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PRESENTED BY: RISK MANAGEMENT OFFICE, LOS ANGELES COUNTY OFFICE OF EDUCATION. HOT TOPICS IN STUDENT SUPERVISION.
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PRESENTED BY: RISK MANAGEMENT OFFICE, LOS ANGELES COUNTY OFFICE OF EDUCATION HOT TOPICS IN STUDENT SUPERVISION
Information contained on or made available through this presentation does not constitute legal advice, mediation, or counseling under any circumstance. Use thereof does not create a consultant-client relationship. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the presentation. The law is constantly changing and the information may not be complete or accurate depending on your particular issue. Each issue depends on its individual facts and different jurisdictions have different laws and regulations. LACOE may make changes to the features, functionality or content of the presentation at any time, and we reserve the right in our sole discretion to edit or delete any documents, information or other content appearing in the presentation. LEGAL DISCLAIMER:
Active & Effective Supervision Mandated Reporting Risk Assessments Medical Emergencies Release of Students School Sponsored Activities Topics
Monitoring procedure that uses 3 components: 1. Moving 2. Scanning 3. Interacting Frequently (DePry & Sugai, 2002) active supervision- DEFINED
Constant: • Make presence known and obvious • Proximity to all students • More frequent proximity to noncompliant students • Randomized • Target Problem Areas 1. Moving Effectively
All students observed on a regular basis • Make eye contact with students in more distant locations of the room • Look and listen for signs of a problem 2. Scanning Effectively
Friendly, helpful, open demeanor • Positive reinforcement • Non-argumentative, non-critical • Specific to behavior • Systematic = correct, model, practice, reinforce • Deliver consequence • Fair, non-arbitrary 3. Interacting Frequently
What minor and major behavior is your Teacher and Administrator willing to take responsibility? Behavior expectations should be collaboratively developed, not created arbitrarily. Expectations should be posted, regardless if the population is able to read. Consequences are explicit, standard, and fair. ESTABLISHING BEHAVIOR EXPECTACTIONS
Source: http://teacherweb.com/CT/MauroSheridanInterdistrictMagnet/PBIS/ClassroomMatrixexamples.pdf Classroom MATRIX EXAMPLE
Why reward behavior that is already expected of your student?
Source: https://1pointperspective.wordpress.com/tag/dr-phil/ “How’s that working for you? - Dr. Phil
ACTIVE/EFFECTIVE SUPERVISION? source: http://www.cleveland.com/nation/index.ssf/2008/09/moms_high_cell_phone_use_can_h.html
Source: http://www.nbclosangeles.com/news/local/La-Puente-High-School-Student-Injured-in-Stabbing-Bassett-167111355.html
IN THE NEWS……. Source: http://articles.latimes.com/2013/may/22/local/la-me-ln-lausd-must-pay-14-million-to-4th-grader-sexually-abused-by-classmate-20130522
The news article states the jury found LAUSD’s attorney’s argument offensive that the because the victim was special needs, she was not able to express herself. On the eve of trial(according to the article), LAUSD lawyers admitted that the school's supervision was substandard IN THE NEWS……. (Cont’d)
There is a relationship between the number of supervisor-to-student interactions and the instances of problem behavior Active Supervision… • Has a positive impact on student behavior in a variety of settings-including classroom • May reduce incidents of minor problem behavior • May lead to increases in student engagement (Simonsen, Fairbanks, Briesch, Myers & Sugai,2008) Impact of Active and Effective Supervision
HOW EFFECTIVE IS YOUR TRAINING TO STAFF? WHEN TO INVESTIGATE? DOES REASONABLE SUSPICION REQUIRE ABSOLUTE CERTAINTY? WHAT DOES CONFIDENTIAL MEAN? Mandated reporting
Does student-to-student sexual assault count as a CANRA reportable incident? Is there language in your student handbook and/or safe schools plan addressing a “hands off” policy or sexual harassment/assault? How often is training provided to students about your agency’s sexual harassment and or sexual assault policy? These items should be a part of your Safe Schools Plan for K-12 sites… Student-TO-student misconduct
Does every employee identified in your mandated reporter policy get trained annually/periodically? How about Noon/Duty Aides, Substitutes, Temporary Staff? What follow-up training is provided to staff in instances where there is late reporting? Self-evaluation questions
Noon Aide: Good Evening Principal. Sorry for calling you so late, but there is something I think you should know. The other day, I noticed a co-worker assaulting a student in class. I have not told anyone about this. The whole issue has been bothering me and I thought I should tell you before you find out about it later, but you did not hear this from me. Exercise: Example of phone call
Knowledge of abuse: • Physical • Emotional • Sexual • Neglect or maltreatment • Reasonable Suspicion: • Does not require certainty • Does not require specific medical attention • Does not require investigation Standard of Reporting:
REDLANDS DISTRICT DIDN’T REPORT SUSPECTED SEXUAL ABUSE OF STUDENT TO POLICE, RECORDS STATE Source: http://www.sgvtribune.com/news/ci_23608759/teachers-sexual-relationship-student-not-reported-police-documents-state
Child reported abuse occurring at home (by a family member) to the math teacher during an after school detention session Teacher sent the child home after being put on notice of the abuse, alleging that a school counselor was not available at the time. After being charged on a misdemeanor violation, an Orange County Jury found the teacher guilty in January 2013 of failing to report. MATH TEACHER SENTENCED FOR FAILING TO REPORT POSSIBLE SEXUAL ABUSE OF 11-YEAR-OLD STUDENT Source: http://orangecountyda.com/home/index.asp?page=8&recordid=3374&returnurl=index%2Easp%3Fpage%3D8
An 8 year old female student told a former O.B. Whaley Elementary School Principal that her teacher blindfolded her and performed inappropriate acts upon the minor. The (former) Principal then interviewed the Teacher and was told that he called the girl into the classroom to prepare a lesson on Helen Keller, which he had been using for years. No report was ever made to Law Enforcement or Child Protective Services by the (former) Principal. The Principal was convicted of failing to report child abuse and sentenced to two years of probation and ordered to complete 100 hours of community service. The Teacher (Craig Chandler) was later sentenced to 75 years to Life in prison for acts he committed on 5 children. Principal convicted of failing to report suspected child abuse by teacher Source: http://www.mercurynews.com/ci_21934461/san-jose-principal-convicted-failing-report-child-abuse
Cuff v. Grossmont Union High School Dist., et al. (11/18/13, No. D062278): Two brothers reported to their School Counselor that they were being verbally and physically abused by their mother(Cuff). Upon receipt of this information, the School Counselor completed a SCAR and faxed it to Child Welfare Services. According to the School Counselor, “someone“ suggested that she give the Father a copy of the SCAR. The Father of the students was going through a divorce with the boys’ mother. Instead of taking the boys to the Sherriff’s Department, the father filed for a protective order against Cuff and sought custody of both boys. Cuff sued the School Counselor and the District, alleging invasion of privacy based on a violation of CANRA. The California Court of Appeal concluded that immunity to mandated reporters for making a report of known or suspected child abuse does not extend to circumstances in which the reporter’s conduct violates CANRA’s confidentiality provisions. WHAT ABOUT CONFIDENTIALITY? Source: http://www.f3law.com/newsflash.php?nf=409
RESPOND IMMEDIATELY TO REPORTS OF SUSPECTED ABUSE OR NEGLECT. YOUR PRIMARY DUTY IS TO REPORT, NOT INVESTIGATE. PROVIDE SUPPORT TO SUBORDINATES WHO FEEL UNCOMFORTABLE REPORTING ALONE. MAINTAIN CONFIDENTIALITY. IF SCHOOL RELATED, DON’T WAIT FOR DCFS OR LAW ENFORCEMENT TO INFORM PARENTS LESSONS LEARNED
WHAT COULD GO WRONG? Risk assessment starts with 4 words:
LACOE has a centralized communication of urgent/serious incidents, regardless of claim activity. Risk Management program review correlated events with specific risks to identify areas to focus loss control services. Near-miss incidents
DOES YOUR SAFE SCHOOLS PLAN INCLUDE PERIODIC ASSESSMENTS OF THE SCHOOL SITES FOR SAFETY? IS THERE A REGIMENTED STUDENT SUPERVISION SCHEDULE ? WHAT ABOUT STUDENTS WITH CERTAIN BEHAVIORS OR PROPENSITIES? risk ASSESSMENTS
When reviewing IEP’s, how far back do you look at the student’s history? Do you have a system of querying certain behaviors: assaultive propensities, sexual curiosity, emotionally disturbed/multiple personality disorders, “runners,” etc. What training is provided to staff for newly transitioned students specific to the student’s educational needs? Behavior is predictable, plan, prepare, and anticipate. What about special Education?
Is there at least 1 staff member per site trained to administer First Aid & CPR (EOC Plan)? When is it appropriate to call 911? What if parents tell you not to call 911 because their student is uninsured? What if I receive a DNR Order? Head injuries? MEDICAL EMERGENCIES
Does student's condition appear life-threatening? Could student's condition worsen and become life-threatening on the way to the hospital? Could moving student cause further injury? Does student need the skills or equipment employed by paramedics or emergency medical technicians? Items to consider
Loss of Consciousness Chest or upper abdominal pain or pressure lasting two minutes or more Unusual Abdominal Pain Severe Back Pain Difficulty Breathing/Shortness of Breath Deep Cuts Broken Bones Profuse/Uncontrolled Bleeding Convulsions Poisoning Symptoms of Heat Stress 911 Best practices • Any sudden or severe pain • Severe or persistent vomiting or diarrhea • Coughing or vomiting blood • Fainting, sudden dizziness, weakness • Changes in vision • Confusion or changes in mental status, unusual behavior, difficulty walking • Student is unable to Sit up, Stand or Walk • Difficulty speaking • Suicidal/Homicidal feelings
Quick Facts: Student sustained injury after slamming her head on concrete as a result of other students bumping into her during an unsupervised game of tag. Student later complained of headaches and was sent to the school health technician, whom laid the student down with an ice pack for 2 hours, then student became unconscious, unresponsive, and had a seizure (EMS was then summoned). Student now suffers from seizures and cognitive defects that affect her short-term memory and attention span. Source: https://turlockcitynews.com/life-social/item/1990-turlock-school-district-pays-6-million-to-settle-student-injury-lawsuit
Is there a school administrator or staff present to receive and release students during school hours? What release procedures are in place for after-school programs? Are office staff trained on student release procedures? Release of students