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Hearne ISD Required Training Learning Like Champions Professional Learning Mini-conference August 20, 2013
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Agenda Pre-test FERPA CIPA Reporting Child Abuse and Neglect Sexual Abuse of Children Bullying Sexual Harassment Bloodborne Pathogens Post-test and Questions
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Required Trainings Pre-test Let’s see what we already know about these issues related to professional responsibilities. Read and respond to each item. Keep your pre-test handy to take notes on as the training proceeds.
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FERPA Summary of the FERPA Regulations FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) is a federal law that protects the privacy of personally identifiable information contained in a student’s educational record. FERPA applies to all schools (K-12 and postsecondary institutions) that receive funds under various programs from the US Department of Education. FERPA defines “educational records” as records containing information in any medium—paper, electronic, microfilm, etc.-- that directly relate to a student and are maintained by an educational institution or by a party acting for the institution. http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
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Conditions for which Student Records Can Be Disclosed Without Consent Generally, schools must have written permission from the student (or parent, if the student is a minor) in order to release any information from a student’s education record. However, FERPA allows schools to disclose educational records without consent under special circumstances. The US Department of Education’s summary of the FERPA regulations lists the following conditions under which student records can be disclosed without consent: 1. School officials with legitimate educational interest 2. Other schools to which a student is transferring 3. Specified officials for audit or evaluation purposes 4. Appropriate parties in connection with financial aid to a student 5. Organizations conducting certain studies for or on behalf of the school 6. Accrediting organizations 7. To comply with a judicial order or lawfully issued subpoena 8. Appropriate officials in cases of health and safety emergencies 9. State and local authorities within a juvenile justice system, pursuant to specific state law. 10. Directory information. FERPA’s definition of “directory information” is information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. FERPA provides guidance on what may be considered directory information; however, each institution is free to designate less information as directory information.
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CIPA The Children’s Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns about children’s access to obscene or harmful content over the Internet. Schools and libraries subject to CIPA are required to adopt and implement an Internet safety policy addressing: (a) access by minors to inappropriate matter on the Internet; (b) the safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communications; (c) unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; (d) unauthorized disclosure, use, and dissemination of personal information regarding minors; and (e) measures designed to restrict minors’ access to material harmful to minors.
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Child Abuse/Neglect Any professional who has cause to believe that a child has been or may be abused or neglected shall make a report as required by law. The report must be made within 48 hours after the professional first suspects abuse or neglect. A professional may not delegate to or rely on another person to make the report. A “professional” is a person who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term includes teachers, nurses, doctors, day-care employees, and juvenile detention or correctional officers.
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Sexual Abuse The training shall address: 1. Factors indicating a child is at risk for sexual abuse or other maltreatment; 2. Likely warning signs indicating a child may be a victim of sexual abuse or other maltreatment; 3. Internal procedures for seeking assistance for a child who is at risk for sexual abuse or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional; 4. Techniques for reducing a child’s risk of sexual abuse or other maltreatment; and 5. Community organizations that have relevant existing research-based programs and that are able to provide training or other education for employees, students, and parents.
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Bullying Bullying occurs when a student or group of students engages in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school- related activity, or in a vehicle operated by the District and that: 1. Has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; or 2. Is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student. This conduct is considered bullying if it: 1. Exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and 2. Interferes with a student’s education or substantially disrupts the operation of a school.
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Sexual Harassment Sexual harassment of a student by a District employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when: 1. A District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or 2. The conduct is so severe, persistent, or pervasive that it: a. Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or b. Creates an intimidating, threatening, hostile, or abusive educational environment. Romantic or inappropriate social relationships between students and District employees are prohibited. Any sexual relationship between a student and a District employee is always prohibited, even if consensual.
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Blood borne Pathogens In 1990, the U.S. Occupational Safety and Health Administration (OSHA) estimated that occupational exposures to bloodborne pathogens caused more than 200 deaths and 9,000 bloodborne infections every year. To help protect workers from this serious workplace hazard, OSHA published the Occupational Exposure to Bloodborne Pathogens Standard on December 6, 1991. The purpose of this standard is to protect workers by limiting occupational exposure to blood and other potentially infectious materials. In 2000, the Needlestick Safety and Prevention Act (Public Law 106-430) mandated that OSHA clarify and revise the Bloodborne Pathogens Standard to address the implementation of safer needle devices. OSHA published the revised standard, which included such new requirements as the use of safer needle devices and maintaining a log of contaminated needlestick injuries, in the Federal Register in January 2001. The revised standard became effective in April 2001. The Bloodborne Pathogen standard is located in Title 29 of the Code of Federal Regulations (29 CFR), Part 1910.1030. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10051
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Questions Please submit any questions related to this training to the facilitators. A FAQ will be produced and distributed to all staff members.
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Post Test Let’s review our training and sign the form indicating you have received training.
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