. If at the end of ten (10) school days following the written response from the Grievance Coordinator the matter remains unresolved, the complainant has the right to appeal to the Superintendent of Schools in writing. The Superintendent will investigate the complaint and respond in writing to the complainant within fifteen (15) school days after having received the complaint. The Superintendent will investigate the complaint and respond in writing to the complainant within fifteen (15) school days after having received the complaint. If the matter remains unresolved, the complainant may appeal in writing to the appropriate school committee within ten (10) school days of the receipt of the Superintendent’s response. The school committee will meet within fifteen (15) days to review and consider the matter. The committee will respond to the complainant in writing within fifteen (15) school days following the meeting. If the matter remains unresolved, the complainant may appeal in writing to the appropriate school committee within ten (10) school days of the receipt of the Superintendent’s response. The school committee will meet within fifteen (15) days to review and consider the matter. The committee will respond to the complainant in writing within fifteen (15) school days following the meeting. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process.

25 CARE & PROTECTION OF CHILDREN UNDER AGE 18: MANDATED REPORTING

26 Care and Protection of Children Under 18 (51A Report) School personnel are mandated reporters legally obligated to contact the Massachusetts Department of Children and Families (DCF). School personnel are mandated reporters legally obligated to contact the Massachusetts Department of Children and Families (DCF). If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect they must follow DCF 51A reporting requirements. If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect they must follow DCF 51A reporting requirements. Please consult with school principals/headmasters, school nurses, or the Assistant Superintendent for assistance if abuse or neglect is suspected. Please consult with school principals/headmasters, school nurses, or the Assistant Superintendent for assistance if abuse or neglect is suspected. The human resource link of the DS website contains the most current mandated reporter guidelines, as well as several resources for faculty and staff. The URL is The human resource link of the DS website contains the most current mandated reporter guidelines, as well as several resources for faculty and staff. The URL is http://www.doversherborn.org/index.cfm/page/Massachusetts- Dept.-of-Children-and-Families-DSS/pid/12900

27 CONFLICT OF INTEREST & ETHICS TRAINING

28 Conflict of Interest - Ethics All employees of the Dover Sherborn Public Schools, as required by law, completed initial online ethics Training in the spring of 2010. The online training, with accompanying electronic sign-off, took about 15 minutes to complete. Municipal employees who participated in the initial 2010 training were required to retrain by 2012 to meet the bi-annual training requirement. We conducted our 2-year re-training in the winter of 2011 to meet the bi-annual requirement. Municipal employees hired after December 29, 2009 should complete the online training within 30 days of the date on which they commence employment, and every 2 years thereafter. To access the online training, visit http://db.state.ma.us/ethics/quiz_methics/index.asp. http://db.state.ma.us/ethics/quiz_methics/index.asp Related resources pertaining to Conflict of Interest can be found on the Massachusetts State Ethics Commission website at http://www.mass.gov/ethics/. Question regarding ethics laws and the Conflict of Interest Law should be forwarded to the Human Resources Office located at 157 Farm Street, Dover, MA 02030. The office phone number is 508.785.0036.

29 OPEN MEETING LAW

30 Open Meeting Law ( MGL c.30A, s.18-25) Who is subject to the Law? The Law applies to all "governmental bodies" which are defined as "every board, commission, committee or subcommittee of any district, city, region or town, however elected, appointed or otherwise constituted, and the governing board of a local housing, redevelopment or similar authority." Mass. Gen. L. ch. 39, § 23A. A. The Law does not apply to individual public officers such as mayors or chiefs of police and their assistants. B. A governmental body cannot circumvent the Law by delegating public business to a subcommittee. That is, subcommittees are equally subject to the Law as are full committees. C. Subcommittees appointed by any governmental body are covered by the Law. As long as a body however constituted, is carrying out delegated functions or responsibilities of the parent body, the convening must be open to the public. Nigro v. Conservation Commission of Canton,, 17 Mass. App. Ct. 433 (1984).

31 Open Meeting Law Cont’d ( MGL c.30A, s.18-25) What is a "meeting" for purposes of the Law? A "meeting" is defined as "any corporal convening and deliberation of a governmental body for which a quorum is required in order to make a decision at which any public business or public policy matter over which the governmental body has supervision, control, jurisdiction or advisory power is discussed or considered." Mass. Gen. L. ch. 39, § 23A. l. "Deliberation" is defined as "a verbal exchange between a quorum of members of a governmental body attempting to arrive at a decision on any public business within its jurisdiction." Mass. Gen. L. ch. 39, § 23A. 2. A "quorum" is defined as "a simple majority of a governmental body unless otherwise defined by constitution, charter, rule or law applicable to such governing body." Mass. Gen. L. ch. 39, § 23A. 3. The Law does not apply to "chance" or "social" meetings of a governmental body or members of the body at which matters relating to official business are discussed, so long as no final decision on such business is reached. However, such meetings cannot be used to circumvent the letter and spirit of the Law. 4. Where members of a town board meet to discuss public business in private even where the members do not intend to vote on, or make a final decision on issues, this action constitutes a "meeting" under the Law. Thus, if there is a simple "exchange of views" by a simple majority of the members of a board on a public issue, then the board must comply with the requirements of the Law. Gerstein v. Superintendent Search Screening Committee, 405 Mass. 465 (1989); District Attorney for the Plymouth District v. Board of Selectmen of Middleborough, 395 Mass. 629 (1985). 5. Discussion by telephone among members of a governmental body on an issue of public business within the jurisdiction of the body is a violation of the Law. For more information about the Open Meeting Law, please visit http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter39/Section23b

32 CONFIDENTIALITY General Statement FERPA & PPRA

33 Confidentiality: General Statement Employees and volunteers must maintain appropriate confidentiality with respect to conversations and/or information relating to students, families, parents/guardians, faculty, administration, and staff. Employees and volunteers may have access to, or otherwise learn of, confidential information with respect to students, parents/guardians, and colleagues. Such information is required to be maintained in strict confidence. Employees and volunteers are not to discuss such information outside the confines of the school building except on an authorized need to know basis in order to perform assigned duties. All business, employee, volunteer, and student records, computerized data and related information are the property of the Dover Sherborn Public Schools. Employees are not to copy, distribute, alter or modify such records, materials, computerized data or information unless authorized to do so.

34 Confidentiality: PPRA & FERPA The Federal Protection of Public Rights Amendment (PPRA) affords parents/guardians and students who have reached the age of 18 (“eligible students”) certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 099) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents/guardians certain rights with respect to their children's education records. Additional information about the FERPA can be found at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.htmlhttp://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html Parents/guardians and eligible students who believe their rights under PPRA and/or FERPA may have been violated may file a complaint with: Family Policy Compliance Office U. S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605

35 COLLECTIVE BARGAINING AGREEMENT

36 Annual Provision of Collective Bargaining Agreement Between School Committees and the Teachers’ Union The Dover Sherborn Public Schools are required to make the current Collective Bargaining Agreement Between the School Committees and the Teachers Union available. Accordingly, and in compliance with this regulation, the current Collective Bargaining Agreement can be found on the publications and downloads section of the superintendent’s link on the DS website at http://www.doversherborn.org/index.cfm/page/Publications- and-Downloads-/pid/10575

37 OVERVIEW OF CRISIS INTERVENTION & PHYSICAL RESTRAINT

38 Crisis Prevention and Intervention The purpose of 603 CMR 46.00: (Physical Restraint Regulations) is to ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint. The purpose of 603 CMR 46.00: (Physical Restraint Regulations) is to ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint. Physical restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution. Physical restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution.

39 Safety-Care Behavioral Safety Training® Safety-Care Behavioral Safety Training is the program to be implemented within the Dover Sherborn Public Schools during the fall of 2012. Annual training- certification and recertification will be offered to interested personnel. Safety-Care Behavioral Safety Training is the program to be implemented within the Dover Sherborn Public Schools during the fall of 2012. Annual training- certification and recertification will be offered to interested personnel. Safety-Care is a safe, non-harmful behavior management system designed to help human service providers provide for the best possible care, welfare, safety and security of disruptive, physically aggressive, and out- of-control persons even during the most violent moment. Safety-Care is a safe, non-harmful behavior management system designed to help human service providers provide for the best possible care, welfare, safety and security of disruptive, physically aggressive, and out- of-control persons even during the most violent moment.

40 Crisis Development Model Staff attitudes and behavior affect student attitudes and behavior. Behavior Appropriate Reaction 1.Anxiety 1. Supportive 2.Defensive 2. Directive 3.Acting Out 3. Nonviolent Physical Crisis Intervention 4.Tension Reduction 4. Therapeutic Rapport Staying in control when you encounter an acting-out person and utilizing the appropriate staff response can help to prevent the escalation of the behavior. Staying in control when you encounter an acting-out person and utilizing the appropriate staff response can help to prevent the escalation of the behavior.

41 Anxiety: A noticeable increase or change in behavior. Supportive: Empathic, nonjudgmental approach, attempting to alleviate anxiety. Defensive: Beginning stages to loss of rationality; internal structures are beginning to break down. Directive: Staff takes control of a potentially escalating situation by setting limits. Definition of Terms

42 Acting Out: Total loss of physical and emotional control. Nonviolent physical crisis intervention: * Safe, non harmful restraint technique to safely control an acting out person until they can regain control. * Used as a last resort When the individual presents a danger of imminent, serious, physical harm to self or others. Definition of Terms – cont’d.

43 Tension Reduction: Subsiding of energy, decrease in both physical and emotional energy, and the individual eventually regains rationality. Therapeutic rapport: Attempt to reestablish communication with the individual; set up teaching and prevention. Definition of Terms – cont’d.

44 Nonverbal Behavior A large portion of the message that we communicate is nonverbal. A large portion of the message that we communicate is nonverbal. Awareness of nonverbal communication increases the chances of deescalating a potential acting-out person. Awareness of nonverbal communication increases the chances of deescalating a potential acting-out person. Proxemics (personal space) Proxemics (personal space) Affects the anxiety level of an individual when personal space is invaded. Affects the anxiety level of an individual when personal space is invaded. Kinesics (body language) Kinesics (body language) Hand gestures, facial expressions, posture and body movement. Hand gestures, facial expressions, posture and body movement.

45 Team Approach Assess the situation Assess the situation Develop a plan Develop a plan Leader should direct/cue team Leader should direct/cue team Communicate with acting-out person Communicate with acting-out person Documentation and debrief Documentation and debrief

46 Types of Restraints Physical restraint: The use of bodily force to limit a student's freedom of movement. Physical restraint: The use of bodily force to limit a student's freedom of movement. Physical escort: Touching or holding a student without the use of force for the purpose of directing the student. Physical escort: Touching or holding a student without the use of force for the purpose of directing the student. Extended restraint: A physical restraint the duration of which is more than twenty (20) minutes. Extended restraints increase the risk of injury and, therefore, require additional written documentation. Extended restraint: A physical restraint the duration of which is more than twenty (20) minutes. Extended restraints increase the risk of injury and, therefore, require additional written documentation.

47 Mechanical Restraint: The use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. Mechanical Restraint: The use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. Seclusion Restraint: Physically confining a student alone in a room or limited space without access to school staff. Seclusion Restraint: Physically confining a student alone in a room or limited space without access to school staff. Non-Seclusion Restraint: Staff member remains accessible to the student. Non-Seclusion Restraint: Staff member remains accessible to the student. Chemical Restraint: The administration of medication for the purpose of restraint. Chemical Restraint: The administration of medication for the purpose of restraint. Types of Restraints – cont’d.

48 Note: The use of chemical or mechanical restraint is prohibited unless explicitly authorized by a physician and approved in writing by the parent/guardian. Note: The use of chemical or mechanical restraint is prohibited unless explicitly authorized by a physician and approved in writing by the parent/guardian. Note: The use of seclusion restraint is prohibited in public education programs. Note: The use of seclusion restraint is prohibited in public education programs. Types of Restraints – cont’d.

49 Goals for Utilizing Physical Restraint 1. To administer a physical restraint only when needed to protect a student and/or a member of the school community from imminent, serious, physical harm. 2. To prevent or minimize any harm to the student as a result of the use of physical restraint. Applies to all school events and activities sponsored by public education programs

50 When Physical Restraint May Be Used n When non-physical interventions would not be effective n The student's behavior poses a threat of imminent, serious, physical harm to self and/or others n When the restraint is pursuant to a student’s IEP or written plan developed in accordance with state and federal law and approved by the school and parent(s)/guardian(s) n When the restraint is limited to the use of such reasonable force as is necessary to protect a student or another member of the school community from assault or imminent, serious, physical harm

51 When Physical Restraint May Not Be Used Physical restraint is prohibited in the following circumstances: As a means of punishment As a means of punishment As a response to property destruction As a response to property destruction Disruption of school order or a school assembly Disruption of school order or a school assembly Student's refusal to comply with a school rule or staff directive Student's refusal to comply with a school rule or staff directive Verbal threats that do not constitute a threat of imminent, serious, physical harm Verbal threats that do not constitute a threat of imminent, serious, physical harm

52 Proper Administration of Physical Restraint Trained personnel should administer physical restraint. Trained personnel should administer physical restraint. Training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee, or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm. Training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee, or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm. The physical restraint shall be witnessed by another adult who does not participate in the restraint, whenever possible. The physical restraint shall be witnessed by another adult who does not participate in the restraint, whenever possible.

53 Administration of Restraint – cont’d. Use only the amount of force necessary to protect the student or others from physical injury Use only the amount of force necessary to protect the student or others from physical injury Use the safest method available and appropriate to the situation Use the safest method available and appropriate to the situation Discontinue a restraint as soon as possible. Over twenty (20) minutes is considered an "extended restraint” Discontinue a restraint as soon as possible. Over twenty (20) minutes is considered an "extended restraint” Floor or prone restraints shall be prohibited unless the staff member administering the restraint has received in-depth training Floor or prone restraints shall be prohibited unless the staff member administering the restraint has received in-depth training

54 Safety Requirements n Restraint should not prevent the student from breathing or speaking. n Continuously monitor the physical status of the student such as skin color and respiration. n Release hold immediately if there are any signs of physiological distress. n Release hold when the student is no longer at risk of causing imminent physical harm to him or herself or others.

55 Special Circumstances Be aware of any medical or psychological limitations, as well as behavior intervention plans for individual students, including students with disabilities. Be aware of any medical or psychological limitations, as well as behavior intervention plans for individual students, including students with disabilities. For students who require frequent restraint due to a high risk of frequent, dangerous behaviors, school staff may seek and obtain the parent/guardian’s consent to waive reporting requirements unless the restraint results in injury or constitutes an extended restraint. For students who require frequent restraint due to a high risk of frequent, dangerous behaviors, school staff may seek and obtain the parent/guardian’s consent to waive reporting requirements unless the restraint results in injury or constitutes an extended restraint.

56 Follow-up Procedures Review the incident with the student in order to address the behavior that precipitated the restraint and to teach appropriate replacement techniques. Review the incident with the student in order to address the behavior that precipitated the restraint and to teach appropriate replacement techniques. Review the incident with the staff to discuss restraint procedures and any changes necessary for future crisis intervention. Review the incident with the staff to discuss restraint procedures and any changes necessary for future crisis intervention. Discuss if any follow-up is appropriate for students who witnessed the incident. Discuss if any follow-up is appropriate for students who witnessed the incident.

57 Reporting Requirements Physical restraint that results in any injury to a student or staff member. Physical restraint that results in any injury to a student or staff member. Physical restraint of a duration longer than five minutes. Physical restraint of a duration longer than five minutes. Utilize the Restraint Report Form available from your principal/headmaster or the central office. The form is also available on the publications/downloads section of the human resources link on the DS website at http://www.doversherborn.org/index.cfm/page/Publicatio ns-and-Downloads-/pid/10574 Utilize the Restraint Report Form available from your principal/headmaster or the central office. The form is also available on the publications/downloads section of the human resources link on the DS website at http://www.doversherborn.org/index.cfm/page/Publicatio ns-and-Downloads-/pid/10574

58 Informing School Administration Verbally inform the designated administrator of the restraint as soon as possible, and provide a written report by the next school working day. Verbally inform the designated administrator of the restraint as soon as possible, and provide a written report by the next school working day. The administrator must maintain an ongoing record of all reported instances of physical restraint. The administrator must maintain an ongoing record of all reported instances of physical restraint.

59 Informing Parents/Guardians Verbally inform the student's parents/guardians of the restraint as soon as possible. Verbally inform the student's parents/guardians of the restraint as soon as possible. Provide a written report postmarked no later than three school working days following the use of restraint. Provide a written report postmarked no later than three school working days following the use of restraint.

60 Informing the Department of Elementary and Secondary Education A report should be filed when a restraint has resulted in a serious injury to a student or staff member or the restraint lasted longer than twenty (20) minutes (extended restraint). A report should be filed when a restraint has resulted in a serious injury to a student or staff member or the restraint lasted longer than twenty (20) minutes (extended restraint). Provide a copy of the written report to the Department of Elementary and Secondary Education within five (5) school working days of the administration of the restraint. Provide a copy of the written report to the Department of Elementary and Secondary Education within five (5) school working days of the administration of the restraint. A copy of the record of physical restraints maintained by the administrator for the thirty day (30) period prior to the reported restraint. A copy of the record of physical restraints maintained by the administrator for the thirty day (30) period prior to the reported restraint.

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