Civil Rights, Restraint Training and Other Important Information

1. Civil Rights, Restraint Training and Other Important Information Auburn Public Schools 2018-2019

2. Important Information…Please read carefully Please carefully read through this PowerPoint presentation which includes important information. On or before August 27, 2018, each APS Team member will be sent an e-mail message that contains a link to a survey; you will need to read and answer each question indicating you read and understood each section of this PowerPoint. The deadline to have read this document and completed that survey is Friday, September 14, 2018. Thank you, in advance, for your compliance with these important legal requirements.

3. Why provide on-line training? Annual training is mandated by the Department of Elementary and Secondary Education (DESE) All employees are required to participate This training protects individuals and the District and ensures that all employees know their rights and responsibilities If you have questions about any information contained herein, please contact your building administrator

4. What is non-discrimination? The Auburn Public School District is committed to ensuring that all programs and facilities are accessible to all We actively seek to prevent discrimination or harassment on the basis of age, color, disability, national origin, religion, race, homelessness, gender identity, sexual orientation or marital status Students should have equal rights of access and equal enjoyment of the opportunities, advantages, privileges and courses of study at all schools

5. Classroom CurriculumReview Every teacher is responsible to ensure that any instructional materials brought into his/her classroom (i.e articles, videos, books, etc.) are first reviewed by that educator for simplistic and demeaning generalizations, lacking in intellectual merit, on the basis of race, color, sex, gender identity, religion, national origin and sexual orientation. In the event that a bias does in fact exist, that teacher should consider if there is alternative materials to use and if not then use additional materials to balance out the bias or present the opposing view.

6. District Curriculum Materials All curriculum materials proposed for adoption by the District must go through a thorough evaluation process by teams of educators and parents. One criteria of the rubric used by this team is to ensure that materials selected reflect the pluralistic, multiethnic nature of our society, past and present, supports gender equity, is free from bias, and does not contain demeaning generalizations based on race, color, sex, gender identity, sexual orientation, religion, national origin, disabilities or homelessness.

7. Testing All testing materials chosen by the District must be reviewed for bias. If any bias is found to exist then test administrators must counteract that bias when administering and interpreting. School Psychologists will continue to assist with this and provide training as needed.

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

9. Federal Law: Title VI Protects against discrimination based on race, color and national origin Applies to students, parents and employees Prohibits discrimination in students’ class assignments or ability tracking and protects English Language Learner (ELL) students The District’s Civil Rights Coordinator, Dr. Kathleen Lauzé, handles inquiries regarding non-discrimination policies, but you should also feel free to speak directly with your building administrator if you have any questions or concerns

10. Federal Law: Title IX Prohibits discrimination or harassment related to gender, including sexual harassment Sexual harassment creates a hostile environment due to inappropriate speech, materials or actions

11. Understanding Sexual Harassment 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 will not be tolerated in the Auburn Public Schools

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

13. It is EVERYONE’S Responsibility • To be familiar with basic facts about harassment and hate crimes • To recognize and identify bias indicators • To report all harassment to appropriate authorities • Not to tolerate harassment and bullying • To challenge biased or disrespectful attitudes of and behavior by students and staff • To be alert to signs of student harassment and bullying • To support victims and hold offenders accountable • To call the offender’s attention to the fundamental issue of respect, if a student mocks another’s appearance, mannerisms or mobility • To encourage student involvement

14. 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 Active investigations will result from the report, as applicable, and may result in sanctions up to termination or expulsion If the conduct violates the law, the appropriate authorities will be notified

15. Federal Law: Section 504 Requires that no qualified disabled person shall be discriminated against or be excluded from participation in an activity A disability is a mental or physical impairment that substantially limits a person’s major life activity (self-care, walking, hearing, seeing, learning, breathing, speaking, working) Reasonable accommodations 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 schools or programs of the Auburn Public Schools Questions about eligibility should be directed to the principal and/or building-based 504 coordinator

17. Section 504 Coordinators • The guidance counselors at each school serve as 504 Coordinators. If you have questions about a 504, you are encouraged to speak to the guidance counselors attached to your building: • AHS: Tess Jarvis, Amy Sampson, Steve Brutus, Kendra Beveridge and Diana McLaughlin • AMS: Sherri Watson and Kim Norris • PAK: Kristie Deyoe • Swanson: Jamie Nikopoulos and Megan Berg • BM: April Bouzan

18. Tips for Addressing Harassment/Discrimination Monitor the school climate Foster respect and appreciation for diversity Be sensitive to religious holidays Enlist parents, students, and community groups in the effort Implement measures to address harassment immediately and effectively

19. More Tips for Addressing Harassment/Discrimination Collaborate with law enforcement Review crisis intervention plans Document and report all harassment incidents The Auburn Public Schools will not tolerate harassment/discrimination of any kind. Please immediately report any suspected incidences to your building administrator

20. Massachusetts Transgender Equal Rights Law • In November of 2011, Massachusetts became the 16th state to add non-discrimination laws for gender identity in the areas of employment, housing, K-12 public education, and credit. • Additionally, Massachusetts Hate Crime laws were also updated to include gender identity. • This law is known as An Act Relative to Gender Identity.

21. Massachusetts Transgender Equal Rights Law • “Gender identity” shall mean a person’s gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. • Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care of treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, as part of a person’s core identity; provided, however, gender-related identity shall not be asserted for any improper purpose.

22. Civil Rights Coordinator If you believe your rights have been violated in any way – or if you believe the rights of a student have been violated in any way – please contact the APS Civil Rights Coordinator: Dr. Kathleen Lauzé Assistant Superintendent 5 West Street Auburn, MA 01501 508-832-7755 klauze@auburn.k12.ma.us

23. Mandated Reporting of Suspected Child Abuse/Neglect On July 8, 2008, Governor Patrick signed a new law called, " An Act Protecting Children in the Commonwealth (H4905)”; it has significant changes to child abuse and prevention laws in Massachusetts. Additional information regarding child abuse and the Department of Children and Families, visit www.mass.gov/dcf

24. Mandated Reporters:Who are they? All educators, medical practitioners, counselors, day care workers, police and professionals in a care-giving role with children are mandated reporters Mandatory Reporting under Massachusetts Law Ch. 119, Section 51A

25. What needs to be reported? All suspicions of child abuse or neglect of children under the age of 18 years, including suspicions of sexual or physical abuse, including teen-dating violence, must be reported. Failure on the part of a mandated reporter to report a suspected case of abuse or neglect may result in a fine of up to $5,000 or 2 ½ years in jail or both and, upon guilty finding, report to a professional licensing authority.

26. What should I do if I suspect the abuse or neglect of a student? Foremost, remember that one only needs to have the suspicion that a student has been abused or neglected to file a report. It is the responsibility of others to investigate the suspicion. In the Auburn Public Schools, the reporting procedure is as defined on the following slide:

27. Share your concerns with your building principal and/or guidance counselor The building principal and school counselor will discuss the suspected abuse with the reporting individual and determine who will file with DCF The report of abuse is filed, via phone, to the area Department of Children and Families (DCF) office and follows up within 48 hours with a written 51A report Auburn reports to the Worcester East Area Office at 508-793-8000; fax # 1-508-754-9803 A building-based team, under the direction of the building principal, will decide what action(s) will be taken by the school during the investigation process DCF will decide to “screen in” or “screen out” a case What should I do if I suspect the abuse or neglect of a student in the Auburn Public Schools?

28. Will the name of the reporter be kept confidential? DCF will not share the name of the reporter to the alleged perpetrator, but must, if requested, provide a copy of the report with the name of the reporter redacted. The principal may sign the 51A report to protect the identity of the reporting staff member.

29. Do reporting educators have protection from legal recourse of alleged perpetrators? Yes, civil and/or criminal action cannot be taken against a mandated reporter, provided one has acted in good faith.

30. What happens to the 51A after it is received by DCF? All 51A reports are maintained for a period of one year after which all unsupported reports are destroyed. Reports which are supported are kept for a period of 75 years. DCF may coordinate investigative services with the District Attorney’s Office and/or local or state police.

31. Important things to remember when talking with students: Confidentiality should never be guaranteed. Students need to know that, in their best interest, all educators are mandated to report any information, which may indicate a student has been abused or neglected. Students’ trustful relationships with staff members are desirable, however, educators must remain mindful of the responsibilities under the law.

32. Mandated Reporter for Adults with Disabilities The mission of the Disabled Persons Protection Commission (DPPC) is: to protect adults (ages 18-59) with disabilities from the abusive acts or omissions of their caregivers through investigation oversight, public awareness and prevention.

33. Mandated Reporter for Adults with Disabilities • The DPPC was created through legislation (M.G.L. c.19C) in 1987 as an independent state agency responsible for the investigation and remediation of instances of abuse committed against persons with disabilities in the Commonwealth. Pursuant to its enabling statute M.G.L. c. 19C, the jurisdiction of DPPC includes adults with disabilities between the ages of 18 and 59, who are within the Commonwealth whether in state care or in a private setting and who suffer serious physical and/or emotional injury through the act and/or omission of their caregivers. The DPPC enabling statute fills the gap between the Department of Children and Families (DCF) (through the age of 17) and the Executive Office of Elder Affairs (EOEA) (age 60 and over) statutes

34. Mandated Reporter for Adults with Disabilities How to File a Report of Abuse or Neglect • DPPC Hotline: 800-426-9009 or 888-822-0350 TTY Filing a Report of Abuse • Instances of suspected abuse or neglect must be reported immediately to the DPPC's 24-hour Hotline at 1-800-426-9009 or 1-888-822-0350 TTY. A written report of abuse or neglect must follow within 48 hours of the verbal report to the hotline

35. Special Education Laws and Principles

36. What is special education? Special education provides specially designed curriculum and/or related services that meet the unique needs of an eligible student with a disability, or that provide for a specific service need that is necessary to allow the student with a disability to access the general curriculum. The purpose of special education is to allow the student to develop successfully to his/her individual educational potential. Along with providing services to the student, services may be provided to parents and staff as deemed appropriate.

37. Are special education regulations federal and state requirements? The Massachusetts special education laws (Chapter 71B) and regulations are based on the federal special education law, the Individuals with Disabilities Education Act –04 (IDEA-’04). These laws and regulations protect the rights of eligible students and ensure they receive a free and appropriate public school education.

38. IDEA: the Individuals with Disabilities Act • The following are the types of disabilities that qualify a child for special education services: • Autism • Developmental Delay • Physical • Sensory Impairment (hearing, vision, deaf-blind) • Neurological • Emotional • Communication • Intellectual • Specific Learning • Health

39. IDEA: the Individuals with Disabilities Act • “Child Find” is ongoing throughout the school year. • Once a child is identified as possibly needing special education and related services, a referral is made to begin the special education process. • Parental consent is required for all evaluations. • The team, which consists of parents, special educators, regular educators, the special Education Team Chair, related service providers, an individual who can interpret the instructional implications of the evaluation results, and the student (when appropriate), meets to decide eligibility, IEP services, and placement • For further information relative to special education procedures, contact your building’s special education Team Chairperson.

40. EVALUATION TIMELINES Referral - Parent or professional identifies a child as possibly needing special education or related services Consent – Within 5 school days of the receipt of a referral (verbal or written), the school district (through the Team Chairperson) notifies the parent and requests consent to evaluate Evaluation – Within 30 school days of written parental consent, evaluations are completed Eligibility Meeting – Within 45 school days of written parental consent, a Team meeting is held to determine eligibility and develop an IEP if the student is found eligible.

41. Free and Appropriate Public Education Free = At no cost to parents. Appropriate = Services sufficient to enable the student to appropriately progress and advance toward achieving IEP goals. Public = Provided by the public school district or under the direction of the public school district. Education = Preschool, elementary and secondary education, including extra-curricular academic school activities. The law ensures that students with disabilities have the right to go to school and to experience all the benefits that school has to offer to students without disabilities. In other words, school is for everyone. FAPE in special education ensures that when an eligible student receives special education, his/her education program must be developed in such a way that it is reasonable to expect the student to receive measurable educational benefit. It would not be acceptable, for instance, for a school district to propose a program for a student that results in little or not progress from year to year.

42. General Education Supports What is Early Intervening? It is NOT Special Education. It is pre-referral activities – Response to Intervention (RTI). The school district will make every effort to help a student before making a referral to special education. If the student responds to the intervention and the area of difficulty is addressed then a referral to special education is NOT necessary.

43. May anyone refer a student for special education? Yes. The parent, however, must provide written consent before the eligibility process begins and before the initial IEP is implemented.

44. Do regular education teachers have obligations under special education? Once an IEP is agreed upon, it is the obligation of the District to implement the services. ALL teachers are obligated to familiarize themselves with the IEPs of their current students, and to implement the services, modifications and/or accommodations which are their responsibility. At least one regular education teacher must attend each team meeting. If you work with a child with an IEP or a 504 plan, you MUST sign off that you have read it in its entirety.

45. Regular Education Teachers’ Obligations If you work with a child with an IEP or 504, you must read that document and familiarize yourself with it. Please take time BEFORE students begin the school year to complete this important task and sign off that you have read it in its entirety. Please see your school’s TEAM Chairperson or 504 Coordinator if you have questions.

46. What do I do if I have a question or need help with a student? Whenever you have a problem with a student, begin with the guidance counselor or principal. Teachers must follow a pre-referral process to ensure services are provided in the least restrictive environment. The Auburn Public Schools utilizes the Educational Support Team (EST) process to support teachers and other staff with appropriate student accommodations. If, however, you have specific questions about the special education regulations and/or eligibility process for special education, contact the special education Team Chairperson assigned to your school as noted on the next slide.

47. Heather Harriman – 508-832-7788 * Grades Preschool, Kindergarten, 1 and 2 * E-mail: hharriman@auburn.k12.ma.us Rachel Loew – 508-832-7744 * Grades 3 through 8/AMS SPED Dept. Chair * E-mail: rloew@auburn.k12.ma.us Gregory Walton– 508-832-7711 * Grades 9 through 12+ * E-mail: gwalton@auburn.k12.ma.us Team Chairpersons of the Auburn Public Schools

48. The Director of Pupil Services for the Auburn Public Schools is Rosemary Reidy and she may be reached at: 5 West Street, Auburn, MA 01501 Phone 508-832-7752 Fax 508-832-7757 E-mail: rreidy@auburn.k12.ma.us Director of Pupil Services

49. CONFIDENTIALITYand SPECIAL EDUCATION SERVICES

50. What is Confidentiality? Confidentiality is the act of protecting all personally identifiable data, information, and records collected, used or kept by the school district about a student. Confidentiality requirements also apply to discussions about a student and the student’s record. Personally identifiable data includes: Child or family names and address Student social security or student number Descriptions that would easily identify the student