5000 Students

5000 Concepts and Roles in Student Policies

Board of Education Policy Regarding:
Students – Admission/Placement
Policy # 5111(a)
Amended: 11/10/2020
Supersedes / Amends: 1/11/1996

The Board of Education (Board) recognizes the statutory right of children residing in the District to be enrolled in school if residency and age are confirmed. However, homeless students shall not be required to show residency.

District schools shall be open to all children five years of age and over who reach age five on or before the first day of January of any school year. Each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the program and activities of the school system without discrimination on account of race, color, sex, religion, national origin, sexual orientation, or gender identity or expression. Students who are classified as homeless under federal law, or an unaccompanied youth, as described in 42 USC 11434a, and therefore do not have a fixed residence, will be admitted pursuant to federal law and policy 5118.1.

The parent or person having control of a child five years of age shall have the option of not sending the child to school until the child is six years of age. The parent or person having control of a child six years of age shall have the option of not sending the child to school until the child is seven years of age.

The parent or person shall exercise such option by personally appearing at the school district office and signing an option form. The district shall provide the parent or person with information on the educational opportunities available in the school system.

All resident children under the age of twenty-one who have not obtained a high school diploma are entitled to attend a District school. The parent/guardian of any child who is denied admission to the district’s schools, or an unaccompanied minor, a student eighteen years of age or older, a homeless child or youth or an unaccompanied youth who is denied schooling on the basis of residency, or an agent or officer charged with the enforcement of the laws concerning attendance at school may request, in writing, a hearing by the Board of Education.

According to Connecticut General Statute 10-76d (b2), special education will be provided for children who have attained the age of three and who have been identified as being in need of special education, and whose educational potential will be irreparably diminished without special education. If a special education student is being considered for an exception, the Planning and Placement Team (PPT) will make a recommendation to the administrator in charge of special education.

Each child entering the District schools for the first time must present a birth certificate or offer legal evidence of birth data, as well as proof of a recent physical examination and required immunizations. Other documents that may be accepted as proof of a child’s age include, but are not limited to, a photocopy of a birth certificate, earlier school records, state-issued identification document, driver’s license or passport, parent’s affidavit or unsworn statement as to a child’s age, physician’s certificate verifying a child’s age, or immunization records.

P5111(b)

Students - Admission/Placement (continued)

Completion of immunization and health assessment requirements are required prior to a child’s attendance in school, but are not considered as pre-requisites for enrolling a child who resides in the District and is of appropriate age to attend school. If the parents or guardians of any children are unable to pay for such immunizations, the expense of such immunizations shall on the recommendation of the Board, be paid by the town. Proof of domicile may also be requested by the Building Principal.

The enrollment process shall be focused on obtaining only the information deemed necessary to establish residency and age. The District shall not request other information as a condition of enrollment or state in its policies or on its websites or otherwise, that other information is required to enroll children. The District shall immediately enroll a homeless child and allow such student to attend school even if the student is unable to produce records normally required for enrollment. Additional data collection may occur, but it must be completed in such a manner that does not interfere with the enrollment of a child in school.

The District, when determining residency, shall not request documentation of citizenship or immigration status of a child or the child’s parents/guardians. The Board believes such documentation is not relevant to establishing residency.

In the establishment of residency, the Board will accept such documentation as, but not limited to, a lease agreement, mortgage document, property tax record, rent receipt, home owners insurance, current utility bill, current proof of government benefits, CT driver’s license, automobile registration or insurance. An Affidavit of Residence, properly executed, shall also be acceptable.

In order to determine a child’s eligibility for ESL or bilingual programs, parents/guardians of all new students enrolling for the first time and all re-enrolling students who have not previously attended a Connecticut public school must complete a Home Language Survey (HLS) at the time of enrollment. A student may also take a screening exam. The student must be enrolled first before the administration of the assessment. Neither the survey nor the exam are conditions of enrollment.

Any child entering or returning to the District from placement in a juvenile detention school, the Connecticut Juvenile Training School, or any other residential placement, shall have the educational records of such child provided to the Superintendent of Schools by the Department of Children and Families (DCF) and the Judicial Department. Such information will be shared with the Principal of the school to which the student is assigned. The Principal can disclose them to the staff who teach or care for the child.

P5111(c)

Students - Admission/Placement (continued)

The District will immediately enroll any student who transfers from Unified District No. 1 or Unified District No 2. A student transferring from the Unified School Districts who had previously attended school in the local District shall be enrolled in the school such student previously attended, provided such school has the appropriate grade level for the student.

The parent or person having control of a child seventeen years of age may consent to such child’s withdrawal from school. The parent or person having control of a child seventeen years of age shall exercise this option by personally appearing at the school district office to sign a withdrawal form. Such withdrawal form shall include an attestation from a guidance counselor, school counselor or school administrator of the school that the district has provided the parent or person with information on the educational options available in the school system and in the community.

Children who have attained the age of seventeen and who have terminated enrollment in the district’s schools with parental permission as described previously and subsequently seeks readmission may be denied readmission for up to ninety school days from the date of such termination, unless such child seeks readmission to a District school not later than ten days after such termination. In such case the child will be provided school accommodations not later than three days after the requested readmission.

Note: When a student is enrolling in a new school district or new state charter school, written notification of such enrollment shall be provided to the previous school district or charter school not later than two business days after the student enrolls.

Children who apply for initial admission to the District’s schools by transfer from nonpublic schools or from schools outside the District will be placed at the grade they would have reached elsewhere pending observation and evaluation by classroom teachers, guidance personnel, and the school Principal. After such observations and evaluations have been completed, the Principal will determine the final grade placement of the children.

Children who have attained the age of nineteen or older may be placed in an alternative school program or other suitable educational program if they cannot acquire a sufficient number of credits for graduation by age twenty-one.

Note: A school District may not deny enrollment of a child if his/her parent/guardian refuses to provide a social security number. If a District chooses to request such number, the District must inform the individual that the disclosure is voluntary. Further, the District must provide the statutory or other basis for requesting the number and the District must explain how it will use the number.

P5111(d)

Students - Admission/Placement (continued)

(cf. 0521 - Nondiscrimination)

(cf. 5112 - Ages of Attendance)

(cf. 5118.1 - Homeless Students)

(cf. 5141 - Student Health Services)

(cf. 6171 - Special Education)

(cf. 6146 - Graduation Requirements)

Legal Reference: Connecticut General Statutes

4-176e to 4-180a Agency hearings

4-181a Contested cases. Reconsideration. Modifications.

10-15 Towns to maintain schools

10-15c Discrimination in public schools prohibited. School attendance by five-year olds, as amended by PA 97-247

10-76a - 10-76g re special education

10-184 Duties of parents (re mandatory schooling for children ages five to sixteen, inclusive) - as amended by PA 98-243, PA 00-157 and PA 09-6 (September Special Session) and PA 18-15.

10-186 Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment of hearing board. Readmission, (as amended by PA 19-179)

10-220h Transfer of student records, as amended.

P.A. 11-115 An Act Concerning Juvenile Reentry and Education

P.A. 19-179 An Act Concerning Homeless Students’ Access to Education

10-233a - 10-233f Inclusive; re: suspend, expel, removal of pupils

10-233c Suspension of pupils

10-233d Expulsion of pupils

10-233k Notification of school officials of potentially dangerous students. (as amended by PA 01-176)

10-261 Definitions

State Board of Education Regulations

10-76a-1 General definitions (c) (d) (q) (t)

10-76d-7 Admission of student requiring special education (referral)

10-204a Required immunizations (as amended by PA 98-243)

“Guidance for Connecticut School Districts: Enrollment Process and Practice,” State Department of Education, December 2019.

McKinney-Vento Homeless Assistance Act, 42 U.S.C. §11431 et seq.

Plyler vs. Doe, 457 U.S. 202 (1982)

Forms 1 - 6 and Appendix

5112(a) Ages of Attendance

Board of Education Policy Regarding:
Students – Ages of Attendance
Policy # 5112(a)
Amended: 8/9/2022
Supersedes / Amends: (5112.1, 5112)

In accordance with Connecticut General Statute 10-186, the Board of Education shall provide education for all persons, residing in the District, five years of age and older, having attained age five on or before the first day of January of any school year, and under twenty-two years of age who is not a graduate of a high school or vocational school, except as provided in Connecticut General Statutes 10-233c and 10-233d. For purposes of establishing the residency of a child of a member of the armed forces, as defined in C.G.S. 27-103, and who is seeking enrollment in a district school, in which such child is not yet a resident, the Board shall accept the military orders directing such member to Connecticut or any other documents from the armed forces indicating the transfer of such member to Connecticut as proof of residency in the District.

Additionally, according to Connecticut General Statute 10-76d (b2), special education will be provided for children who have attained the age of three and who have been identified as being in need of special education, and whose educational potential will be irreparably diminished without special education.

Parents and those who have the control of children five years of age and over and under eighteen years of age, are obligated by Connecticut law to require their children to attend public day school or its equivalent in the District in which such child resides, unless such child is a high school graduate or the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools. Students under age eighteen are subject to mandatory attendance laws unless they are at least seventeen and their parent/guardian, or other person having control of the child, consents to such child’s removal from school. The parent or person shall exercise this option by personally appearing at the school district office to sign a withdrawal form. Such withdrawal form shall include an attestation from a guidance counselor, school counselor or school administrator of the school that this District has provided the parent or person with information on the educational opportunities options available in the school system and in the community.

P5112(b)

Students

Ages of Attendance (continued)

The above requirements are not to serve as barriers to immediate enrollment of students, designated as homeless or foster children as required by the Every Student Succeeds Act (ESSA) and the McKinney-Vento Act as amended by the ESSA. The District shall work with the local child welfare agency, the school last attended, or other relevant agencies to obtain necessary enrollment documentation. The District shall immediately enroll a homeless student and allow such student to attend school even if the student is unable to produce records normally required for enrollment.

The parent/guardian of any child who is denied admission to the District’s schools, or an unaccompanied minor, a student eighteen years of age or older, a homeless child or youth or an unaccompanied youth who is denied schooling on the basis of residency, or an agent or officer charged with the enforcement of the laws concerning attendance at school may request, in writing, a hearing by the Board of Education.

The parent or person shall exercise such option by personally appearing at the school district office and signing an option form. The District shall provide the parent or person with information on the educational opportunities available in the school system.

A child who has attained the age of seventeen and who has voluntarily terminated enrollment with parental consent in the District’s schools and subsequently seeks readmission may be denied readmission for up to ninety school days from the date of such termination unless such child seeks readmission to the District not later than ten (10) school days after such termination in which case the Board shall provide school accommodations to such child not later than three school days after such child seeks readmission.

A child who has attained the age of nineteen or older may be placed in an alternative school program or other suitable educational program if he/she cannot acquire a sufficient number of credits for graduation by age twenty-one.

(cf. 5111 - Admission/Placement)

(cf. 5118.1 - Homeless Students)

(cf. 5118.3 - Children in Foster Care)

(cf. 5112 - Ages of Attendance)

(cf. 6146 - Graduation Requirements)

Legal Reference: Connecticut General Statutes

4-176e to 4-180a Agency hearings

4-181a Contested cases. Reconsideration. Modifications.

10-15 Towns to maintain schools

10-15c Discrimination in public schools prohibited. School attendance by five-year-olds

10-76a - 10-76g re special education

10-184 Duties of parents (re mandatory schooling for children ages five to sixteen, inclusive) as amended by PA-98-243, PA 00-157, PA 09-6 (September Special Session) and PA 18-15

10-186 Duties of local and regional boards of education re school attendance. Hearings. (as amended by P.A. 19-179)

P.A. 19-179 An Act concerning Homeless Students; Access to education

Appeals to State Board. Establishment of hearing board

10-233a - 10-233f Inclusive; re: suspend, expel, removal of pupils

10-233c Suspension of pupils

10-233d Expulsion of pupils

State Board of Education Regulations

10-76a-1 General definitions (c) (d) (q) (t)

P.A. 19-179 An Act Concerning Homeless Students’ Access to Education

“Guidance for Connecticut School Districts: Enrollment Process and Practice,” State Department of Education, December 2019.

P.A. 21-86 An Act Concerning the Enrollment of Children of Members of the Armed Forces in Public Schools and the Establishment of a Purple Star School Program

McKinney-Vento Homeless Assistance Act (PL 107-110 Sec. 1032) 42 U.S.C. §11431-11435, as amended by the ESSA, P.L. 114-95

Federal Register: McKinney-Vento Education for Homeless Children & Youths Program, Vol. 81 No. 52, 3/17/2016

5112 Form #1 Acknowledgment of Option to exempt attendance of child five or six years of age from school

5112 Form #2 Acknowledgment of Option to withdraw child seventeen years of age from school.

5113(a) Attendance, Excused, Dismissal

Board of Education Policy Regarding:
Students – Attendance/Excuses/Dismissal
Policy # 5113(a)
Amended: 6/14/2022
Supersedes / Amends: (5113.2, 6/12/18)

Attendance

Connecticut state law requires parents to cause their children, ages five through eighteen inclusive, to attend school regularly during the hours and terms the public school is in session. Parents or persons having control of a child five years of age have the option of not sending the child to school until ages six or seven. Mandatory attendance terminates upon graduation or withdrawal with written parent/guardian consent at age seventeen.

A student is considered to be “in attendance” if present at his/her assigned school, or an activity sponsored by the school (e.g., field trip), for at least half of the regular school day. A student who is serving an out-of-school suspension or expulsion should always be considered absent. A student not meeting the definition of “in attendance” shall be considered absent.

Classroom learning experiences are the basis for public school education. Time lost from class is lost instructional opportunity. The Board of Education requires that accurate records be kept of the attendance of each child, and students should not be absent from school without parental knowledge and consent.

Definitions (related to chronic absenteeism)

Chronically absent child: An enrolled student whose total number of absences at any time during a school year is equal to or greater than ten percent of the total number of days that such student has been enrolled at such school during such school year.

Absence: An excused absence, unexcused absence or disciplinary absence, as those terms are defined by the State Board of Education pursuant to C.G.S. 10-198b.

District chronic absenteeism rate: The total number of chronically absent children in the previous school year divided by the total number of children under the jurisdiction of the Board of Education for such school year.

School chronic absenteeism rate: The total number of chronically absent children for a school in the previous school year divided by the total number of children enrolled in such school for such school year.

P5113(b)

Students

Attendance/Excuses/Dismissal

Excuses (continued)

Note: The use of the state-approved definitions of “excused” and “unexcused” absences are for state purposes for the reporting of truancy. Districts are not precluded from using separate definitions of such absences for their internal uses such as involving decisions on areas such as promotion and grading.

A student’s absence from school shall be considered “excused” if written, email, or verbal notification of the reason for such absence has been submitted within ten (10) school days of the student’s return to school and meets the following criteria:

A. For absences one through nine, a student’s absences from school are considered “excused” when the student’s parent/guardian approves such absence and provides appropriate documentation to school officials.

B. A student’s engagement in remote classes, remote meetings, activities on time-logged electronic systems, and completion and submission of assignments, if such engagement accounts for not less than one-half of the school day during remote learning is excluded from the definitions of “excused absence” and “unexcused absence.”

C. Absence resulting from a student enrolled in grades K-12, taking two mental health days during the school year. Such absence is to permit the student to attend to his/her emotional and psychological well-being in lieu of attending school.

The student shall not be required to present documentation or parental/guardian consent. For purposes of school year limitation, such absence shall be identified as a “mental health wellness day.”

A student cannot take these mental health days during consecutive school days.

Such documentation includes a signed note from the student’s parent/guardian, a signed note from a school official that spoke in person with the parent/guardian regarding the absence, or a note confirming the absence by the school nurse or by a licensed medical professional, as appropriate. Documentation should explain the nature of and the reason for the absence as well as the length of the absence. Separate documentation must be submitted for each incidence of absenteeism.

D. For the tenth absence and all absences thereafter, a student’s absences from school are considered excused for the following reasons:

1. Student illness (must be verified by a licensed medical professional to be deemed excused, regardless of the length of the absence);

2. Student’s observance of a religious holiday;

3. Death in the student’s family or other emergency beyond the control of the student’s family;

P5113(c)

Students

Attendance/Excuses/Dismissal

Excuses (continued)

4. Mandated court appearances (documentation required);

5. The lack of transportation that is normally provided by a district other than the one the student attends (no parental documentation required);

6. Extraordinary educational opportunities pre-approved by District administration and to be in accordance with Connecticut State Department of Education guidance.

E. A student’s absence from school shall be considered unexcused unless:

1. The absence meets the definition of an excused absence and meets the documentation requirements; or

2. The absence meets the definition of a disciplinary absence, which is the result of school or District disciplinary action and are excluded from these State Board of Education approved definitions.

When the school in which a child is enrolled receives no notification from a parent or other person having control of the child is aware of the child’s absence, a reasonable effort shall be made by school personnel or volunteers under the direction of school personnel to notify by telephone and by mail such parent or other person having control of the child.

Responsibility for completion of missed classwork lies with the student, not the teacher. Unless a student has an extended illness, all make-up work will be complete within five days after the student returns to school.

Excused Absences for Children of Service Members

An enrolled student, age five to eighteen, inclusive, whose parent or legal guardian is an active duty member of the armed forces, as defined in section 27-103, and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support posting, shall be granted ten days of excused absences in any school year and, at the discretion of the Board of Education, additional excused absences to visit such child’s parent or legal guardian with respect to such leave or deployment of the parent or legal guardian. In the case of such excused absences such child and parent or legal guardian shall be responsible to obtaining assignments from the student’s teacher prior to any period of excused absence, and for ensuring that such assignments are completed by such child prior to his or her return to school from such period of excused absence.

Chronic Absenteeism

The Board of Education, in compliance with statute, requires the establishment of attendance review teams when chronic absenteeism rates in the District or at individual schools in the District meet the following circumstances:

P5113(d)

Students

Attendance/Excuses/Dismissal

Chronic Absenteeism (continued)

1. A team for the District must be established when the District chronic absenteeism rate is 10 percent or higher.

2. A team for the school must be established when the school chronic absenteeism rate is 15 percent or higher.

3. A team for either the District or each school must be established when (a) more than one school in the District has a school chronic absenteeism rate of 15 percent or higher or (b) a District has a District chronic absenteeism rate of 10 percent or higher and one or more schools in the District have a school chronic absenteeism rate of 15 percent or higher.

Each attendance review team shall be responsible for reviewing the cases of truants and chronically absent children, discussing school interventions and community referrals for such truants and chronically absent children and making any additional recommendations for such truants and chronically absent children and their parents or guardians. Each established attendance review team shall meet at least monthly.

The District shall utilize the chronic absenteeism prevention and intervention plan developed by the State Department of Education. Such plan must include the means for collecting and analyzing data relating to student attendance, truancy and chronic absenteeism. The data must be disaggregated by school district, school grades and subgroups such as race, ethnicity, gender, eligibility for free and reduced priced lunches, students whose primary language is not English, and student with disabilities.

The District shall annually include in information for the strategic school profile report for each school and the District that is submitted to the Commissioner of Education, data pertaining to truancy and chronically absent children.

The Principal or his/her designee of any elementary or middle school located in a town/city designated as an alliance district may refer to the children’s truancy clinic established by the Probate Court serving the town/city, a parent/guardian with a child defined as a truant or who is at risk of becoming a truant. (An attendance officer or a police officer shall deliver the citation and summons and a copy of the referral to the parent/guardian.)

Dismissal

No school, grade, or class may be dismissed before the regularly scheduled dismissal time without the approval of the Superintendent or his/her designee.

No teacher may permit any individual student to leave school prior to the regular hour of dismissal without the permission of the Principal.

P5113(e)

Students

Attendance/Excuses/Dismissal

Dismissal (continued)

No student may be permitted to leave school at any time other than at regular dismissal without the approval of the student’s parent/guardian. If a court official with legal permission to take custody of a child, or if a police officer arrests a student, the parent/guardian should be notified of these situations by the administration.

(cf. 5142 - Student Safety)

(cf. 5113.2 - Truancy)

(cf. 6113 - Released Time)

Legal Reference: Connecticut General Statutes
10-220(c) Duties of boards of education (as amended by PA 15-225)
10-184 Duties of parents (as amended by PA 98-243, PA 00-157 and PA 18-15)
10-185 Penalty
10-198a Policies and procedures concerning truants (as amended by PA11-136, An Act Concerning Minor Revisions to the Education Statutes and PA 14-198, An Act Concerning Excused Absences from School for Children of Service Members, and PA 16-147, An Act Concerning the Recommendations of the Juvenile Justice Policy and Oversight committee)
10-198b State Board of Education to define “excused absence,” “unexcused absence,” and “disciplinary absence” (as amended by PA 21-46, Section 19)
10-198c Attendance review teams.
10-198d Chronic absenteeism (as amended by PA 17-14 and PA 18-182)
45a-8c Truancy clinic. Administration. Policies and procedures. Report. (as amended by PA 15-225)
10-199 through 10-202 Attendance, truancy - in general
Action taken by State Board of Education on January 2, 2008, to define “attendance.”
Action taken by State Board of Education on June 27, 2012, to define “excused” and “unexcused” absences.
PA 17-14 An Act Implementing the Recommendations of the Department of Education
PA 21-46 An Act Concerning Social Equity and the Health, Safety and Education of Children

5114(b) Suspension and Expulsion

Board of Education Policy Regarding:

Students – Suspension and Expulsion/Due Process
Policy: 5114 (b)
Revised: 12-10-2019
Supersedes/Amends: 09/09/08, 1/11/96, 7/10/12, 12/11/18

Suspension

An authorized member of the administrative staff may suspend a student from school privileges or from transportation services when the student's conduct on school grounds or at a school sponsored activity endangers persons or property or is seriously disruptive of the educational process, or whose conduct violates a publicized policy of the Board of Education. A student may also be suspended from school privileges when the student’s conduct off school grounds is violative of Board policy and is seriously disruptive of the educational process.

In making a determination as to whether conduct is “seriously disruptive of the educational process,” the administration, Board of Education or impartial hearing board may consider, but such consideration shall not be limited to; (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence or the unlawful use of a weapon as defined in Section 29-38 and whether any injuries occurred, and (4) whether the conduct involved the use of alcohol.

For any one incident a student shall not be suspended for more than ten (10) consecutive school days. No student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless the student is granted a formal hearing as specified in C.G.S. 4-176e -- 4-180a. All suspensions shall be in-school suspensions unless the administration determines for students in grades three to twelve, inclusive, that (1) the student being suspended poses such a danger to persons or property or such a disruption of the educational process that the student shall be excluded from school during the period of suspension, or (2) that an out-of-school suspension is appropriate based on evidence of previous disciplinary problems that have led to suspensions or expulsion of the student and efforts by the administration to address such disciplinary problems through means other than out-of-school suspension or expulsion, including positive support strategies. A student in grades preschool to two, inclusive, may receive an out-of-school suspension if it is determined by the administration that such out-of-school suspension is appropriate based on evidence that the student’s conduct on school grounds is of a violent nature or sexual nature that endangers persons.

In-school suspensions shall be served in the school attended by the student. (or: Such suspensions may be served in any school building under the jurisdiction of the Board of Education. The Board has determined that in-school suspensions shall be served in the following District schools: Batcheller and Pearson.)

Students may not be suspended without an informal hearing before the Building Principal or the Principal's designee unless the Principal determines that an emergency situation exists.

A suspended student must be given an opportunity to complete any classwork, including examinations, which were missed during the suspension.

P5114(b)

Students - Suspension and Expulsion/Due Process (continued)

For any student who is suspended for the first time and who has never been expelled, the school administration may shorten the length of or waive the suspension period if the student successfully completes an administration-specified program and meets any other administration-required conditions. Such program shall be at no expense to the student or his/her parents/guardians.

At the discretion of the Principal, in-school suspensions not to exceed ten consecutive days may be given when deemed appropriate no more than fifteen (15) times or a total of fifty days in one school year, whichever results in fewer days of exclusion.

If it is necessary to suspend a student before an informal hearing is held, such hearing shall be held as soon after the suspension as possible.

A suspension shall not extend past the end of the school year.

A suspension shall be included in the student's record.

Expulsion

The Board of Education may expel any student, in grades three to twelve, inclusive, whose conduct on school grounds or at a school-sponsored activity endangers persons or property or is seriously disruptive of the educational process, or violates a published policy of the Board, provided that a formal hearing is held under C.G.S. 4-176e -- 4-180a. The Board may expel any student found to be in possession of a dangerous weapon in school, on school transportation, on school grounds, or at a school-sponsored activity. Consideration may also be given to expelling a student whose conduct off school grounds is seriously disruptive of the educational process and is violative of a publicized policy of the Board.

1. Grounds for expulsion if occurring on school property, school transportation vehicles, or at any school-sponsored activity shall include, but not be limited to:

A. Willfully striking or assaulting a student or any member of the school staff.

B. Theft.

C. The use of obscene or profane language or gestures to a member of the school staff.

D. Deliberate refusal to obey a member of the school staff.

E. A walkout from or a sit-in within a classroom or school building or class.

F. Blackmailing, harassing, threatening or intimidating school staff or another student.

G. Personal possession of a firearm, as defined in 18 U.S.C. 921, deadly weapon, dangerous instrument, or martial arts weapon, as defined in Section 53a-3, such as a pistol, knife, blackjack, etc.

P5114(c)

Students - Suspension and Expulsion/Due Process

Expulsion (continued)

H. Unauthorized possession, distribution, selling or consumption of dangerous drugs, narcotics or alcoholic beverages (Dangerous drugs or narcotics shall mean any controlled drug as defined in C.G.S. 2la-240).

I. Willful destruction of school property or property of staff members or other students.

J. Creating a disturbance in the classroom.

K. Any violation of school policies or rules.

2. Grounds for expulsion if occurring off of school property or outside of school activities:

A. Conduct leading to a Class A misdemeanor or felony arrest if that conduct is determined to pose a danger to the student himself/herself, other students, school employees or school property.

B. Adjudication as a delinquent or a youthful offender as the result of a felony if the conduct leading to the adjudication is determined to pose a danger to the student himself/herself, other students, school employees or school property.

C. Knowingly possessing a firearm or deadly weapon. A firearm as defined by C.G.S. 53a-3 includes any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon whether loaded or unloaded from which a shot may be discharged, or a switchblade knife, a gravity knife, billy, blackjack, bludgeon or metal knuckles.

D. Knowingly possessing, or using a dangerous instrument, or martial arts weapon, article or substance, which, under the circumstances in which it is used or attempted or threatened to be used is capable of causing death or serious physical injury and includes a vehicle as defined in C.G.S. 53a-3.

E. Offering for sale or distribution a controlled substance as defined in Section 21a-240(a) of the Connecticut General Statutes.

3. A special education student's disability shall be considered before making a decision to expel. An IEP team (PPT) meeting must be held for any suspension beyond 10 cumulative days in a school year which constitute a pattern or change of placement. The meeting shall determine whether the student’s behavior or actions are violative of Board of Education standards set forth in policy which govern suspension and expulsion and are the result of the student's disability.

4. If a student, PK through 12, inclusive, is found to have possessed a firearm, dangerous instrument, deadly weapon or martial arts weapon on school property or at any school-sponsored activity or to have possessed off school property a firearm as defined in 18 U.S.C. 921 or used off school property, a deadly weapon, dangerous instrument or martial arts weapon in the commission of a crime, or on or off school property offered for sale or distribution a dangerous drug, he/she must be expelled for one calendar year. The Board may modify the expulsion period on a case-by-case basis.

P5114(d)

Students - Suspension and Expulsion/Due Process

Expulsion (continued)

5. Any student under sixteen who is expelled shall be offered an alternative educational opportunity which shall be equivalent to alternate education as defined by C.G.S. 10-74j, with an individualized learning plan (1) if the Board provides such alternative education, or (2) in accordance with the standards adopted by the State Board of Education (by 8/15/17) which includes the kind of instruction to be provided and the number of hours to be provided, during the period of expulsion according to the terms of the law. Any student between the ages of sixteen and eighteen, not previously expelled and who wishes to continue his/her education shall be offered an alternative educational opportunity if he/she complies with conditions established by the Board. Any student participating in an adult education program during a period of expulsion shall not be required to withdraw from school under C.G.S. 10-184.

6. With regard to special education students, any special education student found to be in possession of a weapon on school property or at a school function or knowingly possessing, using of illegal drugs or selling or soliciting the sale of controlled substances at school or at a school function or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function will be referred to the IEP team (PPT) for modification of the individualized education plan in order to prevent reoccurrence of such behavior and to ensure the safety of other children in the school. School personnel may remove a student to an interim alternate educational setting for up to 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability in the aforementioned circumstances. If the IEP team (PPT) determines that the special education student's inappropriate behavior or actions are deemed not to be the result of the student's disability, suspension or expulsion procedures shall be conducted in accordance with provisions of this policy for non-special education students. If the special education student is expelled, he/she must be offered an alternative educational opportunity consistent with his/her needs during the period of expulsion and with the student’s IEP. The interim alternative placement shall be determined by the IEP team (PPT). In case of a due process hearing, the student shall remain in the interim placement until the Board and parents otherwise agree or the Board obtains a court order.

7. A period of exclusion may extend into the next school year.

8. A student may be expelled before the formal hearing provided that an emergency exists, but in this case the hearing shall be held as soon after the expulsion as possible.

P5114(e)

Students - Suspension and Expulsion/Due Process

Expulsion (continued)

9. The notice of formal hearing required by C.G.S. 4-177 shall be given to the parents or guardians of the student as to the student if the student is a minor at least five business days before such hearing. The notice shall include information concerning legal services that are provided free of charge or at a reduced rate that are available locally and how to access such services. An attorney or other advocate may represent any student subject to expulsion proceedings. The student’s parent/guardian shall have the right to have the expulsion hearing postponed for up to one week to allow time to obtain representation, except that if an emergency exists, such hearing shall be held as soon as after the expulsion as possible.

10. An expelled student may apply for early readmission to school. Such readmission shall be at the discretion of the Superintendent of Schools. Readmission decisions shall not be subject to appeal to Superior Court. The Board or Superintendent, as appropriate, may condition such readmission on specified criteria.

11. For any student expelled for the first time and who has never been suspended, except for a student who has been expelled based on possession of a firearm or deadly weapon, the Board of Education may shorten the length of or waive the expulsion period if the student successfully completes a Board specified program and meets any other conditions required by the Board. Such a Board specified program shall not require the student or the parent/guardian of such student to pay for participation in the program.

12. If a student’s expulsion is shortened or the expulsion period waived based upon the fact that the student was expelled for the first time, had never been suspended, and successfully completed a Board specified program and/or met other conditions required by the Board, the notice of expulsion shall be expunged, except for the notice of an expulsion of a student in grades 9 through 12, inclusive, based on possession of a firearm or deadly weapon, from the cumulative educational record if the student graduates from high school or, if the Board so chooses, at the time the student completes the Board specified program and meets any other conditions required by the Board.

13. If a student in grades kindergarten to eight, is expelled based on possession of a firearm or deadly weapon, the Board may expunge from the students’ cumulative education record the notice of the expulsion and the conduct for which the student was expelled if the Board determines that the conduct and behavior of the student in the years following such expulsion warrants an expungement.

Under provisions of C.G.S. 10-233d, a student may be expelled at a meeting at which three or more members of the Board are present provided that at least a majority of those present at the expulsion hearing vote for expulsion, and provided that at least three affirmative votes for expulsion are cast.

P5114(f)

Students - Suspension and Expulsion/Due Process (continued)

Readmission of Student from a Residential Placement

A District student who has committed an expellable offense who seeks to return to a District school, after participating in a diversionary program or having been detained in a juvenile detention center, the Connecticut Juvenile Training School or any other residential placement, for one year or more, in lieu of expulsion from the District, shall be permitted to return to the appropriate school setting within the District. Further, the District shall not expel the student for any additional time for the offense(s).

Students and parents shall be notified of this policy annually.

Legal Reference: Connecticut General Statutes

4-176e through 4-180a. Contested Cases. Notice. Record, as amended

10-74j Alternative education (PA 15-133)

10-233a through 10-233f Suspension, removal and expulsion of students, as amended by PA 95-304, PA 96-244, PA 98-139, PA 07-66, PA 07-122, PA 08-160, PA 09-82, PA 09-6 (September Special Session), PA 10-111, PA 11-126, PA 14-229, PA 15- 96, PA 16-147 and PA 17-220.

53a-3 Definitions.

53a-217b Possession of Firearms and Deadly Weapons on School Grounds.

PA 94-221 An Act Concerning School Discipline and Safety.

PA 15- 96 An Act Prohibiting Out-of-School Suspensions and Expulsions for Students in Preschool and Grades Kindergarten to Two.

GOALS 2000: Educate America Act, Pub. L. 103-227.

18 U.S.C. 921 Definitions.

Title III - Amendments to the Individuals with Disabilities Education Act. Sec. 314 (Local Control Over Violence)

Elementary and Secondary Act of 1965 as amended by the Gun Free Schools Act of 1994

P.L. 105-17 The Individuals with Disabilities Act, Amendments of 1997.

Kyle P. Packer PPA Jane Packer v. Thomaston Board of Education.

20 U.S.C. Section 7114, No Child Left Behind Act

P.L. 108-446 The Individuals with Disabilities Education Improvement Act of 2004

Policy adopted:

rev 6/14

rev 7/15

rev 11/16

rev 6/17

Appendix

Students - Suspension and Expulsion/Due Process

A. Definitions

A student in grades preschool to two, inclusive, may be given an out-of-school suspension if it is determined by the administration that such suspension is appropriate based on evidence that the student’s conduct on school grounds is of a violent or sexual nature that endangers persons. In addition, a person’s duty as a mandated reporter to report suspected child abuse or neglect is not limited by this provision.

5. “Expulsion” shall be defined as an exclusion from school privileges for any student in grades three to twelve, inclusive, for more than ten (10) consecutive school days and shall be deemed to include but not be limited to, exclusion from the school to which such student was assigned at the time such disciplinary action was taken, provided that assignment to a regular classroom program in a different school in the district shall not constitute a suspension or an expulsion. Such period of exclusion may extend to the school year following the school year in which the exclusion was imposed, up to one calendar year. To be expelled, the student’s conduct must be found to be both violative of a Board policy and either seriously disruptive of the educational process or endangering persons or property.

6. “Emergency” shall be defined as a situation under which the continued presence of the student in the school imposes such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such student as possible.

7. “Days” is defined as days when school is in session.

8. “School-sponsored activity” is defined as any activity sponsored, recognized or authorized by the Board of Education and includes activities conducted on or off school property.

9. “Possess” means to have physical possession or otherwise to exercise dominion or control over tangible property.

10. “Deadly weapon” means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. A weapon such as a pellet gun and/or airsoft pistol may constitute a deadly weapon if such weapon is designed for violence and is capable of inflicting death or serious bodily harm.

5114.2 Communicable Disease

5117.2 Magnet School Participation

The Winchester Board of Education recognizes that students may benefit from having a choice of schools to attend within the public school system that is not limited by school and/or district boundaries. An interdistrict public school attendance program will (1) provide parents and students with greater opportunities to choose the school and/or program that best meets the academic needs of the student; (2) positively influence the level of parent involvement and student motivation; (3) improve academic achievement; and (4) provide a choice of educational programs for students.

The Board of Education supports the attendance of a limited number of students at the various magnet or similar schools in the region within the ability of the district to budget adequately for the cost of tuition and transportation. The District will determine each year the budget for magnet school attendance. To aid in the budget process the Superintendent will endeavor to determine the number of students who have expressed interest in applying for magnet school admission. This might entail notice to all parents that there will be a cut-off date for indications of interest in a magnet school program. Based on the level of interest expressed and the cost of the magnet school program the Superintendent shall include in his budget recommendation a dollar amount to be allocated towards the cost of magnet school participation. That dollar amount may be zero or any amount up to and including the full cost of the magnet school participation for the students who have timely expressed interest in attending a magnet school.

During the budget process the Board of Education may elect to endorse the Superintendent’s recommendation or may mandate increases or decreases in the budgeted amount. Following final adoption of a total budget the amount allocated to magnet school participation may be reduced to reflect budget cuts. The Superintendent may allocate funds available to pay the costs of the magnet school for students who have been admitted to a magnet school. The Superintendent shall use his or her judgment in allocating the funds, but shall generally give preference to students who timely indicated their interest in a magnet school. The Superintendent may if the circumstances warrant allocate funds to a student who failed to indicate his or her preference in a timely fashion. With limited funds available the Superintendent may partially fund all students who expressed an interest in a timely manner. Transportation ordinarily will not be funded by the District.

5118 Nonresident Students

Definition. A nonresident student is a student who:

resides outside of the school district; or

resides within the school district on a temporary basis; or

resides within the school district on a permanent basis but with pay to the person(s) with whom the student is living; or

resides within the school district for the sole purpose of obtaining school accommodations; or is

a child placed by the Commissioner of Children and Youth Services or by other agencies in a private residential facility. However, under this circumstance, children may attend local schools with tuition paid by the home district unless special education considerations make attendance in local schools and programs inappropriate. Children not requiring special education who live in town as a result of placement by a public agency (other than another board of education and except as provided otherwise in this paragraph) are resident students; those requiring special education may attend local schools (with special education cost reimbursements in accordance with statutes) unless special education considerations make attendance in local schools and programs inappropriate.

Nonresident Attendance Without Tuition. Upon written parental request, nonresident students may be allowed by the Board of Education to attend district schools without tuition under one or more of the following conditions:

A family moved from the district after January 1st of the school year; however, if parents so request, a child may complete the marking period regardless of when the family moves from town;

A family residing outside of a district has firm plans to move into the school district within the current school year as evidenced by contract to buy, build, rent, or lease;

A twelfth grade student wishes to complete his or her education in the district;

Children reside temporarily within the district because of family changes or children attending local schools residing temporarily outside of the district because of family circumstances. Approval shall not exceed three (3) calendar months; if subsequent approval is necessary, it shall be considered based upon information available at that time.

Exchange Students. No tuition is required for foreign (non-U.S.A., green card, or visa) students living within the district under the American Field Service Program or under other programs or circumstances approved by the board. Exchange students will be accorded all the rights and privileges of a resident student during the period of enrollment.

Nonresident Attendance With Tuition. Nonresident students who do not meet one or more criteria under previous sections of this policy, may attend local schools only with tuition payment. The Board of Education may approve nonresident student attendance with tuition if class size, transportation, and other considerations permit. Nonresident approval with tuition shall be for one (1) school year or less. Tuition rates shall be established by the board annually.

Attendance by a nonresident tuition student may be terminated by board of education action, upon recommendation of the superintendent of schools, if the board deems such termination in the best interest of the school district. An adjustment of tuition on a per diem basis will be made in this instance.

Evidence of Residency. The superintendent of schools or his/her designee may require documentation of family and/or student residency, including affidavits, provided that prior to a request for evidence of residency the parent or guardian, relative or non-relative, emancipated minor, or pupil eighteen (18) years of age or older shall be provided with a written statement of why there is reason to believe such student’s may not be entitled to attend school in the district.

Removal of Nonresident Student From District Schools. If after a careful review of affidavits, registration, or other available evidence, the superintendent of schools or his/her designee believes a student is not entitled to attend local schools, the parent or guardian, the student if an emancipated minor, or a pupil eighteen (18) years of age or older shall be informed in writing that, as of a particular date, the student may no longer attend local schools, and the superintendent shall notify the board of education (if known) where the child should attend school. If after review district residency is established by the evidence, the parent or guardian, the student if an emancipated minor, or a pupil eighteen (18) years of age or older shall be so informed.

If a student is removed from a district school for residency reasons the superintendent of schools or his/her designee shall: 1) inform the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older of hearing rights before the board of education and that the student(s) may continue in local schools pending a hearing before the board of education if requested in writing by the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older; 2) that upon request, a transcript of the hearing will be provided; 3) that a local board of education decision may be appealed to the State Board and that the student(s) may continue in local schools pending a hearing before the State Board if requested in writing by the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older; 4) that if the appeal to the State Board of Education is lost, a per diem tuition will be assessed for each day a student attended local schools when not eligible to attend.

Board of Education Hearing. Upon written request, the board of education shall provide a hearing within ten (10) days after receipt of such request. If there is a hearing, the board shall make a stenographic record or tape recording of the hearing; shall make a decision on student eligibility to attend local schools within ten (10) days after the hearing; and shall notify the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of its findings. Hearings shall be conducted in accordance with the provisions of Sections 4-177 to 4-180 inclusive of Connecticut General Statutes.

The board shall, within ten (10) days after receipt of notice of an appeal, forward the hearing record to the State Board of Education.

Legal Reference: Connecticut General Statutes

4-176e through 4-185 Uniform Administrative Procedure Act

10-186 Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment of hearing board.

10-253 School privileges for students in certain placements…and temporary shelters.

5121.3 Cheating

5122.3 Assignment of Former Home Schooled Students and Students from Non-Accredited Schools to Classes

5123 (a) Promotion, Acceleration, Retention K-12

The Board of Education is dedicated to the best total and continuous development of each student enrolled in its schools. Therefore, the District will establish and maintain the highest standards required for each grade and monitor student performance in a continuous and systematic manner. The administration and faculty shall establish a system of grading and reporting academic achievement to students and their parents and guardians. The system shall also determine when promotion and graduation requirements are met. The decision to promote a student to the next grade level shall be based on demonstrated and assessed successful completion of the curriculum, attendance, performance on the statewide assessments and other testing instruments. Any necessary retention should take place as early in a student's educational career as possible.

Students shall be promoted on the basis of academic achievement. Students who, on the basis of objective measures of academic proficiency, can reasonably be expected to meet the instructional/learning objectives at the next educational level may be promoted.

The Board of Education shall approve the grading and reporting systems as developed by the administration and faculty upon the recommendation of the Superintendent of Schools.

The Board desires to minimize / eliminate the practice of promoting students to the next grade level for social reasons even though they are failing academically. The Board expects students to progress through each grade, usually within one school year. To accomplish this, instruction should accommodate the varying interests and growth patterns of individual students and include strategies for addressing academic deficiencies when needed. Students shall progress through the grade levels by demonstrating growth in learning and meeting; grade-level standards of expected student achievement. The student's readiness for work at the next grade level shall be required before he/she is promoted. Students who have mastered the appropriate skills will be promoted; those who have not will be retained.

Schools shall identify students in danger of failing and being at risk for retention. This identification shall also include those students who fail to meet the remedial standards of the statewide assessment programs. Prior to deciding on retention for a student not mastering the appropriate skills, the district shall provide and may require the student to attend one or more alternatives for remedial assistance. Opportunities, provided for supplemental and remedial instruction to assist the student in overcoming his/her academic deficiencies,
may include but are not limited to, after-school tutorial programs, Saturday
tutorial programs, summer school, Reading Recovery, instruction during school vacations or during week-end programs, cross-age tutoring or student mentoring.

In all cases of promotion or retention, the parent/guardian is to be fully involved and informed throughout the promotion/retention decision-making process. Parents will be notified as early as possible that retention is being considered and, except in very unusual circumstances, no later than March 15. The Parent in conjunction with the school shall be responsible for making the final decision as to retention and assignment.

(cf. 5124 - Reporting to Parents)

(cf. 6146 - Graduation Requirements) (cf. 6146.1 - Grading System)

LEGAL REFERENCE: Connecticut General Statutes

P.A. 99-288 An Act Concerning Education Accountability

10-221(b) Boards of education to prescribe rules.

10-265g Summer reading programs required for priority school districts. Evaluation of student reading level. Personal reading plans. (as amended by PA 01-173 and PA 06-135)

10-265l Requirements for additional instruction for poor performing students in priority school districts; exemption. Summer school required; exemption (as amended by PA 99-288, PA 01-173, PA 03-174 and PA 06-135)

5125(a) Ferpa Regulations

Students

Student Records; Confidentiality

Educational records, defined as records directly related to a student, will be kept for each student and will reflect the physical, emotional, social and academic aspects of a student’s development in the educational process.

The Board of Education recognizes the need to comply with the legal state and federal requirements regarding the confidentiality, access to and amendment of student records. The procedures for the confidentiality of student records shall be consistent with federal statutes, including the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, and its implementing and revised regulations and the Connecticut General Statutes.

Safeguards shall be established by the school administration to protect the student and the student’s family from invasion of privacy in the collection, maintenance and dissemination of information, and to provide accessibility to recorded information by those legally entitled thereto. Access to inspect or review a student’s educational record or any part thereof may include the right to receive copies under limited circumstances.

For the purposes of this policy:

“Parent” means a natural parent, an adopted, or a legal guardian or an individual acting as a parent in the absence of a parent or guardian. If parents are divorced or legally separated the parent granted custody and the parent not granted custody of a minor child both have the right of access to the academic, medical, hospital, or other health records of the child, unless a court order prohibits access. Whenever a student has attained the age of 18 years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents or guardians of the student shall thereafter only be required of, and accorded to, the student.

“Student” means an individual who is or has been “in attendance” in person at an educational agency or institution for whom education records are maintained. It also includes those situations in which students “attend” classes but are not physically present, including attendance by videoconference, satellite, Internet, or other electronic information and telecommunication technologies.

“Student record” means any item of information directly related to an identifiable student, other than directory information, which is maintained by a school district or required to be maintained by an employee in the performance of his/her duties whether recorded in handwriting, print, computer media, video or audio tape, film, microfilm and microfiche. Student records include information relative to an individual student gathered within or without the school system and maintained within the school system, regardless of the physical form in which it is maintained. Any information maintained for the purpose of review by a second party is considered a student record. Records that pertain to an individual’s previous attendance as a student are “education records” under FERPA regardless of when they were created or received within the school system.

“Student record” shall not include informal notes related to a student compiled by a school officer or employee, which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. Records of the law enforcement unit of the District or school are not considered student records.

“Law Enforcement Unit” means an individual office, department, division, or other component of an education agency or institution that is officially authorized or designated by that agency or institution to (1) enforce laws or refer matters of law enforcement to appropriate authorities, or (2) maintain the physical security and safety of the agency or institution.

“Substitute” means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position.

“School Official” means a person employed by the District as an administrator, supervisor, instructor, or support staff member, including health or medical staff and law enforcement unit personnel, a person serving on the Board of Education, a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist), or a parent or student serving on an official committee such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks.

“Authorized Representative” means any entity or individual designated by a state or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct with respect to Federal or State-supported education programs, any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

“Education Program” means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education and adult education, and any program that is administered by an educational agency or institution.

“Early Childhood Education Program” means a Head Start program, a state licensed or regulated child care program, or a program that serves children from birth through age six that addresses the children’s cognitive, social, emotional and physical development and is a (i) state prekindergarten program; (ii) a program authorized under the Individuals with Disabilities Education Act; or (iii) is a program operated by a local educational agency.

P5125(c)

Students

Student Records; Confidentiality (continued)

“Directory Information” means information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes, but is not limited to, one or more of the following items: parent’s name and/or e-mail address, student’s name, address, telephone number, date and place of birth, major field(s) of study, participation in officially recognized activities and sports, photographic, computer and/or video images, grade levels, electronic mail address, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the student.

A student’s social security number or student ID number is prohibited from designation as directory information. However, student ID numbers and other electronic personal identifiers used to access or communicate in electronic systems may be disclosed only if the identifier is not used by itself to authenticate identity and cannot be used to gain access to education records.

A student’s ID number or other unique personal identifier that is displayed on a student ID badge is considered directory information, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

The Superintendent shall be responsible for ensuring that all requirements under federal and state statutes shall be carried out by the district. He/She will develop procedures (administrative regulations) providing for the following:

Annually informing parents of their rights.

Permitting parents to inspect and review educational records, including, at least, a statement of the procedure to be followed by a parent or eligible student who requests to inspect and review the educational records, with an understanding that the procedure may not deny access to educational records; a description of the circumstances in which the district feels it has a legitimate cause to deny a request for a copy of such records; a schedule of fees for copies; and a listing of the types and locations of education records maintained by the school and the titles and addresses of school officials responsible for those records.

Not disclosing personally identifiable information from a student’s education records without the prior written consent of the student’s parent, except as otherwise permitted by administrative regulations; including at least a statement of whether the school will disclose personally identifiable information from the records to other school officials within the school who have been determined by the school to have legitimate educational interests, and, if so, a specification of the criteria for determining which parties are “school officials” and what the school considers to be a “legitimate educational interest”; and a specification of the personally identifiable information to be designated as directory information.

P5125(d)

Students

Student Records; Confidentiality (continued)

Maintaining the record of disclosures of personally identifiable information from a student's education records and permitting a parent to inspect that record.

Providing a parent/guardian with an opportunity to seek the correction of the student’s education records through a request to amend the records. If the District decides that an amendment of the records as requested is not warranted, to inform the parent/guardian or eligible student and advise him/her of the right to a hearing and permitting the parent/guardian or an eligible student to place a statement in the education records of the student.

Guaranteeing access to student records to authorized persons within five days following the date of request.

Assuring security of student records.

Enumerating and describing the student records maintained by the school system.

Annually informing parents under what conditions that their prior consent is not required to disclose information.

Ensuring the orderly retention and disposition, per applicable state statutes, of the districts student records.

Notifying parents of secondary school students that it is required to release the student’s name, address and telephone listing to military recruiters and institutions of higher learning upon request. Parents or eligible students may request that the District not release this information, and the District will comply with the request.

Notifying parents annually of the District’s policy on the collection or use of personal information collected from students for the purpose of marketing or selling that information or otherwise providing that information to others for that purpose, including arrangements to protect student privacy that are provided by the agency in the event of such collection, disclosure or use.

Legal Reference: Connecticut General Statutes

1-19(b)(11) Access to public records. Exempt records.

7-109 Destruction of documents.

10-15b Access of parent or guardians to student's records.

10-154a Professional communications between teacher or nurse & student.

P5125(e)

Students

Student Records; Confidentiality

Legal Reference: Connecticut General Statutes (continued)

10-209 Records not to be public.

10-221b Boards of education to establish written uniform policy re: treatment of recruiters.

11-8a Retention, destruction and transfer of documents

11-8b Transfer or disposal of public records. State Library Board to adopt regulations.

46b-56 (e) Access to Records of Minors.

Connecticut Public Records Administration Schedule V Disposition of Education Records (Revised 1983).

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General

Education Provisions Act, as amended, added by section 513 of P.L. 93568, codified at

20 U.S.C.1232g.).

Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA

enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g)parent and student

privacy and other rights with respect to educational records, as amended 11/21/96, and Final

Rule 34 CFR Part 99, December 9, 2008, December 2, 2011)

USA Patriot Act of 2001, PL 107-56, 115 Stat. 272, Sec 507, 18 U.S.C. §2332b(g)(5)(B) and

2331 Owasso Independent Sch. Dist. No.1-011 v. Falvo, 534 U.S.426 (2002)

P.L. 112-278 “The Uninterrupted Scholars Act”

R5125(a)

Students

Student Records; Confidentiality

Definitions

As used in this regulation:

“Student Record” means any item of information directly related to an identifiable student, other than directory information, which is maintained by the school district or required to be maintained by an employee in the performance of his/her duties whether recorded by handwriting, print, computer media, video or audio tape, film, microfilm and microfiche. Student records include information relative to an individual student gathered within or without the school system and maintained within the school district, regardless of the physical form in which it is maintained. Any information which is maintained for the purpose of review by a second party is considered a student record.

“Student Record” shall not include informal notes related to a student compiled by a school officer or employee which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute for the maker of the record. Employment records used only in relation to a student’s employment by the district are not considered student records. In addition student records do not include alumni records that contain information about the student after the student is no longer in attendance, records maintained by a law enforcement unit of an educational agency or institution that were created by that unit for the purpose of law enforcement or records of an eligible student that are maintained by a physician, psychologist, professional or paraprofessional made in connection with the treatment of the student and disclosed only to individuals providing such treatment.

“Substitute” means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of notes in his or her position. Medical records are not open to public inspection.

“Post-enrollment Records” means that records that pertain to an individual’s previous attendance as a student are “education records” under FERPA regardless of when they were created or received by the institution.

R5125(b)

Students

Student Records; Confidentiality

Definitions (continued)

A student’s Social Security Number or student ID number is prohibited from designation as directory information. However, student ID numbers and other electronic personal identifiers used to access or communicate in electronic systems may be disclosed only if the identifier is not used by itself to authenticate identity and cannot be used to gain access to education records.

“Parent” means a natural parent, an adopted parent, or legal guardian or an individual acting as a parent in the absence of a parent or guardian. If parents are divorced or legally separated, both the parent granted custody and the parent not granted custody have the legal right of access to the academic, medical, hospital or other health records of the child, unless a court order prohibits access.

Whenever a student has attained eighteen (18) years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents or guardian of the student shall thereafter only be required of, and accorded to, the student, unless parents of a student eighteen (18) years of age or older who is a dependent as defined in Section 152 of the Internal Revenue Code of 1956.

“School Official” means a person employed by the district as an administrator, supervisor, instructor or support staff member, including health or medical staff and law enforcement unit personnel, a person serving on the Board of Education, a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist), or a parent or student serving on an official committee such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks.

R5125(c)

Students

Student Records; Confidentiality

Definitions (continued)

“Disclosure” means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records, to any party, by any means including oral, written, or electronic means. It is also permitted to return an educational record to the provider or creator of the record, including the return of a questionable document to the purported sender for verification of information in the document.

“Personally Identifiable Information” includes but is not limited to the student’s name, the name of the student's parent or other family member, the address of the student or student’s family, a personal identifier such as the student’s Social Security Number or student number, or “biometric records” (a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual, including fingerprints, retina and iris patterns, voice prints, DNA sequence, facial characteristics and handwriting), a list of personal characteristics or indirect identifiers, such as the name of the student’s parent or other family members and the date and place of birth and mother’s maiden name, or other information that would allow a reasonable person in the school or community who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

“Record” means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm and microfiche.

“Access” means a personal inspection and review of a record or an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record and a request to release a copy of any record.

“Student” means a person who is or was enrolled in a school.

“Adult student” means a person who is or was enrolled in school and who is at least eighteen (18) years of age.

"Eligible Student” means a student or former student who has reached eighteen years (18) of age or who is attending an institution of post-secondary education or is an emancipated minor.

“Legitimate Education Interest” means the need for a school official to review an educational record in order to fulfill his/her professional responsibilities.

R5125(d)

Students

Student Records; Confidentiality

Definitions (continued)

“Signed and Dated Waiver Consent” means signed and dated written consent to disclose personally identifiable student information from a student’s records must specify the records to be disclosed, the purpose of disclosure and the party to whom such records should be provided. Consent may include a record and signature in electronic form provided that the consent identifies and authenticates a particular person as the source of consent.

Types of Records

The school district shall maintain only the following three categories of records:

“Mandatory Permanent Student Records” are those records which are maintained in perpetuity (at least 50 years) and which schools have been directed to compile by statute, regulation, or authorized administrative directive. Such records shall include the following:

Legal name of student, address, gender of student

Date of birth, place of birth

Method of verification of birth date

R5125(e)

Students

Student Records; Confidentiality

Types of Records (continued)

Name and address of parent of minor student

Address of minor student if different than the above

An annual verification of the name and address of the parent and the residence of the student

Entering and leaving date of each school year and for any summer session or other extra session

Subjects taken during each year, halfyear, summer session, or quarter

Academic achievement (grades, transcripts)

Level of academic achievement (class standing/academic level)

If marks or credit are given, the mark or number of credits toward graduation allowed for work taken

Verification or exemption from required immunizations

Date of high school graduation or equivalent

Student activities and significant awards

“Mandatory Interim Student Records” are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed as per statute, regulations (6 years following the student’s graduation, or the graduation of the class to which he/she belonged, after appropriate notification to parents and/or eligible students via media and an opportunity provided to copy said records), or authorized administrative directive. Such records include the following:

A log or record shall be maintained for each student's record which lists all persons, agencies or organizations requesting or receiving information from the record, and the legitimate interests therefore. (Exception from listing, see Access Log, #2.)

Health information, including Child Health Developmental Disabilities Prevention Program verification or waiver. (Comprehensive Health Record)

Participation in special education programs including required tests, case studies, authorizations, and actions necessary to establish eligibility for admission or discharge.

R5125(f)

Students

Student Records; Confidentiality

Types of Records (continued)

Language training records.

Progress slips and/or notices.

Parental restrictions regarding access to directory information or related stipulations.

Parent or adult student rejoinders to challenged records and to disciplinary action.

Parental authorizations or prohibitions of student participation in specific programs.

Results of standardized tests administered within the preceding three years.

Note: Disciplinary records of suspension and expulsion are subject to being expunged according to state and federal statutes.

“Permitted Records” are those records having clear importance only to the current educational process of the student. Such records may be destroyed after 6 years following the student’s graduation, or the graduation of the class to which he/she belonged, after appropriate notification to parents and/or eligible students via media and an opportunity provided to copy said records. Such records may include the following:

Objective counselor and/or teacher ratings

Standardized test results older than three years

Routine discipline data

Verified reports of relevant behavioral patterns

All disciplinary notices

Maintenance and Security of Student Records

Custodian of Records

The Superintendent of Schools is hereby designated as custodian of student records. The address of the custodian is 338 Main Street Winsted, CT 06098.

The custodian is charged with districtwide responsibility for implementing Board of Education policies and administrative regulations relating to student records.

R5125(g)

Students

Student Records; Confidentiality

Maintenance and Security of Student Records (continued)

Custodian of Records (continued)

The custodian shall be responsible for security of student records and shall devise procedures for assuring that access to such records is limited to authorized persons.

The custodian of records or a designated certified employee shall be responsible during the inspection for interpretation of the records where necessary and for prevention of their alteration, damage or loss.

In each school, the principal, or a certified employee designated by the principal, is responsible for implementation of Board of Education policies and administrative regulations relating to student records maintained in that school.

Files

A record for each individual student shall be maintained in a central file at the school attended by the student, or when records are maintained in different locations, a notation shall be placed in the central file indicating where such records may be found.

Student records shall be stored in locked containers (files) or rooms.

Information

All anecdotal information and assessment reports maintained as student records must be dated and signed by the individual who originated the record. Each school principal shall keep on file a record of enrollment and scholarship for each student currently enrolled in that school.

Access to Student Records

School Officials

School officials, as defined, have access to students’ educational records without consent, if the official has been determined to have a legitimate educational interest in the records. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

Contractors, consultants, volunteers, and other parties to whom a school has out sourced services or functions are considered “school officials” who may have access to student records, without parental consent, if the following conditions are met:

R5125(h)

Students

Student Records; Confidentiality

Access to Student Records (continued)

School Officials (continued)

The party is under the direct control of the school.

The party is subject to the same conditions governing the use and redisclosure of education records applicable to other school officials.

The contractor must ensure that only individuals with legitimate educational interests, as determined by the district or school, obtain access to the education records. The contractor may not re-disclosure personally identifiable information without consent unless the district or school has authorized the re-disclosure under a FERPA exception and the district or school records the subsequent disclosure.

The district or school may not disclose education records to an outside service provider unless it has specified in its annual FERPA notification to parents/students that it uses contractors, consultants, volunteers, as “school officials” to provide certain institutional services and functions.

In controlling access to education records by school officials and outside service providers, schools must:

Use “reasonable methods” to ensure an official is given access to only those education records, paper or electronic, in which the official has a legitimate educational interest.

Schools may use such methods as:

Physical controls such as locked filing cabinets;

Technological controls such as role-based access controls for electronic records;

Administrative policies, in lieu of physical or technological controls. Such policies must be effective in controlling access.

(It is recommended that access to education records by school officials be tracked.)

R5125(i)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Parents

Parents of currently enrolled or former students shall have an absolute right during regular business hours to access to any and all student records related to their children which are maintained by the district. Neither the student record, nor any part thereof, shall be withheld or edited. If the student records contain information on more than one student, the parent may inspect and review or be informed of only the specific information which pertains to that student.

A parent or guardian’s request for access to student records shall be made in writing to the custodian of student records. Access shall be granted no later than forty-five (45) days following the date of the request.

A requesting parent shall be notified of the location of all student records, if not centrally located.

When a parent’s dominant language is not English, the district shall make an effort to

provide interpretation of the student record in the dominant language of the parent, or

assist the parent in securing an interpreter.

Parental Consent

The custodian of student records may permit access to student records during regular school hours (a) to any person for whom a student’s parent has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released; or (b) to the student if he/she is an eligible student, or has entered a post secondary educational institution.

The recipient must be notified that the transmission of the information to others without the written consent of the parent is prohibited.

The consent notices shall be kept permanently with the student record.

Upon request, the district shall provide the parent/eligible student with a copy of the record which is disclosed. (34 CFR 9910, Rights of Inspection and Review)

R5125(j)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Without Parental Consent

No person or agent shall be permitted access to student records without written parental consent or under judicial order, except that access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:

Officials and employees of other public schools or school districts, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided, where the student intends to or is directed to enroll. The authority of the district or school to transfer education records to a student’s new school continues after actual enrollment so long as the disclosure is in connection with the student’s enrollment. This ensures that a school may supplement, update, or correct records sent during the student’s application or transfer period. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Note: Section 504 and Title II of the ADFA generally prohibits post-secondary institutions from making pre-admission inquiries about an applicant’s disability status. However, after admission, such institutions may request such information concerning a current student.

Authorized representatives of the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, State Education Officials, or their respective designees, or the United States Office for Civil Rights where such information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law; provided that except when collection of personally identifiable information is specifically authorized by federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students or their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of federal legal requirements.

The U.S. Attorney General or his/her designee in response to a court issued ex parte order, under the USA Patriot Act, in connection with the investigation or persecution of an offense listed in U.S.C. 2332b(g)5(B) or an act of domestic or international terrorism crimes. The District, in response to such an order, is not required to record a disclosure of information, nor acquire consent or notice to the parent or student.

R5125(k)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Without Parental Consent (continued)

Other state and local officials to the extent that such information is specifically required to be reported pursuant to state law.

Parents of a student eighteen (18) years of age or older who is a dependent as defined in Section 152 of the Internal Revenue Code of 1954.

Schools may disclose information received under a community notification program concerning a student who is required to register as a sex offender in the State.

Child welfare agencies that are legally responsible for the care and protection of students, including the educational stability of children in foster care.

Information from student records may be released to the following:

Appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of other persons. The factors to be considered in determining whether information may be disclosed include the seriousness of the threat to the health or safety of the student or other individuals, the need for the information to meet the emergency, whether the parties to whom the information is disclosed are in a position to deal with the emergency, and the extent to which time is of the essence in dealing with the emergency. 34 CFR 99.36, Conditions for disclosure of information in health and safety emergencies.

Agencies or organizations in connection with a student’s application form or receipt of financial aid, provided that information permitting the personal identification of students or their parents may be disclosed only as may be necessary for such purposes as to determine the amount of the financial aid, to determine the conditions which will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.

Accrediting organizations in order to carry out their accrediting functions.

Organizations conducting studies for or on behalf of state educational agencies and state higher education authorities, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted.

R5125(l)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Without Parental Consent (continued)

Such disclosure is subject to the following FERPA requirements:

The school does not have to initiate the research request or agree with or endorse the conclusion or results of the study.

The school must agree with the purposes of the study and retain control over information from the education records it discloses.

The school must have a written agreement with the receiving organization that:

Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed.

Requires the organization to use the information from education records only to meet the purpose or purposes of the study stated in the agreement.

Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests.

Requires the organization to destroy or return all personally identifiable information when no longer needed for purposes of the study.

Specifies the time period in which the information must be returned or destroyed.

Note: It is recommended that whenever possible agencies and institutions either release de-identified information or remove student’s names and Social Security Numbers to reduce the risk of unauthorized disclosure of personally identifiable information.

Officials and employees of private schools or school districts where the student is enrolled or intends to enroll subject to the rights of parents by law.

An agency caseworker or other representative of a State or local child welfare agency, or tribal organization who has the right to access a student’s case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the education needs of the students and authorized by such agency or organization to receive such disclosure.

R5125(m)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Without Parental Consent (continued)

No person, persons, agency, or organization permitted access to student records pursuant to this regulation shall permit access to any information obtained from such records by any other person, persons, agency or organization without the written consent of the student's parent; provided, however, that this paragraph shall not be construed to require prior parental consent when information obtained pursuant to this regulation is shared with other persons within the district so long as such persons have an equal legitimate interest in the information.

Education records may be released without consent if all personally identifiable information has been removed. The district must reach a “reasonable determination” that a student’s identity is not personally identifiable because of unique patterns of information about that student, whether through single or multiple releases, taking into account other reasonably available information. Also, de-identified student level data may be released for the purpose of educational research by attaching a code to each record. It may be necessary to look to local news, events, and media coverage in the “school community” in determining, in a highly publicized incident, whether other information would make a particular record personally identifiable even if all direct identifiers have been removed.

Court Order

Information concerning a student shall be furnished in compliance with a court order.

Unless otherwise judicially instructed, the custodian shall, prior to the disclosure of any student's records pursuant to a court order, give the parent and the student three days notice, if lawfully possible, within the requirements of the judicial order, of the name of the requesting agency and the specific records requested. Such notice shall be in writing if possible.

Only those records related to the specific purpose of the court order shall be disclosed.

When a parent is a party to a court proceeding involving child abuse or neglect, or dependency matters, and a judicial order is issued in the context of that proceeding, or pursuant to a lawfully issued subpoena, additional notice to the parent by the educational agency or institution is not required pertaining to the disclosure of the records.

R5125(n)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Court Order (continued)

The service of a subpoena upon a district employee or official solely for the purpose of causing the employee to produce a school record pertaining to any student may be complied with by such employee, in lieu of personal appearance as witness in the proceeding, by submitting to the court, or other agency issuing the subpoena, at the time and place required by the subpoena, a copy of such record, accompanied by an affidavit certifying that such copy is a true copy of the original record on file in the school or school office. The copy of the record shall be in the form of a photograph, microfilm, micro card, or miniature photograph or other photographic copy or reproduction or an enlargement thereof.

Nothing in this regulation shall preclude the district from providing in its discretion statistical data from which no student may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of students.

If it is determined, per the federal regulations, that a third party improperly redisclosed personally identifiable information from education records in violation of Section 99.33(a), of FERPA Regulations, the district may not allow that third party access to personally identifiable information from education records for at least five years.

Disclosure to Parents of “Eligible Students” and Rights of Students

Rights of parents under FERPA transfer to students once the student has reached 18 years of age or is attending a post secondary institution and thereby becomes an “eligible student.”

Disclosure to parents without student consent after FERPA rights have transferred to students is permitted under the following circumstances:

The student is a dependent for Federal income tax purposes.

The disclosure is in connection with a health or safety emergency; i.e. knowledge of the information is necessary to protect the health or safety of other individuals.

The student has violated a law or the school’s rules or policies governing alcohol or substance abuse.

R5125(o)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Disclosure of Information in Health and Safety Emergencies (Also see section above)

The district may include in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.

Such appropriate information concerning disciplinary action may be disclosed to teachers and school officials in the district who have been determined to have legitimate educational interests in the behavior of the student. This must be strictly construed.

Such appropriate information, concerning disciplinary action, may be disclosed to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student.

In making a determination, the district or school must take into account the totality of the circumstances pertaining to a threat to the safety or health of the student or other individuals. If a school determines that there is an articulable and significant threat to the safety or health of a student or other individuals, it may disclose information from education records to appropriate parties whose knowledge of the information is necessary to protect the health and safety of the student or other individuals.

The district or school is required to record the articulable and significant threat that formed the basis for the disclosure and the parties to whom the information was disclosed. “Appropriate parties” include the parents of an eligible student.

Pursuant to C.G.S. 19a-581 through 19a-585, confidential information concerning HIV status may not be released to anyone EXCEPT a health care provider with a written release from the parents.

Redisclosure of Educational Records

Federal and State officials that receive education records for audits, evaluation, and compliance and enforcement purposes may redisclose such records under the same conditions that apply to other recipients of education records.

A state educational agency that received records for audit, evaluation or compliance or enforcement purposes may redisclose records for other qualifying purposes, such as:

Forwarding records to a student’s new school district;

Forwarding records to another listed official, including the Education Secretary or a post secondary authority;

Forwarding to an accrediting agency; or

In connection with a health or safety emergency.

R5125(p)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Criteria

“School officials and employees” as used in this regulation means district employees and elected district officers, and other parties as defined in this regulation.

The following criteria shall be used in determining whether a “school official or employee” has a “legitimate educational interest”.

The employee has an instructional or supervisory responsibility toward the student that, in order to be fulfilled, requires knowledge of the contents of the student's records.

The employee has an administrative duty that requires information contained in the student's records.

The school official is engaged in a disciplinary proceeding that requires disclosure of all or part of the student's records in order to come to a just conclusion. (Or criteria can be defined by school district)

The district and/or school shall use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom they disclose education records. The district and its schools may use PINS, passwords, personal security questions, “smart cards” and tokens, biometric indicators, or other factors known or possessed only by the user, as appropriate. Identification means determining who is the intended or authorized recipient of the information. Authentication means ensuring that the recipient is who he/she claims to be.

Challenging Contents of Records

Following an inspection and review of a student’s records the parent or guardian of the student or former student may challenge the content of any student record.

The parent or eligible student may file a written request with the Superintendent of Schools to correct or remove any information recorded in the written records concerning the parent’s child which the parent alleges to be:

Inaccurate, misleading or in violation of the student’s rights of privacy.

An unsubstantiated personal conclusion or inference.

R5125(q)

Students

Student Records; Confidentiality

Challenging Contents of Records (continued)

A conclusion or inference outside of the observer’s area of competence.

Not based on the personal observation of a named person with the time and place of the observation noted.

Within 30 days of receipt of such request, the Superintendent or designee shall meet with the parent or guardian and the certified employee who recorded the information in question, if any, and if such employee is presently employed by the school district.

The information shall be corrected or removed if the Superintendent sustains any or all of the allegations.

If the Superintendent denies any or all of the allegations and refuses to order the correction or the removal of the information, the parent or guardian may, within 30 days of the refusal, appeal the decision in writing to the Board of Education.

Within 30 days of receipt of such an appeal, the Board of Education shall, in closed session with the parent or guardian and the certified employee who recorded the information in question, if any, and if such employee is presently employed by the district, determine whether or not to sustain or deny the allegations. The decision of the Board of Education shall be final.

If the Board of Education sustains any or all of the allegations, it shall order the Superintendent to immediately correct or remove and destroy the information from the student’s written records.

Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the Board of Education unless the parent or guardian initiates legal proceedings relative to the disputed information within the prescribed period.

If the final decision of the Board of Education is unfavorable to the parent or guardian, or if the parent or guardian accepts an unfavorable decision by the Superintendent, the parent or guardian shall have the right to submit a written statement of his/her objections to the information. This statement shall become a part of the student’s school record until such time as the information objected to is corrected or removed.

R5125(r)

Students

Student Records; Confidentiality

Challenging Contents of Records (continued)

Hearing Panel

Either the Superintendent of Schools or the Board of Education may convene a hearing panel upon written request of a parent or eligible student. The hearing shall be provided to afford the opportunity to challenge the content of a student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or otherwise in violation of the privacy rights of the students. The hearing panel shall be composed of the following persons, provided the parent has given written consent to release information from the relevant student’s records to the members of the panel so convened, to assist in making determinations;

The principal of a public school other than the one at which the record is on file.

A certified employee appointed by the parent or guardian.

A parent appointed by the Superintendent or by the Board of Education, depending upon who convenes the panel.

Alternate: The hearing will be conducted by a person or persons appointed by the Superintendent of Schools. This person(s) shall be knowledgeable of the policies relating to confidentiality and shall not have a direct interest in the outcome of the hearing.

The persons appointed pursuant to the above paragraph, if possible, shall not be acquainted with the student, his/her parent or guardian, or the certified employee who recorded the information, except when the parent or guardian appoints the person pursuant to paragraph a (2) above.

The Principal appointed to the hearing panel shall serve as Chairperson.

The hearing panel shall, in closed session, hear the objections to the information of the parent and the testimony of the certified employee who recorded the information in question, if any, and if such employee is currently employed by the school system. The parent or eligible student and the school system shall have the right to be represented by person(s) of their choosing at their own expense, to cross examine witnesses, to present evidence and to receive a written decision of the hearing.

The hearing panel shall be provided with verbatim copies of the information which is the subject of the controversy.

Written findings shall be made setting forth the facts and decisions of the panel, and such findings within a reasonable period of time after the hearing shall be forwarded to the Superintendent or the Board of Education, depending upon who convened the panel.

R5125(s)

Students

Student Records; Confidentiality

Challenging Contents of Records (continued)

If, after the hearing, the District does not make the requested change, the parent or eligible student shall be informed of his/her right to place a statement on the record commenting on the information or stating why he/she disagrees with the record. Whenever the District discloses the record to third parties, any such statement by the parent or eligible students must also be disclosed. (34 C.F.R. §99.21)

The proceedings of the hearing shall not be disclosed or discussed by panel members except in their official capacities.

Whenever there is included in any student record information concerning any disciplinary action taken by school system personnel in connection with the student, the student’s parent or guardian may include in such student’s record a written statement or response concerning the disciplinary action.

Directory Information

The following student information is declared to be directory information:

Name

Address

Telephone number

Date and place of birth

Major field of study

Participation in officially recognized activities and sports

Weight and height of members of athletic teams

Dates of attendance

E-mail address

Parent’s name/e-mail address

Degrees and awards received, including honor roll publication

Most recent previous public or private school attended by the student

Note: FERPA regulations prohibits the use of a Social Security Number (SSN) as an identification element when disclosing or confirming directory information unless the student has provided written consent for the disclosure.

Directory information may be released to the following:

Federal, state and local governmental agencies

Representatives of the news media, including but not limited to newspapers, magazines and radio and television stations

Employers or prospective employers

R5125(t)

Students

Student Records; Confidentiality

Directory Information (continued)

Nonprofit youth organizations

Military recruiters or institutions of higher learning that have requested the names, addresses, and telephone numbers of secondary school students unless parental consent is denied.

Subject to the provisions of C.G.S. 119(b11), high schools shall provide the same directory information and oncampus recruiting opportunities to military recruiters as are offered to nonmilitary recruiters or commercial concerns. (cf. 5145.14 OnCampus Recruitment).

No information may be released to a private profitmaking entity other than employers, prospective employers and representatives of the news media.

The names and addresses of students enrolled in grade 12 or who have terminated enrollment prior to graduation may be provided, in accordance with the terms of the law, to a private school or college cooperating under state law.

The custodian of records will normally limit or deny the release of specific categories of directory information unless he determines that such release is required by law or is in the best interests of students.

Notice shall be given annually of the categories of information which the school district plans to release and of the recipients.

The school shall allow a reasonable period of time after such notice has been given for a parent or guardian to inform the custodian of student records that any or all of the information designated should not be released without the parent's or guardian's prior consent.

No directory information shall be released regarding any student when a parent or guardian has notified the school that such information shall not be released.

Disclosure of directory information on former students is permitted without providing notice or additional opt-out opportunities. A former student’s opt-out provided while he/she was a student in the district must continue to be honored unless specifically rescinded by the former student.

Opt-out from directory information does not prevent a school from identifying a student by name or from disclosing an electronic identifier or instructional e-mail address in the classroom. A student does not have the right to remain anonymous in class and an opt-out may not be used to impede routine classroom communications and interactions, whether the class is held in a specified physical location or online through electronic communications.

R5125(u)

Students

Student Records; Confidentiality

Directory Information (continued)

Note: A district may adopt and implement a limited directory information policy that allows for the disclosure of directory information to specific parties, for specific purposes, or both. Such a policy must be specified in the public notice to parents/guardians and eligible students. The District must then limit directory information disclosures to those specified in the public notice.

Alternate: Limited Disclosure of Directory Information

The District limits its disclosure of directory information to the following, without prior written consent of parent/guardian or eligible student unless the District has been advised to the contrary:

Military recruiters or institutions of higher learning. Such disclosure is limited to the student’s name, address and telephone listing.

Companies that manufacture class rings.

Companies that publish yearbooks.

4. Playbills showing a student’s role in a drama or vocal production.

5. Honor roll or other recognition lists.

6. Graduation programs.

7. Sports activity sheets.

Other:__________________________________________

Access Log

1. A log or record shall be maintained for each student's record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate educational interests.

2. Such listing need not include the following:

A. Parents or students to whom access is granted.

B. Parties to whom directory information is released.

C. Parties for whom written consent has been executed by the parent or guardian.

D. School officials or employees having a legitimate educational interest.

3. The log or record shall be open to inspection only by a parent or guardian and the custodian of student records, or the custodian’s designee, and to other school officials with legitimate interests in the records, and to the Comptroller General of the United States, the Secretary of the Office of Education, an administrative head of an education agency as defined in 20 U.S.C. 1232g., and state educational authorities as a means of auditing the school system’s operations.

R5125(v)

Students

Student Records; Confidentiality (continued)

Fee for Reproducing Records

1. A fee based upon the actual cost of reproduction, handling and postage (if any) shall be charged for furnishing copies of any student record.

2. The custodian of student records annually shall recommend a fee schedule for approval by the Board of Education.

3. No fee shall

A. effectively prevent the parents or guardians from exercising their right to inspect and review student records.

B. be charged for searching or retrieving a student’s record.

C. be made for furnishing

(1) up to two transcripts of former student’s records.

(2) up to two verifications of various records of former students.

Transfer of Student Records

1. Whenever a student transfers to another Connecticut public school district or to a charter school, the following student records shall be forwarded upon written notification of the student’s enrollment from the other district:

A. The student’s Mandatory Permanent Student Record or a copy thereof. The original or a copy shall be retained by this district.

B. The student’s entire Mandatory Interim Student Record.

2. The student’s records shall be transferred to the new school district or charter school no later than 10 days after receipt of such notification.

3. Whenever a student transfers to a school district in another state or to a private school, the district shall transfer the student’s Mandatory Permanent Student Record upon receipt of a written request.

4. Permitted student records may be forwarded.

5. Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or the student’s parents or guardian.

6. All student records shall be updated prior to transfer.

R5125(w)

Students

Student Records; Confidentiality

Transfer of Student Records (continued)

7. Parent Notification

A. If a student’s parent or guardian did not give authorization for the transfer of such records, the district shall send notification of the transfer to the parent/guardian at the same time it transfers the records.

B. If the transfer is a within-state transfer, the receiving school shall notify the parents of the record transfer.

C. If the student transfers out of state, the custodian of student records shall notify the parents or guardian at their last known address of the rights accorded them. (34 C.F.R. 99.34 disclosure to other agencies or institutions)

D. The notification shall include a statement of the parent’s or guardian’s right to review, challenge, and receive a copy of the student record, if desired.

Expungement of Records Pertaining to Suspension and/or Expulsion

1. Suspension

Notice of the suspension shall be recorded in the student’s cumulative educational record. Such notice shall be expunged from the cumulative educational record if the student graduates from high school. In cases where the student’s period of suspension is shortened or waived as permitted by Statute, the administration may choose to expunge the suspension notice from the cumulative record at the time the student completes the administration-specified program and meets any other conditions required by the administration.

If the student has not previously been suspended or expelled, and the administration chooses to expunge the suspension notice from the student’s cumulative recorded prior to graduation, the administration may refer to the existence of the expunged disciplinary notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspensions or expulsions by the student would constitute the student’s first such offense.

R5125(x)

Students

Student Records; Confidentiality

Expungement of Records Pertaining to Suspension and/or Expulsion (continued)

2. Notice of Student Expulsion on Cumulative Record

Notice of expulsion and the conduct for which the student was expelled shall be included on the student’s cumulative educational record. Such notice, except for notice of an expulsion based upon possession of a firearm or deadly weapon, shall be expunged from the cumulative educational record by the Board if the student graduates from high school.

In cases where the student’s period of expulsion is shortened or waived as permitted by Statute, the Board may choose to expunge the expulsion notice from the cumulative record at the time the student completes the Board-specified program and meets any other conditions required by the Board.

If the student has not previously been suspended or expelled, and the administration chooses to expunge the expulsion notice from the student’s cumulative record prior to graduation, the administration may refer to the existence of the expunged notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspension or expulsion by the student would constitute the student’s first such offense.

Retention and Destruction of Student Records

1. No additions, except routine updating, shall be made to a student’s record after high school graduation or permanent departure without the parent’s or guardian’s prior consent for those students who have not reached the age of eighteen years. Adult students may give consent for themselves.

2. The guide to disposal of municipal records in Connecticut is found in Connecticut General Statutes Section 7109. For disposal of education records, see Schedule V of “Records Retention Schedules 1982” (Revised 1983) published by the Public Records Administration, Connecticut State Library, Hartford, Connecticut.

3. The method of destruction shall assure that records are not available to possible public inspection during the destruction process.

Subpoenaed Records

If the school is served with a subpoena issued by competent authority directing the production of school or student records in connection with any court proceeding, the school upon which such subpoena is served may deliver such record, or at its option a copy thereof, to the clerk of such court. Such clerk shall give a receipt for the same and shall be responsible for the safekeeping of such records, not permitting the removal of such records from the premises of the court. The clerk shall notify the school to call for the subpoenaed record when it is no longer needed for use in court. Any such record so delivered to the clerk of the court shall be sealed in an envelope which shall indicate the name of the school or student, the name of the attorney subpoenaing the same and the title of the case referred to in the subpoena.

R5125(y)

Students

Student Records; Confidentiality

Subpoenaed Records (continued)

No such record or copy shall be open to inspection by any person except upon the order of a judge of the court concerned, and any such record or copy shall at all times be subject to the order of such judge.

Any and all parts of any such record or copy, if not otherwise inadmissible, shall be admitted in evidence without any preliminary testimony, if there is attached thereto the certification in affidavit form of the person in charge of such record indicating that such record or copy is the original record or copy thereof, made in the regular course of such business to make such record and that it was the regular course of such business to make such record at the time of the transactions, occurrences or events recorded therein or within a reasonable time thereafter.

A subpoena directing production of such school or student records shall be served not less than eighteen (18) hours before the time for production, provided such subpoena shall be valid if served less than eighteen (18) hours before the time of production if written notice of intent to serve such subpoena has been delivered to the person in charge of such records not less than eighteen hours (18) nor more than two weeks before such time for production.

Notification of Parents

1. Parents shall be notified in writing of their rights under this regulation upon the date of the student's initial enrollment, and annually thereafter of students current attendance at the same time as notice is issued. The notice shall be in a form which reasonably notifies parents of the availability of the following specific information:

A. The type of student records and information contained therein which are directly related to students and maintained by the school system.

B. The position of the person responsible for the maintenance of each type of record.

C. The location of the log or record required to be maintained.

D. The criteria to be used by the school district in defining “school officials and employees” and in determining “legitimate educational interest.”

E. The policies of the school district for reviewing and expunging student records, including the right to inspect and review the student’s education records within 45 days of the day the school district receives a request. If circumstances effectively present the parent or eligible student from exercising the right to inspect and review the student’s education records, the district shall provide a copy of the records requested or make other arrangements for the inspection or review of the requested records.

F. The right of the parent or guardian to access (inspect and review) to student records.

R5125(z)

Students

Student Records; Confidentiality

Notification of Parents

G. The right to request the amendment of student education records that the parent or eligible student believes are inaccurate or misleading.

H. The procedures for challenging the content of student records.

I. The policy that no fee will be charged for up to two copies of a record.

J. The categories of information which the school district has designated as directory information and that pursuant to federal law, military recruiters and institutions of higher learning may request and receive names, addresses and telephone numbers of all high school students, unless their parents/guardians notify the school, in writing, not to release this information.

K. The right of the parent to file a complaint with the United States Department of Education concerning an alleged failure by the school system to comply with the provisions of Section 438 of the Federal Education Provisions Act (20 U.S.C.A. 1232g).

L. The right of a parent or eligible student to a hearing regarding the request for amendment of the record if denied by the district.

M. The right to consent to disclosures of personally identifiable information contained in the student education record, except to the extent that FERPA authorizes disclosure without consent.

Issue/Practice of Peer Grading

The definition of “education records” excludes grades on peer-graded papers before they are collected and recorded by a teacher. Peer-grading does not violate FERPA.

Legal Reference: Connecticut General Statutes

1-19(b)(11) Access to public records. Exempt records.

7-109 Destruction of documents

10-15b Access of parent or guardian to student's records.

10-94i Rights and liabilities of surrogate parents.

10-154a Professional communications between teacher or nurse and student.

10-209 Records not to be public.

10-221b Boards of education to establish written uniform policy re treatment of recruiters.

R5125(aa)

Students

Student Records; Confidentiality

11-8a Retention, destruction and transfer of documents

11-8b Transfer or disposal of public records. State Library Board to adopt regulations.

46b-56(e) Access to records of minors.

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g and Final Rule 34 CFR Part 99, December 9, 2008)

Connecticut Public Records Administration Schedule V - Disposition of Education Records (Revised 1983).

USA Patriot Act of 2001, PL 107-56, 115 Stat. 272, Sec 507, 18 U.S.C. §2332b(g)(5)(B) and

P.L. 112-278 “The Uninterrupted Scholars Act”

Owasso Independent Sch. Dist. No.1-011 v. Falvo, 534 U.S.426 (2002)

FORM #1

NOTIFICATION OF RIGHTS UNDER FERPA

WINCHESTER PUBLIC SCHOOLS

Winsted, Connecticut

Dear Parent or Student:

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:

1. The right to inspect and review the student’s education records within 45 days of the day the District receives a request for access.

Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal/school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

2. The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

Parents or eligible students may ask the District to amend a record that they believe is inaccurate. They should write the school principal or appropriate school official, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading, or otherwise violates the student’s privacy rights.

If the District decides not to amend the record as requested by the parent or eligible student, the District will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

3. The right to provide written consent before District disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

5125

FORM #1

(continued)

NOTIFICATION OF RIGHTS UNDER FERPA

One exception which permits disclosure without consent is disclosure to school officials, including teachers within the District, with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); or a person serving on the Board of Education. A school official may also include a volunteer or contractor outside of the District who performs an institutional service or function for which the District would otherwise use its own employees and who is under the direct control of the District with respect to the use and maintenance of personally identifiable information from education records. This includes a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); a parent of student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

The party is under the direct control of the school.
The party is subject to the same conditions governing the use and redisclosure of education records applicable to other school officials.
The contractor must ensure that only individuals with legitimate educational interests, as determined by the district or school, obtain access to the education records. The contractor may not redisclosure personally identifiable information without consent unless the District or school has authorized the redisclosure under a FERPA exception and the district or school records the subsequent disclosure.

Upon request, the District will disclose a student’s education record without consent to officials of another school district or charter school or institution of postsecondary education in which the student seeks or intends to enroll or where the student is already enrolled, if the disclosure is for purposes related to the student’s enrollment or transfer. (Note: FERPA requires a school district to make a reasonable attempt to notify the student of the records request unless it states in its annual notification that it intends to forward records on request.)

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Office of the Chief Privacy Officer (OCPO)

U.S. Department of Education

400 Maryland Avenue

SW Washington DC 20202-4605

5125

FORM #1

(continued)

NOTIFICATION OF RIGHTS UNDER FERPA

Note: In addition, a school may want to include its directory notice as required by FERPA regulations with its annual notification of rights under FERPA. Such a notice is provided in item #5. Be sure that which is listed as “Directory Information” in this notification agrees with what the district has designated as “Directory Information.”

5.The District has determined that the following information regarding the District’s students is not harmful or an invasion of privacy, and therefore will release this information without first obtaining parental consent. If a parent, guardian, person acting as a student’s parent in the absence of a parent or guardian, or the student (if 18 or older), does not want the District to release the information listed below, they must notify the District in writing within two weeks of receiving this notice of the information they do not want released.

The following information may be released without obtaining parental consent:

Student’s name, parent’s name, address, telephone number, electronic mail address, date and place of birth, grade level, major field of study, enrollment status (full-time or part-time), participation in officially recognized activities and sports including audiovisual or photographic records of the openly visible, activities thereof (e.g. artistic performances sporting contests, assemblies, service projects, awards ceremonies, etc.), weight and height of members of athletic teams, dates of attendance, degrees, honors and awards received, most recent previous school attended and photographs of regular school activities that do not disclose specific academic information about the child and/or would not be considered harmful or an invasion of privacy.

A student’s ID number or otherwise unique personal identifier displayed on a student ID badge is considered directory information, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticates the user’s identity, such as a PIN, password, or other factors known only to the authorized user.

6. Pursuant to federal law, military recruiters and institutions of higher learning may request and receive the names, addresses and telephone numbers of all high school students, unless their parents or guardians notify the school not to release this information. Please notify the District in writing if you do not want this information released.

7. Personally identifiable information in the student’s records may be released to authorized representatives of the Attorney General of the United States, the U.S. Secretary of Education, or State and local educational authorities such as the Connecticut Department of Education in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs, and to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.

5125

FORM #1

(continued)

NOTIFICATION OF RIGHTS UNDER FERPA

8. Schools may release information received under a community notification program concerning a student who is required to register as a sex offender in the State, with consent.

9. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent/guardian or eligible student, FERPA regulations require the District to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures.

10. Information may be disclosed from the education records of a student without obtaining prior written consent of the parents or the eligible student in the following situations:

a. In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.

b. To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released.

c. To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.

d. To accrediting organizations to carry out their accrediting functions.

e. To parents of an eligible student if the student is a dependent for IRS tax purposes.

f. To comply with a judicial order or lawfully issued subpoena.

g. To appropriate officials in connection with a health or safety emergency.

h. Information the school has designated as “directory information.”

i. To child welfare agencies, or tribal organizations that are legally responsible for the care and protection of students, including the educational stability of children in foster care.

5125

FORM #2

NOTIFICATION OF RELEASE OF STUDENT RECORDS

PURSUANT TO COURT ORDER OR SUBPOENA

Winchester Public Schools

Winsted, Connecticut

TO:

Parent - Student:

Address:

The purpose of this notice is to notify you that on (date), the Winchester Public Schools released the following documents:

from your child's (your own) student records to:

pursuant to a court order or subpoena, a copy of which is attached hereto.

DATED:

Note: When a parent is a party to a court proceeding involving child abuse or neglect, or dependency matters, and a judicial order is issued in the context of that proceeding, or pursuant to a lawfully issued subpoena, additional notice to the parent by the educational agency or institution is not required pertaining to the disclosure of the records.

5125

FORM #3

APPLICATION TO REVIEW STUDENT'S RECORDS

AND CONSENT THERETO BY PARENT OR STUDENT

Winchester Public Schools

Winsted, Connecticut

I, have hereby requested access to following reasons:

Said records will not be made available to any other person or persons without the specific written consent of (Parent-Student)

DATED:

CONSENT

I hereby consent that have access to my child's (to my) records with the understanding that such records will not be released by him/her to other persons without my further consent.

DATED:

5125

FORM #4

APPLICATION TO REVIEW STUDENT'S RECORDS

BY PARTIES ENTITLED THERETO

WITHOUT CONSENT BY PARENT OR STUDENT

Winchester Public Schools

Winsted, Connecticut

I, have hereby requested access to

records for the following reasons:

Said records will not be made available to any other person or persons without the specific written consent of (Parent-Student)

DATED:

5125

Form #5

WINCHESTER PUBLIC SCHOOLS

Winsted, Connecticut

RELEASE OF CONFIDENTIAL HIV-RELATED INFORMATION

I hereby authorize _________________________________________ to release

[name of individual who holds the information]

confidential HIV-related information, as defined in Connecticut General Statute §19a-581, concerning ________________________________________ to the following personnel:

[name of protected individual]

1. School Nurse

2. School Administrator(s)

a.__________________________________

b.__________________________________

3. Student’s Teacher(s)

a.___________________________________

b.___________________________________

4. Paraprofessional(s)

5. Director of Pupil Personnel Services

6. Other(s)

a.____________________________________

b.____________________________________

This authorization shall be valid for:

1. ☐The student’s stay at ____________________________ School

2. ☐The current school year

3. ☐Other ____________________________ (specify period)

I provide this information based on my responsibility to consent for the health care of __________________________________________. I understand that such information shall be held confidential by the persons authorized here to receive such information, except as otherwise provided by law.

____________________________________
Name

____________________________________
Relationship to Student

____________________________________
Date

5125.11 Health / Medical Records

Health / Medical Records

When applicable, District schools will comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to maintain the privacy of protected health information that it receives, obtains, transmits or sends. The Board of Education designates the Director of Support Services as its HIPAA Privacy Officer.

Student education records, including personally identifiable health information, maintained by the District is subject to and protected by the Family Educational Rights and Privacy Act (FERPA). Both the United States Department of Health and Human Services and the United States Department of Education Family Policy Compliance Office have stated that student records under FERPA are not subject to HIPAA. Therefore, District schools will comply with FERPA’s confidentiality provisions rather than HIPAA’s.

The District will seek Medicaid eligibility information to determine if services to a student may be billed. Bills will be processed electronically for Medicaid reimbursement for qualified services to eligible special education students. The District will comply with HIPAA’s electronic transactions requirements. Procedures and safeguards will be developed to protect the privacy of health information and prevent wrongful user and disclosure. At a minimum, the policy and procedure for student records will comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) with assurances that the District has obtained authorization from the parent or adult student prior to the release of protected health information for the purpose of Medicaid billing. Individuals involved in the Medicaid billing process for the District shall be trained on the privacy procedures. Discipline shall be imposed, up to and including discharge, for staff that wrongfully uses or discloses protected health information.

(cf. 3231 – Medical Reimbursement for Special Education Students)

(cf. 5125 – Student Records; Confidentiality)

Legal Reference: Connecticut General Statutes

1-19(b)(11) Access to public records. Exempt records.

10-15b Access of parent or guardians to student's records.

10-154a Professional communications between teacher or nurse & student.

10-209 Records not to be public

46b-56 (e) Access to Records of Minors.

Connecticut Public Records Administration Schedule V Disposition of Education Records

(Revised 1983).

Health / Medical Records

Legal References:

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C.1232g.).

Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g)parent and student privacy and other rights with respect to educational records, as amended 11/21/96.

USA Patriot Act of 2001, PL 107-56, 115 Stat. 272, Sec 507, 18 U.S.C. §2332b(g)(5)(B) and 233

42 U.S.C. 1320d-1320d-8, P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

65 Fed. Reg. 50312-50372

65 Fed. Reg. 92462-82829

63 Fed. Reg. 43242-4328

67 Fed. Reg. 53182-53273

5125.11

Form #1

HIPAA-COMPLIANT AUTHORIZATION FOR

RELEASE OF HEALTH INFORMATION

Patient/Student Name: ________________________ Date of Birth: _____________________

I hereby authorize __________________________________________________ [insert health care provider name, address and telephone] to release my/my child’s health information/records for the purpose listed below to:

Superintendent of Schools
Winchester Public Schools
338 Main Street
PO Box 648
Winsted, CT 06098
860-379-0706

Description:

The information to be disclosed consists of:

Purpose:

This information will be used for the following purpose(s):

Authorization

This authorization is valid for one calendar year. It will expire on _____________. I understand that I may revoke this authorization at any time by submitting written notice of the withdrawal of my consent. I recognize that these records, once received by the school district, may not be protected by the HIPAA Privacy Rule, but will become education records protected by the Family Educational Rights and Privacy Act. I also understand that if I refuse to sign, such refusal will not interfere with my child’s ability to obtain health care.

____________________________________________ ________________________

Parent Signature Date

____________________________________________ ________________________

Student Signature* Date

*If a minor student is authorized to consent to health care without parental consent under federal or state law, only the student shall sign this authorization form. In Connecticut, a competent minor, depending on age, can consent to outpatient mental health care, alcohol and drug abuse treatment, testing for HIV/AIDS, and reproductive health care services.

Copies: Parent or student*

Physician or other health care provider releasing the protected health information

School official requesting/receiving the protected health information

Developed collaboratively with CT State Department of Education &

CT Chapter, American Academy of Pediatrics

5125.11

Form #2

HIPAA-COMPLIANT AUTHORIZATION FOR

RELEASE OF HEALTH INFORMATION

Patient/Student Name: _______________________ Date of Birth: __________________

Superintendent of Schools
Winchester Public Schools
338 Main Street
PO Box 648
Winsted, CT 06098
860-379-0706

Description: The information to be disclosed consists of:

Sample: Physical Health Assessment and Immunization Record required by Connecticut General Statues (CGS) 10-206 (mandated health assessment for school entry, grade 6 or 7, grade 10 or 11); and CGS 10-204 (required immunizations for school attendance).

Purpose: This information will be used for the following purpose(s):

Sample: This information is needed to ensure school entry and continued attendance and to promote safety in the school setting for the student and the school community.

Authorization

____________________________________________ ________________________

Parent Signature Date

____________________________________________ ________________________

Student Signature* Date

Copies: Parent or student*

Physician or other health care provider releasing the protected health information

School official requesting/receiving the protected health information

Developed collaboratively with CT State Department of Education &

CT Chapter, American Academy of Pediatrics

5125.11

Form #3

HIPAA-COMPLIANT AUTHORIZATION FOR

RELEASE OF HEALTH INFORMATION

Patient/Student Name: ___________________________ Date of Birth:____________________

I hereby authorize __________________________________________________ [insert health care provider name, and title] and _________________________________ Superintendent of Schools to exchange health and education information/records for the purpose listed below.

Winchester Public Schools
338 Main Street – PO Box 648
Winsted, CT 06098

Address and telephone of health care provider
____________________________________

____________________________________

Description:

The health information to be disclosed consists of:

The education information to disclosed consists of:

Purpose: This information will be used for the following purpose(s):

Educational evaluation and program planning
Health assessment and planning for health care services and treatment in school
Medical evaluation and treatment
Other:

Authorization

This authorization is valid for one calendar year. It will expire on _____________ .I understand that I may revoke this authorization at any time by submitting written notice of the withdrawal of my consent. I recognize that these records, once received by the school district, may not be protected by the HIPAA Privacy Rule, but will become education records protected by the Family Educational Rights and Privacy Act. I also understand that if I refuse to sign, such refusal will not interfere with my child’s ability to obtain health care.

____________________________________________ ________________________

Parent Signature Date

____________________________________________ ________________________

Student Signature* Date

Copies: Parent or student*

Physician or other health care provider releasing the protected health information

School official requesting/receiving the protected health information

Developed collaboratively with CT State Department of Education &

CT Chapter, American Academy of Pediatrics

5126 Awards for Achievement

5131.111 Student Conduct / Video Surveillance

The Board of Education recognizes the district's responsibility to maintain order, discipline, safety and security on school property and school vehicles. The Board also desires to afford students and staff privacy in respect to the records maintained by the district. The Board recognizes that there may be a value in electronic surveillance systems in monitoring activity on school property and in school vehicles in furtherance of protecting the health, welfare and safety of its students and staff. The students and staff of the district recognize that their security and safety depends upon the capacity of the district to maintain discipline, control building access, and that a certain amount of restraint upon the activities of students and building visitors is assumed and expected.

The Board of Education carefully weighed and balanced the rights of privacy of students and staff against the district's duty to maintain order, discipline, safety and security finds that it may be appropriate to provide for the use of video camera surveillance in its transportation vehicles and on school grounds as follows:

The district shall notify its students and staff that video surveillance may occur on any school property or on any transportation vehicle. The district shall incorporate said notice in the student handbook;
The use of video surveillance equipment on transportation vehicles shall be supervised by the district transportation supervisor. The use of video surveillance equipment on school grounds and on other district property shall be supervised and controlled by the building administrator or other responsible administrator;
The use of video recordings from surveillance equipment shall be subject to the other policies of the district including policies concerning the confidentiality of student and personnel records;
Video surveillance shall only be used to promote the order, safety and security of students, staff and property.

Legal Reference: Title I - Amendments to the Individuals with Disabilities Act. (PL 105-17)

Family Educational Rights and Privacy Act, sec. 438, 20 V.S.C. sec.
http://policy.cabe.org/cabe/lpext.dlllInfobase/heading%2020021 7 .htm/headin... 6/312013

5131.21 Student Conduct

Violent and Aggressive Behavior

The Board of Education recognizes that there are certain behaviors that, if tolerated, would quickly destroy the type of learning environment to which the students and staff are entitled within this school system. These behaviors, categorized as violent and aggressive, will not be tolerated and shall result in immediate action by the school system.

All acts of violence and aggression, including, but not limited to, terroristic acts and/or threats, shall result in specific consequences, determined by the seriousness of the act, including suspension from school and consideration of expulsion from school by the Board of Education for acts of a serious or chronic nature.

Acts of violence and aggression must be well‑documented and communicated to the school principal or his/her designee. The Superintendent of Schools is to be notified immediately of all acts pertaining to possession, threat with, or use of a weapon; physical assaults; stalking; and terroristic threats or acts. The Board of Education will be informed and involved where deemed necessary by the Superintendent or where required by law. The immediate involvement of the parent(s) or guardians(s) is viewed as essential.

Serious consideration is to be given to the involvement of appropriate law enforcement agencies and other agencies in such cases. The police shall be involved if there is any violation of the law.

The following behaviors are defined as violent and aggressive.

Possession, Threat With, or Use of a Weapon or Dangerous Instrument

Weapon or Dangerous Instrument includes, but is not limited to, any pistol, revolver, rifle, shotgun, air gun or spring gun; slingshot; bludgeon; brass knuckles or artificial knuckles of any kind; knives, any knife the blades of which can be opened by a flick of a button or pressure on the handle, or any pocket knife where the blade is carried in a partially opened position; martial arts weapon; destructive device; or facsimiles of firearms.

Alternative language to consider: Firearms, weapons, and dangerous instruments shall include those defined by law. (1 8U. S. C 921, C G. S. 53a‑3, and 53‑202 to 53‑206, and 29‑35)

Possession is defined as having a weapon or dangerous instrument on one's person, or in an area subject to one's control, in any school building on school grounds, in any school vehicle, or at any school‑sponsored activity. A student's conduct off school grounds that is seriously disruptive of the educational process and violative of the Board's publicized policies shall also be considered for disciplinary action by school officials under this policy. A student found to be in possession and/or use of a firearm or dangerous weapon as defined above shall be subject to expulsion of one calendar year.

Note: A student who finds a firearm, weapon or dangerous instrument and immediately advises a teacher or other adult, shall not be considered in possession of such device. Students who find firearms, weapons or dangerous instruments are advised to seek adult assistance and are advised not to touch the weapon.

Physical Assault

Physical assault is the act of striking or touching a person or that person's property with a part of the anatomy or any object, with the intent of causing hurt or harm.

Verbal Abuse

Verbal abuse shall include but is not limited to swearing, screaming, obscene gestures or threats when directed, either orally, including the telephone or in writing at an individual, his/her family or a group.

Intimidation

Intimidation is an act intended to frighten or coerce someone into submission or obedience.

Extortion

Extortion is the use of verbal or physical coercion in order to obtain financial or material gain from others.

Bullying

Bullying is the use of physical or verbal coercion to obtain control over others or to be habitually cruel to others who are assumed to be weaker.

Gangs

Gangs are groups of youths who share common beliefs, attitudes, and attire and exhibit unlawful and anti‑social behavior.

Terroristic Threats

Terroristic threat is a threat to commit violence communicated with the intent to terrorize another, to cause evacuation of a building, or to cause serious public inconvenience, in reckless disregard of the risk causing such terror or inconvenience.

Terroristic Act

Terroristic act is an offense against property or involving danger to another person or persons.

Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature, whether verbal or physical, including, but not limited to, insulting or degrading sexual remarks or conduct; threats or suggestions that a student's or staff member's submission to or rejection of unwelcome conduct will in any way influence a decision regarding that student or staff member; or conduct of a sexual nature which substantially interferes with a student's learning; or staff member's performance of duties, or creates an intimidating, hostile or offensive learning or working environment, such as the display in the educational setting of sexually suggestive objects or pictures.

Stalking

Stalking is the persistent following, contacting, watching or any other such threatening actions that compromise the peace of mind or the personal safety of the individual.

Defiance

Defiance is the act or instance of defying or opposing; insubordination.

Racial Slurs

Racial slurs are insulting, disparaging or derogatory comments made directly or by innuendo regarding a person's racial origin.

(cf. 5114 ‑ Suspension and Expulsion/Due Process)

(cf. 5130 ‑ Student Conduct)

(cf. 5131.7 ‑ Weapons and Dangerous Instruments)

(cf. 5141.5 ‑ Crisis Management)

(cf. 5141.6 ‑ Safety)

(cf. 5144 ‑ Discipline/Punishment)

(cf. 5144.2 ‑ Use of Physical Force)

(cf. 5144.3 ‑ Discipline of Students with Disabilities)

(cf. 5145.12 ‑ Search and Seizure)

(cf. 5145.5 ‑ Sexual Harassment)

Legal Reference: Connecticut General Statutes

4‑176e through 4‑180a. Contested Cases. Notice. Record.

10‑233a through 10‑233f. Suspension, removal and expulsion of students, as amended by PA 95‑304 and PA 96‑244.

46a‑60 Discriminatory employment practices prohibited.

Constitution of the State of Connecticut, Article I, Section 20.

53a‑3 Definitions.

53a‑217b Possession of firearms and deadly weapons on school grounds.

53‑206 Carrying and sale of dangerous weapons.

PA 94‑221 An Act Concerning School Discipline and Safety.

GOALS 2000: Educate America Act, Pub. L. 103‑227.

18 U.S.C. 921 Definitions.

Title III ‑ Amendments to the Individuals with Disabilities Education Act.

Sec. 314 (Local Control Over Violence).

Elementary and Secondary Act of 1965 as amended by the Gun Free Schools Act of 1994.

PL 105‑17 The Individuals with Disabilities Act, Amendment of 1997.

Civil Rights Act of 1964, Title VII, 42 U.S.C.

Equal Employment Opportunity Commission Policy Guidance (N‑915.035) on Current Issues of Sexual harassment, effective 10/15/88

Title IX of the Education Amendments of 1972, CFR Section 106 Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986).

5131.7 Weapons and Dangerous Instruments

Students shall not possess firearms, facsimiles of firearms, weapons, or dangerous instruments of any kind on school grounds or buildings, not on school buses, nor on any school-related or school-sponsored activity away from school facilities. Firearms, weapons, and dangerous instruments shall include those defined by law. (18 U.S.C. 921, C.G.S. 53a-3, and 53-202 to 53-206, and 29-35).

Pursuant to federal law, the term "firearm" includes, but is not limited to, any weapon designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or destructive device. A student who violates this policy will be reported to law enforcement authorities.

Possession of or bringing such weapons or devices on school grounds or other areas under the control of the Board of Education may also be a violation of criminal law, and therefore any violation of this policy shall be reported immediately to the local law enforcement agency, the Board of Education, and, if possible, the parent or guardian. Students who violate this policy shall be subject to appropriate disciplinary action as well as possible court action. A student's conduct off school grounds that is seriously disruptive of the educational process or violative of the Board's publicized policies may also be grounds for expulsion. A student found to be in possession of a firearm or dangerous weapon, as defined by law, shall be subject to an expulsion of one calendar year. The expulsion period may be modified on a case by case basis. To comply with federal law, any finding of an exception shall be reduced to writing.

Any dangerous device or weapon may be seized by an employee of the school system under the power granted to the Board of Education to maintain order and discipline in the schools, and to protect the safety of students, staff, and the public.

Every employee seizing any weapon or dangerous instrument under the provisions of this policy shall report the incident to the building principal immediately, and deliver the seized device to the principal, together with the names of persons involved, witnesses, location, and circumstances of the seizure.

If an employee knows or has reason to suspect that a student has possession of such a device but the device has not been seized, the employee shall report the matter to the principal immediately, and the principal shall take such action as is appropriate. The principal shall report all violations of this policy to the Superintendent or designee, and to the local law enforcement agency on approval of the Superintendent or designee.

Students in violation of this policy shall be subject to the following disciplinary measures:

Possession of a firearm, dangerous instrument, or dangerous weapon as defined by law:

A. Automatic 10-day suspension

B. Referral to law enforcement agency

C. Recommendation for a hearing on expulsion for a period up to one year

2. Possession of a facsimile of a firearm:

A. 10-day suspension

B. Referral to law enforcement agency

C. Recommendation for expulsion hearing if the circumstances so warrant.

3.Possession and use of any instrument in a manner to inflict bodily harm or to intimidate or threaten:

A. 10-day suspension

B. Referral to law enforcement agency

C. Recommendation for expulsion hearing if circumstances so warrant

Students and parents or guardians shall be notified of this policy annually.

(cf 5114 - Suspension/Expulsion; Due Process)

(cf 5145.12 - Search and Seizure)

Legal Reference: Connecticut General Statutes

10-221 Boards of education to prescribe rules.

10-233a through 10-233f - Expulsion

53a-3 Definitions.

53a-217b - Possession of firearms and deadly weapons on school grounds

53-206 Carrying and sale of dangerous weapons.

PA 94-221 - An Act Concerning School Discipline and Safety.

GOALS 2000: Educate America Act

18 U.S.C. 921 Definitions

USCA 7151- No Child Left Behind Act

5131.81 (a) Electronic Devices

Board of Education Policy Regarding:

Students – Electronic Devices
Cellular Phones/Electronic Communication Devices

Policy # 5131.81(a)

Amended: 11/12/2019
Supersedes/Amends: 5131.81(a) adopted 6/8/10

The Winchester Board of Education (Board) recognizes the importance of technology in the educational setting. While cellular telephones and other wireless devices may serve as a form of technology, they may also pose a significant distraction to the learning environment if used without the direction of the teachers. There is a growing body of evidence that suggests student access to cell phones and other electronic communication devices may be detrimental to student emotional wellbeing and academic growth. Therefore, the use of electronic communication devices and other technology at school is a privilege, not a right.

Students are prohibited from using electronic communication devices, except as provided within this policy. An electronic device includes, but is not limited to, the following devices used for personal communication and entertainment: cell phone, smartphone, smart watches, video recording device, personal digital assistant (PDA), iPod, iPad, laptop computer, tablet computer or other similar electronic device.

During instructional time, from the official school start time to end of the day school dismissal, which includes class periods, lunch period (elementary schools), and other specified times as determined by administration, electronic communication devices must be kept powered-off and out-of-sight unless:

Permission is granted by an administrator, teacher or school staff member;
Use of the device is provided in a student’s Individualized Education Program (IEP) or 504 education plan; or
It is needed in an emergency that threatens the safety of students, staff, or other individuals.

Parents should not expect to communicate directly with their children using their devices during designated school time. Parents who need to communicate with their child in the case of an emergency should call the school office and communicate with school personnel the nature of their emergency who will then communicate as appropriate with the student impacted by the emergency.

Phones and/or electronic communication devices, and accessories (i.e. earbuds, headphones, etc.), should remain concealed and be turned off unless in use pursuant to this policy. Such phones and other electronic communication devices may be used in compliance with the individual school’s guidelines for usage. This time of usage may include before/after school as well as during the student’s lunch time and in designated locations.

Electronic communication devices may never be used in any manner that disrupts the educational environment, violates students conduct rules or violates the rights of others. This includes but is not limited to the following:

Using the device to take photographs in locker rooms or bathrooms;
Cheating;
Creating, sending, sharing, viewing, receiving, or possessing an indecent visual depiction or non-consensual dissemination of private sexual images (i.e., sexting);
Inappropriate use of cell phones and/or electronic communication devices at other school activities or events, on or off campus, outside of the school day.

Each school may establish further guidelines, in addition to District procedures, concerning the inappropriate use of cell phones/electronic devices if the violation of this policy does not also involve more serious disciplinary infractions. Cell phones/electronic devices are a privilege and not a right and may therefore be confiscated by a District administrator, teacher, paraprofessional, coach, or bus driver when a violation of District policy and/or procedures for such devices occurs.

The District is not responsible for the loss, theft or damage of any electronic device brought to school. If the device is confiscated for violation of District policy and/or procedures, the District, and its employees shall not be responsible for safekeeping, loss, or damage. School officials may conduct an investigation or require a student to cooperate in an investigation if there is specific information about activity on the student’s device or account on a social networking website that violates a school disciplinary rule or policy. In the course of an investigation, the student may be required to share the content that is reported in order to allow school officials to make a factual determination.

(cf. 5114 – Suspension and Expulsion/Due Process)

(cf. 5131 – Conduct)

(cf. 5131.8 – Off School Grounds Misconduct)

(cf. 5131.82 – Restrictions on Publications and Written or Electronic Material)

(cf. 5131.911 – Bullying)

(cf. 5131.913 – Cyberbullying)

(cf. 5144 – Discipline/Punishment)

(cf. 5145.5 – Sexual Harassment)

(cf. 5145.51 – Peer Sexual Harassment)

Policy 5131.81(c)

Students - Electronic Devices

Cellular Phones/Electronic Communication Devices

Legal Reference: Connecticut General Statutes
10-233j Student possession and use of telecommunications devices

Eisner v. Stamford Board of Education, 440 F. 2d 803 (2nd Cir 1971)

Trachtman v. Anker, 563 F. 2d 512 (2nd Cir. 1977) cert. denied, 435 U.S. 925 (1978)

Hazelwood School District v. Ruhlmeir, 484 U.S. 260, 108 S Ct 562 (1988)

Bethel School District v. Fraser, 478 US 675 (1986)

Tinker v. Des Moines Independent Community Dist., 393 US 503, (1969)

The Winchester School District recognizes that handheld electronic devices are increasingly utilized in today’s society and are playing a progressively greater role in personal communication. Responsible use is part of a student’s education. This policy is designed to promote that educational role and to limit the potential of the devices to serve as a distraction in the educational process.

Cellular telephones, handheld computers or music players, electronic games, and other similar devices may not be visible, turned on, or utilized within the school. These prohibitions are in effect during school hours and while attending school-sponsored activities on or off school property. Only in the event of a true health or safety emergency may the phone be used.

The School Principal may grant written permission for possession and use of a paging device by a student if the student or his parent or guardian establishes to the satisfaction of the Principal that a reasonable basis exists for the possession and use of the device.

A student found to be in possession of a laser pointer or a paging device, without the permission of the Principal, or using a cellular mobile telephone or other electronic device without the approval of the Principal, shall be reported to a school administrator who shall confiscate the device and forward it to the Principal. The device will be returned to the student at the end of the school day for the first violation, but the Principal shall contact the parent/guardian and advise them of the breach of the policy. After the second violation of this policy the Principal may contact the parent/guardian and require the parent/guardian to pick up the device.

Disciplinary action may be taken against any student for using a cellular telephone, or other electronic device that is otherwise not banned by this policy, in any manner that disrupts the educational environment, including using the device to cheat, signal others, or otherwise violate student conduct rules. Unless otherwise banned under this policy, all electronic devices must be kept off and out of sight during a regular school day unless:

(a) the supervisory teacher grants permission;

(b) the use of the device is provided in a student’s IEP; or

Students violating this policy shall be subject to disciplinary action, up to and including suspension and or expulsion.

School staff members are also prohibited from using electronic devices during instructional time with the exception of use specifically related to school business.

The Administration shall promulgate rules to enforce this policy.

Legal Reference: Connecticut General Statutes

10-233j Student possession and use of telecommunications devices

53-206e Limitation on sale and use of laser pointers

P.A. 95- 304 An Act Concerning School Safety

P.A.96-108 An Act Concerning Student Use Of Telecommunications Devices And The Establishment Of Graduation Dates

P.A. 99-256 An Act Concerning Laser Pointers

5131.911 Bullying Hazing

The Board of Education (Board) promotes a secure and happy school climate, conducive to teaching and learning that is free from threat, harassment and any type of bullying behavior. Therefore it shall be the policy of the Board that bullying of a student by another student is prohibited.

The Board believes that a school environment in which students feel safe, supported, engaged and helpfully challenged is optimal for learning and healthy development. The Board seeks an environment in which students and adults feel socially, emotionally, intellectually and physically safe; an environment that is free of harassment, intimidation and bullying.

Definitions

“Bullying” means the repeated use by one or more students of a written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same school district or a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district that:

A. causes physical or emotional harm to such student or damage to such student’s property.

B. places such student in reasonable fear of harm to himself or herself, or of damage to his or her property,

C. creates a hostile environment at school for such student,

D. infringes on the rights of such student at school, or

E. substantially disrupts the education process or the orderly operation of a school.

Bullying shall include, but not be limited to, a written, oral, or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics. (The student against whom the activity is directed must be attending school in the same district as the students engaged in the activity.)

“Cyberbullying” means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

“Teen dating violence” means any act of physical, emotional or sexual abuse, including stalking, harassing and threatening that occurs between two students who are currently in or have recently been in a dating relationship.

“Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted.

“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system.

“Hostile environment” means a situation in which bullying among students is sufficiently severe or pervasive to alter the conditions of the school climate.

“Outside of the school setting” means at a location, activity or program that is not school related, or through the use of an electronic device or a mobile electronic device that is not owned, leased or used by a local or regional board of education.

“School employee” means (a) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (b) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.

“School climate” means the quality and character of school life with a particular focus on the quality of the relationships within the school community between and among students and adults. (and reflects norms, values, interpersonal relationships, teaching and learning practices and organizational structures.)

Examples of bullying include, but are not limited to:

physical violence and attacks
verbal taunts, name-calling and put-downs including ethnically-based or gender-based verbal put-downs
threats and intimidation
extortion or stealing of money and/or possessions
exclusion from peer groups within the school
The misuse of electronic communications for the purpose of bullying, harassing, or sexually harassing other students within school or out of school (“cyberbullying”)
Targeting of a student based on the student’s actual or perceived “differentiating” characteristics such as race; color; religion; ancestry; national origin; gender; sexual orientation; gender identity or expression; socioeconomic or academic status; physical appearance; or mental, physical, developmental, or sensory disability.

Such conduct is disruptive of the educational process and, therefore, bullying is not acceptable behavior in this district and is prohibited.

Students who engage in any act of bullying, on 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 the Board of Education, or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board of Education, and outside of the school setting if such bullying:

creates a hostile environment at school for the victim,
infringes on the rights of the victim at school, or
substantially disrupts the education process or the orderly operation of a school,

are subject to appropriate disciplinary action up to and including suspension, expulsion and/or referral to law enforcement officials.

A comprehensive program, to improve the school climate, involving everyone in the schools and the community, to address bullying at all school levels is essential to reducing incidences of bullying. Such a program must involve interventions at all levels, school wide, classroom and individual.

The District’s program: (Also outlined in the section pertaining to the “Safe School Climate Plan.”)

Requires the development and implementation of a safe school climate plan by the Board of Education to address the existence of bullying and teen dating violence in its schools and requires at the beginning of each school year that students and their parents/guardians be notified of the process by which students may make such reports;
Permits anonymous reports of bullying or teen dating violence by students to school employees and written reports of suspected bullying or teen dating violence by parents or guardians and requires at the beginning of each school year that students and their parents/guardians be notified of the process by which students may make such reports;
Requires school employees who witness acts of bullying or teen dating violence or receive reports of bullying or teen dating violence to orally notify the safe school climate specialist or another school administrator if the safe school climate specialist is unavailable, not later than one school day after such school employee witnesses or receives a report of bullying and to file a written report not later than two school days after making such an oral report;
Requires the safe school climate specialist to investigate or supervise the investigation of all reports of bullying or teen dating violence and ensure that such investigation is completed promptly after receipt of any written report, and that the parents or guardians of the student alleged to have committed an act or acts of bullying or teen dating violence and the parents or guardians of the student against whom such alleged act or acts were directed receive prompt notice that such investigation has commenced;
Requires the safe school climate specialist to review any anonymous reports, except that no disciplinary action shall be taken solely on the basis of an anonymous report;
Requires each school to have a prevention and intervention strategy, as defined by statute, as amended, for school employees to deal with bullying or teen dating violence, including language about bullying and teen dating violence in student codes of conduct and in all student handbooks;
Provides for the inclusion of language in student codes of conduct concerning bullying and teen dating violence;
Requires each school to notify parents or guardians of all students involved in a verified act of bullying or teen dating violence not later than forty-eight hours after the completion of the investigation. The notice shall be simultaneously mailed to the parent/guardian with whom the student primarily resides and to the other parent/guardian if requested. The notice must describe the school’s response and any consequences that may result from further acts of bullying or school dating violence;
Requires each school to invite the parents/guardians of a student against whom such act was directed to a meeting to communicate to such parents/guardians the measures being taken by the school to ensure the safety of the students against whom such act of bullying was directed and the policies and procedures in place to prevent further acts of bullying and teen dating violence;
Requires each school to invite the parents or guardians of a student who commits any verified act of bullying or teen dating violence to a meeting, separate and distinct from the meeting of the parents/guardians of the student against whom the act of bullying or teen dating violence was directed, to discuss specific interventions undertaken by the school to prevent further acts of bullying and teen dating violence;
Establishes a procedure for each school to document and maintain records relating to reports and investigations of bullying and teen dating violence in such school and make such list publicly available; and report such number to the Department of Education and in such manner as prescribed by the Commissioner of Education;
Requires the development of case-by-case interventions for addressing reported incidents of bullying or teen dating violence against a single individual or recurrently perpetrated bullying incidents by the same individual that may include both counseling and discipline;
Prohibits discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying or teen dating violence;
Requires the development of student safety support plans for students against whom an act of bullying or teen dating violence was directed that addresses safety measures the school will take to protect such students against further acts of bullying or teen dating violence;
Requires the principal of a school or the principal’s designee, to notify the appropriate local law enforcement agency when such principal or the principal’s designee believes that any acts of bullying or teen dating violence constitute criminal conduct;
Prohibits bullying and teen dating violence (A) on 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 local or regional board of education, or through the use of an electronic device or an electronic mobile device owned, leased or used by the local or regional board of education, and (B) outside of the school setting if such bullying or teen dating violence (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying or teen dating violence was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school;
Requires, at the beginning of each school year, for each school to provide all school employees with a written or electronic copy of the school district’s safe school climate plan; and
Requires all school employees to annually complete the training required by C.G.S. 10-220a, as amended. Such training shall include identifying and responding to bullying and preventing and responding to youth suicide;

Note: Certified employees are required to complete annual training on the prevention and identification of bullying and response to bullying and the prevention and response to youth suicide.

The State Department of Education, within available appropriations, is required to provide annual training to non-certified school employees.

Requires students and the parents/guardians of students to be notified at the beginning of the school year of the process by which they may make reports of bullying or teen dating violence;

As required, the Board of Education shall approve the safe school climate plan developed pursuant to statute and submit such plan to the Department of Education for its review, analysis, cooperative assistance and approval not later than July 1, 2014; and

Requires that not later than thirty calendar days after approval by the State Department of Education, the safe school climate plan shall be made available on the Board’s and each individual school in the District’s Internet website and such plan is to be included in the District’s publication of the rules, procedures and standards of conduct for schools and in all student handbooks.

The Board expects prompt and reasonable investigations of alleged acts of bullying and teen dating violence. The safe school climate specialist of each school is responsible for handling all complaints of alleged bullying and teen dating violence. The safe climate specialist shall investigate or supervise the investigation of all reports of bullying and teen dating violence promptly.

In addition, the norms that are established by adults through consistent enforcement of all policies pertaining to conduct and modeling appropriate behavior at school and at home will reduce the instances and damage of bullying and teen dating violence. It is necessary for students to promote the concept that caring for others is a valued quality, one that is accepted and encouraged.

Prevention and Intervention Strategy

The District shall implement, as required by C.G.S. 10-222d, as amended, a prevention and intervention strategy which may include, but is not limited to:

Implementation of a positive behavioral interventions and supports process or another evidence-based model approach for safe school climate or for the prevention of bullying and teen dating violence identified by the Department of Education.
School rules prohibiting bullying, teen dating violence, harassment, and intimidation and establishing appropriate consequences for those who engage in such acts.
Adequate adult supervision of outdoor areas, hallways, the lunchroom, and other specific areas where bullying or teen dating violence is likely to occur.
Inclusion of grade-appropriate bullying and teen dating violence education and prevention curricula in kindergarten through high school.
Individual interventions with the bully or student who commits teen dating violence, parents and school employees and interventions with the students against whom the acts of bullying and teen dating violence are directed, parents, and school employees.
School wide training related to safe school climate.
Student peer training, education and support.
Promotion of parent involvement in bullying and teen dating violence prevention through individual or team participation in meetings, trainings, and individual interventions.
Culturally competent school-based curriculum focusing on social-emotional learning, self-awareness and self-regulation.

Note: Funding for the school-based bullying intervention and school climate improvement may originate from public, private, or philanthropic sources. For purposes of this section, “interventions with the bullied child” includes referrals to a school counselor, psychologist or other appropriate social or mental health service, and periodic follow-up by the safe school climate specialist with the bullied child.

District Safe School Climate Coordinator

For the school year commencing July 1, 2012, and each school year thereafter, the Superintendent of Schools shall appoint, from among existing District staff, a District Safe School Climate Coordinator.

The Coordinator shall:

Implement the District’s safe school climate plan;
Collaborate with safe school climate specialists, the Board, and the Superintendent to prevent, identify, and respond to bullying and teen dating violence in the schools of the district.
Provide data and information derived from the safe school climate assessments, in collaboration with the Superintendent to the Department of Education;
Respond to bullying and teen dating violence in District schools;
Meet with the safe school climate specialists at least twice during the school year to discuss bullying and teen dating violence issues in the District and make recommended changes to the District’s safe school climate plan.
Successfully complete, for the school year commencing July 1, 2014, the mental health first aid training provided by the Commissioner of Mental Health and Addiction Services. (Such training only required once.)

Safe School Climate Specialist

For the school year commencing July 1, 2012, and each school year thereafter, each school Principal shall serve, or designate someone to serve, as the Safe School Climate Specialist for the school.

The Specialist in each school shall:

Investigate or supervise the investigation of reported acts of bullying or teen dating violence in the school in accordance with the District’s Safe School Climate Plan;
Collect and maintain records of reports and investigations of bullying and teen dating violence in the school; and
Act as the primary school official responsible for preventing, identifying and responding to bullying and teen dating violence reports in the school.

Safe School Climate Committee

For the school year commencing July 1, 2012, and each school year thereafter, the Principal of each District school shall establish a new committee or designate at least one existing committee that is responsible for developing and fostering a safe school climate and addressing issues related to bullying in the school. The committee must include at least one parent/guardian of a student enrolled in the school, appointed by the Principal.

The Safe School Climate Committee shall:

Receive copies of completed reports following investigations of bullying and teen dating violence;
Identify and address patterns of bullying and teen dating violence among students in the school;
Implement the provisions of the school security and safety plan, (developed pursuant to Section 87 of PA 13-3) regarding the collection, evaluation and reporting of information relating to instances of disturbing or threatening behavior that may not meet the definition of bullying or teen dating violence (defined in Connecticut General Statutes 10-222d) and report such information, as necessary, to the District Safe School Climate Coordinator and to the school’s security and safety committee;
Review and amend school policies relating to bullying and teen dating violence;

Review and make recommendation to the District Safe School Climate Coordinator regarding the District’s Safe Climate Plan based on issues and experiences specific to the school;
Educate students, school employees and parents and guardians of students on issues relating to bullying and teen dating violence;
Collaborate with the District Safe School Climate Coordinator in the collection of data regarding bullying and teen dating violence; and
Perform any other duties as determined by the School Principal that are related to the prevention, identification and response to school bullying and teen dating violence for the school.

Parent members of the Safe School Climate Committee are excluded from activities #1 and #3 or any other activity that may compromise the confidentiality of a student.

Safe School Climate Plan

The Board of Education shall develop and implement a Safe School Climate Plan to address the existence of bullying in its schools. Such plan shall:

Enable students to anonymously report acts of bullying and teen dating violence to school employees and require students and the parents or guardians of students to be notified annually of the process by which they may make such reports;
Enable the parents or guardians of students to file written reports of suspected bullying and teen dating violence;
Require school employees who witness acts of bullying or receive reports of bullying or teen dating violence to orally notify the Safe School Climate Specialist, or another school administrator if the Safe School Climate Specialist is unavailable, not later than one school day after such school employee witnesses or receives a report of bullying or teen dating violence, and to file a written report not later than two school days after making such oral report;
Require the Safe School Climate Specialist to investigate or supervise the investigation of all reports of bullying or teen dating violence and ensure that such investigation is completed promptly after receipt of any written reports made under this section;
Require the Safe School Climate specialist to review any anonymous reports, except that no disciplinary action shall be taken solely on the basis of an anonymous report;
Include a prevention and intervention strategy for school employees to deal with bullying and teen dating violence;
Provide for the inclusion of language in student codes of conduct concerning bullying and teen dating violence;
Require each school to notify the parents or guardians of students who commit any verified acts of bullying or teen dating violence and the parents or guardians of students against whom such acts were directed not later than forty-eight hours after the completion of the investigation. The required notification and invitation shall include a description of the response of school employees to such acts and any consequences that may result from the commission of further acts of bullying and teen dating violence;
Require each school to invite the parents or guardians of a student who commits any verified act of bullying or teen dating violence and the parents or guardians of the student against whom such act was directed, to a meeting to communicate to such parents or guardians the measures being taken by the school to ensure the student’s safety and to prevent further acts of bullying or teen dating violence;
Establish a procedure for each school to document and maintain records relating to reports and investigations of bullying and teen dating violence in such school and to maintain a list of the number of verified acts of bullying and teen dating violence in such school and make such list available for public inspection, and annually report such number to the Department of Education, and in such manner as prescribed by the Commissioner of Education;
Direct the development of case-by-case interventions for addressing repeated incidents of bullying or teen dating violence against a single individual or recurrently perpetrated bullying incidents by the same individual that may include both counseling and discipline;
Prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying or teen dating violence;
Direct the development of student safety support plans for students against whom an act of bullying or teen dating violence was directed that addresses safety measures the school will take to protect such student against further acts of bullying or teen dating violence;
Require the Principal of a school, or the Principal’s designee, to notify the appropriate local law enforcement agency when such Principal, or the Principal’s designee, believes that any acts of bullying or teen dating violence constitute criminal conduct;
Prohibit bullying and teen dating violence (A) on 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 the Board or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board and (B) outside of the school setting if such bullying or teen dating violence (i) creates a hostile environment at school for the student against whom such bullying or teen dating violence was directed, (ii) infringes on the rights of the student against whom such bullying or teen dating violence was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school;
Require, at the beginning of each school year, each school to provide all school employees with a written or electronic copy of the school district’s Safe School Climate Plan; and
Require that all school employees annually complete the training described in C.G.S. 10-220a, as amended.

Optional language:

A bullying prevention program shall be implemented which strives to develop a school and home environment:

characterized by warmth, positive interest and involvement by adults;
firm limits to unacceptable behavior;
where non-hostile, non-physical negative consequences are consistently applied in cases of violations of rules and other unacceptable behaviors;
where adults act as authorities and positive role models; and
where students are included in efforts to improve school climate.

The Superintendent shall develop rules and procedures, which carry out the provisions of this policy. In addition, the Superintendent shall provide that students and parents of students are notified of this prohibition against bullying and the penalties for violating the prohibition by ensuring the posting of such information at each school and by ensuring inclusion of such information in student and parent handbooks

This policy shall not be interpreted to prohibit a reasonable and civil exchange of opinions, or debate that is protected by state or federal law.

(cf. 0521 – Nondiscrimination)

(cf. 4131 – Staff Development)

(cf. 5114 – Suspension and Expulsion/Due Process)

(cf. 5131 – Conduct)

(cf. 5131.21 – Violent and Aggressive Behavior)

(cf. 5131.8 – Out-of-School Misconduct)

(cf. 5131.912 – Aggressive Behavior)

(cf. 5131.913 – Cyberbullying)

(cf. 5131.91 – Hazing)

(cf. 5144 – Discipline/Punishment)

(cf. 5145.4 – Nondiscrimination)

(cf. 5145.5 – Sexual Harassment)

(cf. 5145.51 – Peer Sexual Harassment)

(cf. 6121 – Nondiscrimination)

(cf. 6121.1 – Equal Educational Opportunity)

Legal Reference: Connecticut General Statutes

10-15b Access of parent or guardian to student’s records. Inspection and subpoena of school or student records.

10-222d Policy on bullying behavior as amended by PA 08-160, P.A. 11-232 and P.A. 14-172.

P.A. 06-115 An Act Concerning Bullying Policies in Schools and Notices Sent to Parents or Legal Guardians.

P.A. 11-232 An Act Concerning the Strengthening of School Bullying Laws.

P.A. 13-3 An Act Concerning Gun Violence Protection and Safety

P.A. 14-172 An Act Concerning Improving Employment Opportunities through Education and Ensuring Safe School Climates.

P.A. 14-234 An Act Concerning Domestic Violence and Sexual Assault.

5131.911

Appendix C

ANNUAL BULLYING NOTICE

[State Law requires that boards of education notify students annually of the process by which they may anonymously report acts of bullying or teen dating violence to school employees. We suggest that this notice be included in a student handbook.]

Bullying behavior by any student in the Winchester Public Schools is strictly prohibited, and such conduct may result in disciplinary action, including suspension and/or expulsion from school. “Bullying” means the repeated use by one or more students of a written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same school district or a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district that:

A. Causes physical or emotional harm to such student or damage to such student’s property,

B. Places such student in reasonable fear of harm to himself or herself, or of damage to his or her property,

C. Creates a hostile environment at school for such student,

D. Infringes on the rights of such student at school, or

E. Substantially disrupts the education process or the orderly operation of a school.

Bullying shall include, but not be limited to, a written, verbal or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or physical, mental, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

Teen dating violence means any act of physical, emotional or sexual abuse, including stalking, harassing and threatening that occurs between two students who are currently in or have recently been in a dating relationship.

Students who engage in any act of bullying or teen dating violence, on 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 the Board of Education, or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board of Education, and outside of the school setting if such bullying:

A. Creates a hostile environment at school for the victim,

B. Infringes on the rights of the victim at school, or

C. Substantially disrupts the education process or the orderly operation of a school.

Students and/or parents may file verbal or written complaints concerning suspected bullying or teen dating violence behavior, and students shall be permitted to anonymously report acts of bullying or teen dating violence to school employees. Any report of suspected bullying or teen dating violence behavior will be promptly reviewed. If acts of bullying or teen dating violence are verified, prompt disciplinary action may be taken against the perpetrator, consistent with his/her rights of due process. Board policy and regulation #5131.911 set forth this prohibition and the related procedures in detail, and are available to students and their parents/guardians upon request.

Form 1 - Report of Bullying/Teen Dating Violence Form / Investigation Summary

Form 2 - Report of Bullying/Teen Dating Violence Form / Consent to Release Student Information

Form 3 - Report of Bullying/Teen Dating Violence Form / Student Statement

Form 4 - Report of Bullying/Teen Dating Violence Form / Verified Acts of Bullying

Form 5 - Report of Bullying/Teen Dating Violence Form / Verified Acts of Teen Dating Violence.

5132 Dress and Grooming

Board of Education Policy Regarding:
Students – Dress and Grooming
Policy # 5132
Amended: 12/10/2019
Supersedes/Amends: School Uniforms #5132.1, 5132.2 6/8/04

The Board of Education’s policy on student dress is a statement of principles, not of particulars:

Student dress shall be clean and neat; it shall not be disruptive to the educational process, nor shall it be detrimental to health and safety.

The administration shall be the responsibility for enforcing the above policy through judging each case of possible infraction on its own. In all other instances, students, in consultation with and with the approval of their parents, shall have responsibility for determining their own dress.

Legal Reference: Connecticut General Statutes

10-221 Boards of education to prescribe rules.

Regulation 5132
Students - Dress and Grooming

1. The administration will take appropriate determination on the newest clothing fads or styles as they pertain to the above dress policy. The administration will determine what attire is unclean and dangerous, or distracts from the educational process.

2. Students must wear proper and safe footwear. Any footwear deemed dangerous to the student or others will be prohibited.

3. Sexually provocative clothing - short shorts, see-through clothing, no shirts, garments designed or worn in such manner as to expose parts of the body constituting what generally is considered immodesty.

4. Clothing bearing messages that countervail the educational process – profanity, sexual suggestiveness, glorification of the drug/alcohol culture, insignias or other apparel that advertises membership in a gang, messages that incite violence.

5. Articles that are part of one’s attire but also designed so that they can be used as weapons – rings that simulate brass knuckles, belt buckles with the edges sharpened, nailed or cleated shoes, jewelry obviously designed to inflict injury.

6. Grooming/apparel or lack thereof that constitute a health hazard - wearing six-inch platform shoes, not wearing shoes, wearing heavy outdoor coats in classrooms.

7. Field Experience attire must comply with the dress policy and facilitate the field experience. Such as sneakers for walking.

*i.e. Examples not limited too.

5140 Sexual Harassment of Students

It is the policy of the board of education to maintain a learning and working environment for students that is free from sexual harassment.

It shall be a violation of this policy for any staff member or any individual subject to the control of the board of education to harass a student through conduct or communications of a sexual nature as defined below. It shall also be a violation of this policy for students to harass other students through conduct or communication of sexual nature as defined below.

Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made, either explicitly or implicitly, a term or condition of a student’s academic environment or academic advancement;

It is used as the basis of academic decisions affecting the individual;

The conduct has the purpose or effect of having a negative impact upon the individual’s academic performance, or of creating an intimidating, hostile, or offensive work environment’;

Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding academic rating or advancement.

Examples of Sexual Harassment

While an exhaustive list is not possible, the following are examples of specific behaviors that, if unwelcome and of a sexual nature, could constitute sexual harassment.

Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, touching, impeding or blocking movement, leering, gestures, noises, pulling at clothes, display of sexually suggestive objects, pictures or cartoons, sexual assault, attempted sexual assault;

Continuing to express sexual interest after learning of or being informed that the interest is unwelcome;

Coercive sexual behavior used to control, influence, or affect a student’s academic environment or grades such as threats of reprisal, implying or withholding support for academic advancement or any other benefit related to school attendance or the academic environment;

Suggesting a poor academic assessment will be prepared or that academic advancement will not be completed successfully;

The creation of an atmosphere of sexual harassment or intimidation, or a hostile or offensive academic environment;

Inappropriate attention of a sexual nature.

Sexual or romantic relationships between board employees and students are unacceptable whether or not they constitute sexual harassment as defined in this policy. Further, any conduct of an employee toward a student which could constitute sexual harassment of the student by the employee will constitute a violation of board policy and this regulation.

Legal Reference: 20 U.S.C. S1681-1688 (“Title IX”)

5141 Prohibition Concerning Psychotropic Drugs

5141 (a) Student Health Services

Board of Education Policy Regarding:
Students – Student Health Services
Policy # 5141(a)
New: 3/8/2022
Supersedes / Amends:

School District Medical Advisor

The Board of Education (Board) shall appoint a school district medical advisor and appropriate medical support service personnel including nurses.

The school district medical advisor, in cooperation with the Board and the board of health/health department for the school district, shall:

1. Plan and administer each school’s health program,

2. Advise on the provision of school health services,

3. Provide consultation on the school health environment, and

4. Perform any other duties as agreed between the advisor and the appointing board of education.

School health efforts shall be directed toward detection and prevention of health problems and to emergency treatment, including the following student health services:

1. Appraising the health status of student and school personnel;

2. Counseling students, parents, and others concerning the findings of health examination;

3. Encouraging correction of defects;

4. Helping prevent and control disease;

5. Providing emergency care for student injury and sudden illness;

6. Maintaining school health records.

Health Records

There shall be a health record for each student enrolled in the school district which will be maintained in the school nurse’s room. For the purposes of confidentiality, records will be treated in the same manner as the student’s cumulative academic record.

Student health records are covered by the Family Educational Rights and Privacy Act (FERPA) and are exempt from the Health Insurance Portability Accountability Act (HIPAA) privacy rule. However, it is recognized that obtaining medical information from health care providers will require schools to have proper authorization and to inform parents that such information once released by health care providers is no longer protected under HIPAA but is covered under FERPA.

P5141(b)

Students

Student Health Services (continued)

Regular Health Assessments

Prior to enrollment in kindergarten, each child shall have a health assessment by one of the following medical personnel of the parents or guardians choosing to ascertain whether the student has any physical disability or other health problem tending to prevent him or her from receiving the full benefit of school work and to ascertain whether such school work should be modified in order to prevent injury to the student or to secure for the student a suitable program of education:

1. a legally qualified physician;

2. an advanced practice registered nurse;

3. a registered nurse;

4. a physician’s assistant.

5. a school medical advisor.

6. a legally qualified practitioner of medicine, an advanced practice registered nurse, or a physician assistant stationed at any military base.

Such health assessment shall include:

1. Physical examination which shall include hematocrit or hemoglobin tests, height, weight, blood pressure, and a chronic disease assessment which shall include, but not be limited to, asthma;

2. Updating of immunizations required under C.G.S. 10-204a as periodically amended;

3. Vision, hearing, postural, and gross dental screening;

4. If required by the school district medical advisor, testing for tuberculosis and sickle cell anemia or Cooley’s Anemia;

5. Any other information including a health history as the physician believes to be necessary and appropriate.

Health assessments shall also be required in grades 6 or 7 and in grades 9 or 10 by a legally qualified physician of each student’s parents or guardians’ own choosing, or by the school medical advisor, or the advisor’s designee, to ascertain whether a student has any physical disability or other health problem. Such health assessments shall include:

1. Physical examination which shall include hematocrit or hemoglobin tests, height, weight, blood pressure, and a chronic disease assessment which shall include, but not be limited to, asthma;

2. Updating of immunizations required under C.G.S. 10-204a and the Department of Public Health, Public Health Code, 10-204a-2a, 10-204-3a and 10-204a-4;

3. Vision, hearing, postural, and gross dental screening;

P5141(c)

Students

Student Health Services

Regular Health Assessments (continued)

A child will not be allowed, as the case may be, to begin or continue in district schools unless health assessments are performed as required. Students transferring into the district must provide evidence of required Connecticut vaccinations, immunizations, and health assessments at enrollment and prior to school attendance.

Health assessments will be provided by the school medical advisor or the advisor’s designee without charge to all students whose parents or guardians meet the eligibility requirement of free and reduced priced meals under the National School Lunch Program or for free milk under the special milk program.

The Board of Education shall annually designate a representative to receive reports of health assessments and immunizations from health care providers.

Health assessment results and recommendations signed by the examining physician or authorized medical personnel shall be recorded on forms provided by the Connecticut State Board of Education and kept on file in the school the student attends. Upon written authorization from the student’s parent or guardian, original cumulative health records shall be sent to the chief administrative officer of the school district to which such student moves and a true copy of the student’s cumulative health records maintained with the student’s academic records. The Superintendent of Schools, or designee, shall notify parents of any health-related problems detected in health assessments and shall make reasonable efforts to assure that further testing and treatment is provided, including advice on obtaining such required testing or treatment.

Students who are in violation of Board requirements for health assessments and immunizations will be excluded from school after appropriate parental notice and warning.

P5141(d)

Students

Student Health Services (continued)

Vision Screening

All students in grades K, 1, 3, 4, & 5 will be screened using a Snellen chart, or equivalent screening, by the school nurse or school health aide. An equivalent screening device or an automated vision screening device may be used for such vision screening. Additional vision screening will also be conducted in response to appropriate requests from parents/guardians or professionals working with the student in question. Results will be recorded in the student’s health record on forms supplied by the Connecticut State Board of Education, and the superintendent shall cause a written notice to be given to the parent or guardian of each student found to have any defect of vision, with a brief statement describing such defect.

As necessary, special educational provisions shall be made for students with disabilities.

Hearing Screening

All students will be screened for possible hearing impairments in grades K, 1, 3, 4, & 5. Additional audiometric screening will be conducted in response to appropriate requests from parents/guardians or professionals working with the student. Results will be recorded in the student’s health record on forms supplied by the Connecticut State Board of Education, and the Superintendent shall cause a written notice to be given to the parent or guardian of each student found to have any defect of hearing, with a brief statement describing such defect.

As necessary, special educational provisions shall be made for students with disabilities.

Postural Screening

School nurses will screen all female students in grades 5 and 7 and male students in grade 8 or 9 for scoliosis or other postural problems. Additional postural screening will also be conducted in response to appropriate requests from parents/guardians or professionals working with the student. Results will be recorded in the student’s health record on forms supplied by the Connecticut State Board of Education, and the Superintendent shall cause a written notice to be given to the parent or guardian of each student found to have any postural defect of problem, with a brief statement describing such defect or disease.

As necessary, special educational provisions shall be made for students with disabilities.

Tuberculin Testing

Note: The Connecticut Department of Public Health discourages routine TB testing of all students at school enrollment or for any of the required health assessment. It is recommended that students, at each mandated health assessment, be screened for their risk of exposure to TB. A child, determined to be at risk for exposure to TB should be required to be tested.

In addition to tuberculin testing, if required by the school district medical advisor, as part of regular student health assessments, all new students, including preschool students, will be required to have at least one test for tuberculosis prior to entry in district schools, if determined to be at risk for exposure to TB.

P5141(e)

Students

Student Health Services

Immunizations/Vaccinations

No student will be allowed to enroll in any program operated as part of the district schools without adequate immunization against the following diseases:

1. Measles

2. Rubella

3. Poliomyelitis

4. Diphtheria

5. Tetanus

6. Pertussis

7. Mumps

8. Hemophilus influenza type B

9. Any other vaccine required by Section 19a-7f of Connecticut General Statutes.

10. Hepatitis B

11. Varicella (chickenpox)

12. Hepatitis A

13. Pneumococcal disease

14. Influenza

15. Meningococcal disease

P5141(f)

Students

Student Health Services

Immunizations/Vaccinations (continued)

All students in grades K-12 are required to have received 2 doses of measles, mumps and rubella vaccine or serologic proof of immunity. Students entering kindergarten and seventh grade shall show proof of having received 2 doses of varicella vaccine, laboratory confirmation of immunity, or present a written statement signed by a physician, physician assistant or advanced practice registered nurse indicating the individual has had varicella based on family or medical history.

All seventh grade students must show proof of 1 dose of meningococcal vaccine and 1 dose of Tdap in addition to the completion of the primary DTP series.

All students in grades K-12 are required to have 3 doses of Hepatitis B vaccine or serologic evidence of immunity.

Students shall be exempt from the appropriate provisions of this policy when:

1. They present a certificate from a physician, physician assistant, advanced practice registered nurse, or local health agency stating that initial immunizations have been given and additional immunizations are in process under guidelines and schedules specified by the Commissioner of Health Services; or

2. They present a certificate from a physician, physician assistant, or advanced practice registered nurse stating that in the opinion of such medical provider immunization is medically contraindicated because of the physical condition of such child. Such certification shall be provided on the medical exemption certificate form developed by the Department of Public Health and available on its website; or

3. They present a written statement from their parents or guardians that such immunization would be contrary to the religious beliefs of such child or his/her parents/guardians; such statement to be officially acknowledged by a notary public or a judge, a court clerk/deputy clerk, a town clerk, a justice of the peace, a Connecticut attorney, or a school nurse, and such religious exemption was granted prior to April 28, 2021 (by midnight April 27, 2021). Such student retains this exemption through grade twelve, even if the student transfers to another school in Connecticut; or

Note: To be eligible for such an exemption, a student: (a) must have been enrolled in school in Grades K-12 on or before midnight April 28, 2021; and (b) must have submitted a valid religious exemption prior to midnight, April 27, 2021. Students must meet both conditions in order to be eligible for a religious exemption.

P5141(g)

Students

Student Health Services

Immunizations/Vaccinations (continued)

4. In the case of a child enrolled in pre-school or pre-kindergarten on or before April 28, 2021 whose parent/guardian appropriately submitted a statement necessary for the religious exemption shall have until September 1, 2022 to comply with Connecticut’s required immunizations or within fourteen days after transferring to a different public or private school, whichever is later. The deadline for such pre-school/pre-K student complying with the immunization requirements can be altered if the school/district is provided with a written declaration from the child’s physician, physician assistant or advanced practice registered nurse recommending a different immunization schedule for the child.

5. In the case of measles, mumps or rubella, present a certificate from a physician, physician assistant or advanced practice registered nurse or from the Director of Health in such child’s present or previous town of residence, stating that the child has had a confirmed case of such disease; or

6. In the case of Haemophilus influenza type B has passed his or her fifth birthday; or

7. In the case of diphtheria, tetanus and pertussis, has a medical exemption confirmed in writing by a physician, physician assistant or advanced practice registered nurse (per C.G.S. 19a-7f).

The school nurse will report to the local Director of Health any occurrence of State of Connecticut defined reportable communicable diseases.

Note: In the situation regarding the religious exemption, a child is considered enrolled in school on or before April 28, 2021 as a parent/guardian provides documentation, consistent with District policy, establishing that such child is eligible to attend school in the district in the current or upcoming school year based upon age and residency, and that the family intends for the child to do so, whether the District refers to eligibility as “registration” or “enrollment.” Families that took such steps, on or before April 28, 2021, toward having children attend Kindergarten for the 2020-2021 school year would be considered enrolled in the District as a Kindergarten student. Such a student would be eligible for a religious exemption if the student also provided a valid religious exemption statement by midnight on April 27, 2021. (CSDE Guidance-5/25/21)

Oral Health Assessments

Parents are encouraged to have oral health assessments for their child(ren) prior to public school enrollment, in grade 6 or 7, and in grade 9 or 10. Such assessment may be conducted by a dentist, dental hygienist, physician, physician assistant (PA), or an advanced practice registered nurse (APRN), if he or she is trained in conducting such assessments as part of a DPH-approved training program. When conducted by a dentist the oral assessment must include a dental examination. If another such provider conducts the assessment, it must include a visual screening and risk assessment.

P5141(h)

Students

Student Health Services

Oral Health Assessments (continued)

Parent/guardian consent is required prior to the oral health assessment. The assessment is to be made in the presence of the parent/guardian or another school employee. The parent/guardian must receive prior written notice and have a reasonable opportunity to opt his/her child out of the assessment, be present at the assessment, or provide for the assessment himself or herself.

A child’s public school enrollment continued attendance shall not be denied for his/her failure to receive the oral health assessment.

The District may host a free oral health assessment event at which a qualified provider performs such oral health assessments. Parents/guardians will be given prior notice of such a free screening event providing the parents/guardians the opportunity to opt their children out of the assessment event. If the parent/guardian does not do so, the child must receive an assessment free of charge. The child is prohibited by the legislation from receiving any dental treatment as part of the assessment event without the parent’s/guardian’s informed consent.

The results of an oral health assessment shall be recorded on forms supplied by the State Board of Education. The provider performing the assessment must completely fill out and sign the form. Recommendations by the provider shall be in writing. For any child who receives an oral health assessment, the results must be included in the child’s cumulative health record.

Appropriate school health personnel shall review the assessment results. If it is determined that a child needs further testing or treatment, the Superintendent shall give written notice to the child’s parent/guardian and make reasonable efforts to ensure that further testing or treatment is provided. Such efforts include determining whether the parent/guardian obtained the necessary testing or treatment for the child and, if not, advising the parent or guardian on how to do so. The results of the further testing or treatment must be recorded on the assessment forms and reviewed by school health personnel.

As with other school health assessments no records of oral health assessments may be open to public inspection; and each provider who conducts an assessment for a child seeking to enroll in a public school must provide the assessment results to the school district’s designated representative and a representative of the child.

Health Assessments/Interscholastic Sports Programs

Any student participating in an interscholastic sports program must have a health assessment, within the past thirteen months prior to the first training session for the sport or sports. After the initial examination, repeat examinations are required every two years. Each participant in a sport program must complete a health questionnaire before participating in each sport.

P5141(i)

Students

Student Health Services

Health Assessments/Interscholastic Sports Programs (continued)

Parents are expected to use the services of their private physician. If a student is unable to obtain a health assessment from his/her personal physician for financial or other reasons, an examination can be arranged with school medical advisor. Health assessment results shall be recorded on forms provided by the Connecticut State Board of Education, signed by the examining physician, school medical advisor or advisor’s designee, filed in the student’s health folder, and maintained up to date by the school nurse.

Coaches and physical education staff shall insure appropriate monitoring of an athlete’s physical condition.

Student Medical Care at School

School personnel are responsible for the immediate care necessary for a student whose sickness or injury occurs on the school premises during school hours or in school-sponsored and supervised activities.

Schools shall maintain files of emergency information cards for each student. If a child’s injury requires immediate care, the parent or guardian will be called by telephone by the nurse, the building principal, or other personnel designated by the principal, and advised of the student’s condition. When immediate medical or dental attention is indicated, and when parents or guardians cannot be reached, the student will be transported to the nearest hospital unless otherwise indicated on the student’s Emergency Information card. In this event, the family physician/dentist and school district medical advisor will be notified of school district actions.

(cf. 5125.11 - Health/Medical Records HIPAA)

(cf. 5142 - Student Safety)

(cf. 5141.3 - Health Assessments & Immunizations)

(cf. 5141.4 - Child Abuse and Neglect)

(cf. 5141.5 - Suicide Prevention)

(cf. 6142.1 - Family Life and Sex Education)

(cf. 6145.2 - Interscholastic/Intramural Athletics)

(cf. 6171 - Special Education)

Legal Reference: Connecticut General Statutes

10-203 Sanitation.

10-204a Required immunizations, as amended by PA 15-174 & PA 15-242 and PA 21-6

10-204c Immunity from liability

10-205 Appointment of school medical advisors.

P5141(j)

Students

Student Health Services

Legal Reference: Connecticut General Statutes (continued)

10-206 Health assessments, as amended by PA 07-58, PA 11-179 and PA 18-168.

10-206a Free health assessments.

10-207 Duties of medical advisers, as amended by PA 12-198.

10-208 Exemption from examination or treatment.

10-208a Physical activity of student restricted; boards to honor notice.

10-209 Records not to be public. (as amended by PA 03-211)

10-210 Notice of disease to be given parent or guardian.

10-212 School nurses and nurse practitioners.

10-212a Administration of medicines by school personnel.

10-213 Dental hygienists.

10-214 Vision, audiometric and postural screening: When required; notification of parents re defects; record of results. (As amended by PA 96-229 An Act Concerning Scoliosis Screening)

10-214a Eye protective devices.

10-214b Compliance report by local or regional board of education.

10‑217a Health services for children in private nonprofit schools. Payments from the state, towns in which children reside and private nonprofit schools.

Department of Public Health, Public Health Code – 10-204a-2a, 10-204a-3a and 10-204a-4

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g).

42 U.S.C. 1320d-1320d-8, P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

PA 18-168 An Act Concerning the Department of Public Health’s Recommendations Regarding Various Revisions to the Public Health Statutes, Sections 7-9, 539 & 540.

5141.21(a) Administration of Medicines by School Personnel

The purpose of this policy is for the Board of Education (Board) to determine who shall administer medications in a school and the circumstances under which self-administration of medication by students shall be permitted.

The Board of Education allows students to self-administer medication and school personnel to administer medication to students in accordance with the established procedures, and applicable state regulations, sections 10-212a-1 through 10-212a-10 inclusive. In order to provide immunity afforded to school personnel who administer medication, the Board of Education, with the advice and approval of the School Medical Advisor and the school nurse supervisor, shall review and/or revise this policy and regulation biennially concerning the administration of medications to District students by a nurse, or in the absence of a nurse, by qualified personnel for schools. The District’s School Medical Advisor (or other qualified physician) shall approve this policy, its regulations and any changes prior to adoption by the Board.

Definitions

Administration of medication means any one of the following activities: handling, storing, preparing or pouring of medication; conveying it to the student according to the medication order; observing the student inhale, apply, swallow, or self-inject the medication, when applicable; documenting that the medication was administered; and counting remaining doses to verify proper administration and use of the medication.

Advanced practice registered nurse means an individual licensed pursuant to C.G.S. 20-94a.

Authorized prescriber means a physician, dentist, optometrist, advanced practice registered nurse or physician assistant, and for interscholastic and intramural athletic events only, a podiatrist.

Before- and after-school program means any child care program operated and administered by a local or regional Board of Education or municipality exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of C.G.S. 19a-77. Such programs shall not include public or private entities licensed by the Office of Early Childhood or Board of Education enhancement programs and extra-curricular activities.

Board of Education means a local or regional Board of Education, a regional educational service center, a unified school district, the regional vocational-technical school system, an approved private special education facility, the Gilbert School, the Norwich Free Academy, Woodstock Academy or a non-public school whose students receive services pursuant to Section 10-217a of the Connecticut General Statutes.

Cartridge injector means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for emergency first aid response to allergic reaction.

Coach means any person holding a coaching permit hired by the Board of Education to coach for a sport season.

Controlled drugs means those drugs as defined in Connecticut General Statutes Section 21a-240.

Cumulative health record means the cumulative health record of a student mandated by Connecticut General Statutes Section 10-206.

Director means the person responsible for the operation and administration of any school readiness program or before- and after-school program.

Eligible student means a student who has reached the age of eighteen or is an emancipated minor.

Error means:

(1) the failure to do any of the following as ordered:

(a) administer a medication to a student;

(b) administer medication within the time designated by the prescribing physician;

(d) administer the correct dosage of medication;

(e) administer medication by the proper route; and/or

(f) administer the medication according to generally accepted standards of practice; or

(2) the administration of medication to a student which is not ordered by an authorized prescriber, or which is not authorized in writing by the parent or guardian of such student, except for the administration of epinephrine for the purpose of emergency first aid pursuant to Connecticut General Statutes 10-212a and Section 10-212a-2 of the Regulations of Connecticut State Agencies.

Extracurricular activities means activities sponsored by local or regional Boards of Education that occur outside of the school day, are not part of the educational program, and do not meet the definition of before- and after-school programs and school readiness programs.

Guardian means one who has the authority and obligations of guardianship of the person of a minor, and includes: (1) the obligation of care and control; and (2) the authority to make major decisions affecting the minor’s welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment.

Intramural athletic events means tryouts, competition, practice, drills, and transportation to and from events that are within the bounds of a school district for the purpose of providing an opportunity for students to participate in physical activities and athletic contests that extend beyond the scope of the physical education program.

Interscholastic athletic events means events between or among schools for the purpose of providing an opportunity for students to participate in competitive contests which are highly organized and extend beyond the scope of intramural programs and includes tryouts, competition, practice, drills, and transportation to and from such events.

Investigational drug means any medication with an approved investigational new drug (IND) application on file with the Food and Drug Administration (FDA), which is being scientifically tested and clinically evaluated to determine its efficacy, safety and side effects and which has not yet received FDA approval.

Licensed athletic trainer means a licensed athletic trainer employed by the school district pursuant to Chapter 375a of the Connecticut General Statutes.

Medication means any medicinal preparation including over-the-counter, prescription and controlled drugs, as defined in Connecticut General Statutes Section 21a-240. This definition includes Aspirin, Ibuprofen or Aspirin substitutes containing Acetaminophen.

Medication emergency means a life-threatening reaction of a student to a medication.

Medication plan means a documented plan established by the school nurse in conjunction with the parent and student regarding the administration of medication in school. Such plan may be a stand-alone plan, part of an individualized health care plan, an emergency care plan or a medication administration form.

Medication order means the written direction by an authorized prescriber for the administration of medication to a student which shall include the name of the student, the name and generic name of the medication, the dosage of the medication, the route of administration, the time of administration, the frequency of administration, the indications for medication, any potential side effects including overdose or missed dose of the medication, the start and termination dates not to exceed a 12-month period, and the written signature of the prescriber.

Nurse means an advanced practice registered nurse, a registered nurse or a practical nurse licensed in Connecticut in accordance with Chapter 378 of the Connecticut General Statutes.

Occupational therapist means an occupational therapist employed full time by the local or regional board of education and licensed in Connecticut pursuant to Chapter 376a of the Connecticut General Statutes.

Optometrist means an optometrist licensed to provide optometry pursuant to Chapter 380 of the Connecticut General Statutes.

Paraprofessional means a health care aide or assistant or an instructional aide or assistant employed by the local or regional Board of Education who meets the requirements of such Board for employment as a health care aide or assistant or instructional aide or assistant.

Physical therapist means a physical therapist employed full time by the local or regional Board of Education and licensed in Connecticut pursuant to Chapter 376 of the Connecticut General Statutes.

Physician means a doctor of medicine or osteopathy licensed to practice medicine in Connecticut pursuant to Chapters 370 and 371 of the Connecticut General Statutes, or licensed to practice medicine in another state.

Physician assistant means an individual licensed to prescribe medications pursuant to Section 20-12d of the Connecticut General Statutes.

Podiatrist means an individual licensed to practice podiatry in Connecticut pursuant to Chapter 375 of the Connecticut General Statutes.

Principal means the administrator in the school.

Qualified medical professional, as defined in C.G.S. 10-212, means a physician licensed under Chapter 370, an optometrist licensed to practice optometry under Chapter 380, an advanced practice registered nurse licensed to prescribe in accordance with Section 20-94a or a physician assistant licensed to prescribe in accordance with Section 20-12d.

Qualified personnel for schools means (a) a qualified school employee who is a full time employee or is a coach, athletic trainer, or school paraprofessional or for school readiness programs and before and after school programs, means the director or director’s designee and any lead teachers and school administrators who have been trained in the administration of medications. For school readiness programs and before- and after-school programs, Directors or Director’s designee, lead teachers and school administrators who have been trained in the administration of medication may administer medications pursuant to Section 10-212a-10 of the State regulations.

Qualified school employee, as defined in C.G.S. 10-212, means a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or school paraprofessional.

Research or study medications means FDA-approved medications being administered according to an approved study protocol. A copy of the study protocol shall be provided to the school nurse along with the name of the medication to be administered and the acceptable range of dose of such medication to be administered.

School means any educational facility or program which is under the jurisdiction of the Board excluding extracurricular activities.

School medical advisor means a physician appointed pursuant to C.G.S. 10-205.

School nurse means a nurse appointed in accordance with Connecticut General Statutes Section 10-212.

School nurse supervisor means the nurse designated by the local or regional Board of Education as the supervisor or, if no designation has been made by the Board, the lead or coordinating nurse assigned by the Board.

School readiness program means a program that receives funds from the State Department of Education for a school readiness program pursuant to subsection (b) of Section 10-16p of the Connecticut General Statutes and exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of Section 19a-77 of the Connecticut General Statutes.

Self-administration of medication means the control of the medication by the student at all times and is self-managed by the student according to the individual medication plan.

Supervision means the overseeing of the process of the administration of medication in a school.

her means a person employed full time by a Board of Education who has met the minimum standards as established by that Board for performance as a teacher and has been approved by the School Medical Advisor and school nurse to be designated to administer medications pursuant to the Regulations of Connecticut State Agencies Sections 10-212a-l through 10-212a-7.

General Policies on Administration of Medication

A child with diabetes may test his/her own blood glucose level per the written order of a physician stating the need and the capacity of such child to conduct self-testing along with written authorization of the parent/guardian. Such self-testing shall be pursuant to guidelines promulgated by the Commissioner of Education. The time or place where a student with diabetes may test his/her blood-glucose level on school grounds shall not be restricted provided the student has written parental/guardian permission and a written order from a physician licensed in Connecticut.

The school nurse or school principal shall select a qualified school employee to, under certain conditions, give a glucagon injection to a student with diabetes who may require prompt treatment to protect him/her from serious harm or death. The nurse or principal must have the written authority from the student’s parent/guardian and a written order from the student’s Connecticut-licensed physician. The authorization shall be limited to situations when the school nurse is absent or unavailable. No qualified school employee shall administer this medication unless he/she has annually completed any training required by the school nurse and school medical advisor in the administration of medication with injectable equipment used to administer glucagon, the school nurse and school medical advisor must attest that the qualified school employee has completed such training and the qualified school employee voluntarily agrees to serve as a qualified school employee. The injections are to be given through an injector or injectable equipment used to deliver an appropriate dose of glucagon as emergency first aid response to diabetes.

A child diagnosed with asthma or an allergic condition, pursuant to State Board of Education regulations, may carry an inhaler or an Epipen or similar device in the school at all times if he/she is under the care of a physician, physician assistant, or advanced practice registered nurse (APRN) and such practitioner certifies in writing to the Board of Education that the child needs to keep an asthmatic inhaler or Epipen at all times to ensure prompt treatment of the child’s asthma or allergic condition and protect the child against serious harm or death. A written authorization of the parent/guardian is also required.

A school nurse may administer medication to any student pursuant to the written order of an authorized prescriber (physician, dentist, optometrist, an advanced practice registered nurse, or a physician assistant and for interscholastic and intramural athletic events only, a podiatrist) and the written authorization of a parent or guardian of such child or eligible student and the written permission of the parent/guardian for the exchange of information between the prescriber and the school nurse necessary to ensure the safe administration of such medication.

In the absence of a school nurse, any other nurse licensed pursuant to the provisions of Chapter 378, including a nurse employed by, or providing services under the direction of the Board of Education at a school-based clinic, only qualified personnel for schools who have been properly trained may administer medications to students as delegated by the school nurse upon approval of the School Medical Advisor and the school nurse may administer medication to any student in the school following the successful completion of specific training in administration of medication and satisfactory completion of the required criminal history check.

Medications with a cartridge injector may be administered by qualified personnel for schools only to a student with a medically diagnosed allergic condition which may require prompt treatment to protect the student against serious harm or death. Qualified personnel for schools, as defined, may administer oral, topical, intranasal, or inhalant medication in the absence of a licensed nurse. Investigational drugs or research or study medications may not be administered by qualified personnel for schools.

Coaches and licensed athletic trainers during intramural and interscholastic events may administer medications pursuant to Section10-212a-9 of the Regulations of Connecticut State Agencies and as described in this policy and in the administrative regulations to this policy.

In compliance with all applicable state statutes and regulations, parents/guardians may administer medications to their own children on school grounds.

Administration of Medication by Paraprofessionals

A specific paraprofessional, through a plan approved by a school nurse supervisor and School Medical Advisor, may administer medications including medications administered with a cartridge injector, to a specific student with a medically diagnosed allergic condition that may require prompt treatment in order to protect the student against serious harm or death pursuant to Section 10-212a-9 of the Regulations of Connecticut State Agencies and as described in the administrative regulations. The approved plan also requires the written authorization of the student’s parent/guardian and pursuant to the written order from the student’s authorized prescriber licensed to prescribe medication.

Administration of Medications in School Readiness Programs and Before- and After- School Programs

Directors, or their designees, who may include lead teachers or school administrators, who have been properly trained, may administer medications to students as delegated by the school nurse or other registered nurse, in school readiness programs and before- and after-school programs that are child care programs. Such programs must either be District-administered or administered by a municipality exempt from licensure by the Department of Public Health and are located in a District public school. Medicine may be administered pursuant to the Regulations of Connecticut State Agencies, Section 10-212a-10, to children enrolled in these programs.

P5141.21(h)

Administration of medications shall be provided only when it is medically necessary for program participants to access the program and maintain their health status while attending the program. A child attending any before- or after-school program, defined as any child care program operated and administered by the Board in any building or on the grounds of any district school, upon the request and with the written authorization of the child’s parent/guardian and pursuant to the written order from the student’s authorized prescriber, will be supervised by the District staff member (Director or designee, lead teacher, school administrator) trained to administer medication including a cartridge injector. Such administration shall be to a particular student medically diagnosed with an allergy that may require prompt treatment to avoid serious harm or death.

Investigational drugs or research or study medications may not be administered by Directors or their designees, lead teachers or school administrators.

Properly trained Directors, Directors’ designees, lead teachers or school administrators may administer medications to students as delegated by the school nurse or other registered nurse. They may administer oral, topical, intranasal, or inhalant medications. No medication shall be administered without the written order of an authorized prescriber and the written approval of the parent/guardian.

The selected staff member shall be trained in the use of a cartridge injector by either a licensed physician, physician’s assistant, advanced practice registered nurse or registered nurse. (Optional: The selected staff member is also required to complete a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any Director of Health.)

The administration shall determine, in cooperation with the School Medical Advisor and school nurse [supervisor] whether additional school nursing services/nurses are required based on the needs of the program and the participants in the program. This determination shall include whether a licensed nurse is required on site. The recommendation shall be subject to Board approval.

The Board will allow students in the school readiness and before- and after-school programs to self-administer medication according to the student’s individual health plan and only with the written order of an authorized prescriber, written authorization of the child’s parent or guardian, written approval of the school nurse (The nurse has evaluated the situation and deemed it appropriate and safe and has developed a plan for general supervision of such self-medication.), and with the written permission of the parent or guardian for the exchange of information between the prescriber and the school nurse necessary to ensure the safe administration of such medication.

P5141.21(i)

An error in the administration of medication shall be reported immediately to the school nurse, the parents/guardians and the prescribing physician. In case of an anaphylactic reaction or the risk of such reaction a school nurse may administer emergency oral and/or injectable medication to any child in need thereof on school grounds, or in the school building, according to the standing order of the School Medical Advisor or the child’s private physician. However, in an emergency any other person trained in CPR and First Aid may administer emergency oral and/or injectable medication to any child in need on school grounds, or in the school building. In addition, local poison control center information shall be readily available at the sites of these programs. The Program Director or his/her designee shall be responsible for decision making in the absence of the nurse.

In the event of a medical emergency, the following will be readily available: (1) local poison information center contact information; (2) the physician, clinic or emergency room to be contacted in such an emergency; and (3) the name of the person responsible for the decision making in the absence of a school nurse.

All medications shall be handled and stored in accordance with the provisions of subsection (a) to (k) inclusive of the Regulations of Connecticut State Agencies, as outlined in the accompanying administrative regulation to this policy.

Where possible, a separate supply of the child’s medication shall be stored at the site of the before- or after-school program or school readiness program. If this is not possible, a plan should be in place to ensure the timely transfer of the medication from the school to the program and back on a daily basis.

Documentation and record keeping shall be done in compliance with the stipulations outlined in the administrative regulation accompanying this policy.

THE PORTION OF THIS POLICY PERTAINING TO THE ADMINISTRATION OF MEDICATION IN SCHOOL READINESS PROGRAMS AND BEFORE- AND AFTER-SCHOOL PROGRAMS SHALL BE REVIEWED BY THE BOARD ON AN ANNUAL BASIS WITH INPUT FROM THE SCHOOL MEDICAL ADVISOR OR A LICENSED PHYSICIAN AND THE SCHOOL NURSE SUPERVISOR.

Administration of Medication by Coaches and Licensed Athletic Trainers During Intramural and Interscholastic Events

During intramural and interscholastic athletic events, a coach or licensed athletic trainer who has been trained in the general principles of medication administration applicable to receiving, storing, and assisting with inhalant medications or cartridge injector medications and documentation, may administer medication for select students for whom self-administration plans are not viable options as determined by the school nurse.

P5141.21(j)

The medication which may be administered is limited to: (1) inhalant medications prescribed to treat respiratory conditions and (2) medication administered with a cartridge injector for students with a medically diagnosed allergic condition which may require prompt treatment to protect the student against serious harm or death.

The school nurse is responsible for the student’s individualized medication plan and shall provide the coach with a copy of the authorized prescriber’s order and the parental/guardian permission form. Parents are responsible for providing the medication, such as the inhaler or cartridge injector, to the coach or licensed athletic trainer, which shall be kept separate from the medication stored in the school health office during the school day.

Medications to be used in athletic events shall be stored in containers for the exclusive use of holding medications; in locations that preserve the integrity of the medication; under the general supervision of the coach or licensed athletic trainer trained in the administration of medication; and in a locked secure cabinet when not in use at athletic events.

The agreement of the coach or licensed athletic trainer is necessary for the administration of emergency medication and the implementation of the emergency care plan.

Coaches and athletic trainers are required to fulfill the documentation requirements as outlined in the administrative regulations accompanying this policy. Errors in the administration of medication shall be addressed as specified in Section 10-212a-6 of the Regulations of Connecticut State Agencies, and detailed in the administrative regulation pertaining to this policy. If the school nurse is not available, a report may be submitted by the coach or licensed athletic trainer to the school nurse on the next school day.

Storage and Administration of Epinephrine

Storage and Use of Epinephrine Cartridge Injectors (Emergency Administration of Epinephrine to Students without Prior Written Authorization)

A school nurse or, in the absence of a school nurse, a “qualified school employee” who has completed the training required by PA 14-176, shall maintain epinephrine in cartridge injectors for the purpose of emergency first aid to students who experience allergic reactions, who were not previously known to have serious allergies and who do not have a prior written authorization of a parent/guardian or a prior written order of a qualified medical professional for the administration of epinephrine.

Note: Epipens expire yearly. Therefore, schools are responsible for refilling their prescriptions annually. It is estimated that each school would require two to three two-pack epipens.

P5141.21(k)

The school nurse or school principal shall select qualified school employees who voluntarily agree to be trained to administer such epinephrine as emergency first aid. There shall be at least one such qualified school employee on the grounds of each District school during regular school hours in the absence of the school nurse. Each school must maintain a supply of epinephrine in cartridge injectors (epipens) for such emergency use.

Note: This requirement pertains only during regular school hours and does not include after-school activities.

The school shall fulfill all conditions and procedures promulgated in the regulations established by the State Board of Education (Section 10-212a-2) for the storage and administration of epinephrine by school personnel to students for the purpose of emergency first aid to students who experience allergic reaction and do not have prior written authorization for epinephrine administration.

The school nurse or, in the absence or unavailability of such school nurse, such qualified school employee may administer epinephrine to a student experiencing a life-threatening undiagnosed allergic reaction as emergency first aid, to students who do not have a prior written authorization from a parent or guardian or a prior written order from a qualified medical professional for the administration of epinephrine. A qualified school employee must annually complete the required training program in order to be permitted to administer epinephrine utilizing an epipen.

Following the emergency administration of epinephrine by a qualified school employee to a student who does not have a prior written authorization of a parent/guardian or a prior written order of a qualified medical professional, such administration must be reported immediately to the school nurse or medical advisor, the student’s parent/guardian by the school nurse or the qualified school employee and a medication administration record shall be submitted by the qualified school employee at the earliest possible time, but not later than the next school day. Such record must be filed in or summarized on the student’s cumulative health record.

The parent/guardian of a student may submit, in writing, to the school nurse and school medical advisor, if any, that epinephrine shall not be administered to his/her child permitted by statute. The District shall annually notify parents/guardians of the need to provide such written notice.

The Board of Education, recognizing this emergency use of epinephrine for previously undiagnosed students, per the statute, is to take place during “regular school hours” establishes such hours to be from the arrival of the first students to the school site to the departure of the last bus serving the school at the conclusion of the day’s instructional programs.

Note: The regulations indicate that boards of education determine the regular school hours for each school. Another definition could be the hours specified in the Teacher’s Contract for the normal school/employment day in terms of hours.

P5141.21(l)

With the written authorization of a student’s parent/guardian, and pursuant to the written order of a physician, a school nurse (and a school medical advisor, if any), shall select and provide general supervision to a qualified school employee, who voluntarily agrees to serve as a qualified school employee, to administer anti-epileptic medication, including by rectal syringe, to a specific student with a medically diagnosed epileptic condition that requires prompt treatment in accordance with the student’s individual seizure action plan. Such authorization is limited to situations when the school nurse is absent or unavailable. No qualified school employee shall administer such medication unless he/she annually completes the training program developed by the State Department of Education, in consultation with the School Nurse Advisory Council.

In addition the school nurse (and school medical advisor, if any), shall attest, in writing, that such qualified school employee has completed the required training. The qualified school employee shall also receive monthly reviews by the school nurse to confirm his/her competency to administer anti-epileptic medication. For purposes of the administration of anti-epileptic medication, a “qualified school employee” means a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the District, coach or school paraprofessional.

(cf. 4112.5/4212.5 – Security Check/Fingerprinting)

(cf. 5141 – Student Health Services)

(cf. 5141.23 – Students with Special Health Care Needs)

Legal Reference: Connecticut General Statutes

10-206 Health Assessment

10-212 School nurses and nurse practitioners. Administration of medications by parents or guardians on school grounds. Criminal history; records check.

10-212a Administration of medications in schools. (as amended by PA 99-2, and June Special Session and PA 03-211, PA 04-181, PA 07-241, PA 07-252, PA 09-155, PA 12-198, PA 14-176 and PA 15-215)

10-220j Blood glucose self-testing by children. Guidelines. (as amended by PA 12-198)

19a-900 Use of cartridge injector by staff member of before- or after-school program, day camp or day care facility.

21a-240 Definitions

29-17a Criminal history checks. Procedure. Fees.

52-557b Immunity from liability for emergency medical assistance first aid or medication by injection. School personnel not required to administer or render. (as amended by PA 05-144, An Act Concerning the Emergency Use of Cartridge Injectors)

Connecticut Regulations of State Agencies 10-212a-1 through 10-212a-10, inclusive, as amended.

Code of Federal Regulations: Title 21 Part 1307.2.

20-12d Medical functions performed by physician assistants. Prescription authority.

20-94a Licensure as advanced practice registered nurse.

PA 07-241 An Act Concerning Minor Changes to the Education Statutes

29-17a Criminal history checks. Procedure. Fees

For a copy of the following forms please contact our Central Office at 860-379-0706.

5141.21 - Form 1 Authorization for the Administration of Medication by School Personnel
5141.21 - Form 2 Individual Student Medication Record
5141.21 - Form 3 Medication Error or Incident Report
5141.21 - Form 4 Record of Training of Qualified Personnel for Schools
5141.21 - Form 5 Record of Education/Supervision for Authorized Personnel for Schools
5141.21 - Form 6 HIPAA-Compliant Authorization for Exchange of Health & Educational Information
5141.21 - Form 7 Individualized Health Care Plan

5141.213 Administering Medication Opioid Overdose Prevention

Board of Education Policy Regarding:
Students – Administering Medication
Opioid Overdose Prevention (Emergency Administration of Naloxone)
Policy # 5141.213
New: 12/13/2022
Supersedes / Amends:

The Board of Education (Board) is committed to enhancing the health and safety of individuals within the school environment. The District will identify specific locations for the storage of Naloxone and protocols for its administration in emergency situations to assist individuals suspected to be experiencing an opioid overdose.

Definitions

Drug overdose means an acute medical condition, including, but not limited to, severe physical illness, coma, mania, hysteria, or death, which is the result of consumption or use of one or more controlled substances causing an adverse reaction. The signs of opioid overdose include unresponsiveness; unconsciousness; shallow breathing with a rate less than 10 breaths per minute or not breathing at all; blue or gray face, especially fingernails and lips; and loud, uneven snoring or gurgling noises.

Naloxone (Narcan) means a medication that can reverse an overdose caused by an opioid drug. As a narcotic antagonist, Naloxone displaces opiates from receptor sites in the brain and reverses respiratory depression that usually is the cause of overdose deaths.

Opioid means illegal drugs such as heroin, as well as prescription medications used to treat pain such as morphine, codeine, methadone, oxycodone (OxyContin, Percodan, Percocet), hydrocodone (Vicodin), fentanyl, hydromorphone (Dilaudid), and buprenorphine.

Delegation of Responsibility

The Board directs the school physician/School Medical Advisor to issue a non-patient specific order to District school nurses to administer (intranasal) Naloxone (also known as Narcan, among other names) for the purpose of emergency first aid to students or staff who do not have a prior written order from a qualified medical professional for the administration of Naloxone. The non-patient specific order shall include a written protocol containing the elements required by the regulations of the Department of Consumer Protection.

The Board permits school nurses to administer Naloxone to any person at school or a school event displaying symptoms of an opioid overdose. The District will store the Naloxone kits in a secure but accessible location consistent with the district's emergency response plan, such as the nurse's office. Naloxone shall be accessible during school hours and during on-site school-sponsored activities.

Acquisition, Storage and Disposal

Naloxone shall be safely stored in the school nurse's office or other location designated by the school nurse in accordance with the drug manufacturer's instructions.

The school nurse shall obtain sufficient supplies of Naloxone pursuant to the standing order in the same manner as other medical supplies acquired for the school health program. The school nurse or designee shall regularly inventory and refresh Naloxone stocks, and maintain records thereof. In accordance with internal procedures, manufacturer's recommendations and any applicable Department of Public Health guidelines.

(cf. 5141 - Administering Medications)

Legal Reference: Connecticut General Statutes

10-212 School nurses and nurse practitioners. Administration of medications by parents or guardians on school grounds. Criminal history; records check.

10-212a Administration of medications in schools.

17a-714 Immunity for prescribing, dispensing or administering an opioid antagonist to treat or prevent a drug overdose.

21a-279(g)Penalty for illegal possession. Alternate sentences. Immunity.

52-557b Immunity from liability for emergency medical assistance first aid or medication by injection. School personnel not required to administer or render.

Connecticut Regulations of State Agencies 10-212a-1 through 10-212a-10, inclusive, as amended.

PA 22-80 An Act Concerning Childhood Mental and Physical Health Services in School

Policy adopted:

R5141.213

Students

Administering Medication

Opioid Overdose Prevention (Emergency Administration of Naloxone)

The District's opioid overdose prevention program shall establish and follow appropriate procedures for the use of Naloxone (Narcan), regarding placement, storage, inventory, reordering, documenting and reporting incidents of usage and training.

Communication

Each school stocking Naloxone (Narcan) will have the school nurse, along with the District administration, plan for annually informing all parents/guardians and staff about the policy pertaining to its use and specifically:

• The availability of Naloxone to treat opioid overdoses and what it does;

• The symptoms of opioid drug overdoses;

• The manner in which individuals should report suspected overdoses;

• The protection from criminal prosecution provided by law for persons who report a suspected overdose using their name and remaining with the overdosing person until emergency medical services (EMS) or law enforcement arrive;

• The protection from civil liability provided by law for persons who report overdoses or administer Naloxone (Narcan) in overdose emergencies.

Standing Order from the School Physician/School Medical Advisor

The school physician/School Medical Advisor shall provide and annually renew a standing order for administration of Naloxone (Narcan) to students or staff suspected of experiencing an opioid overdose. The standing order shall be maintained in the Superintendent's office and copies of the standing order shall be kept in each location where Naloxone (Narcan) is stored.

Training

School nurses having custody of Naloxone shall be trained in its use by the Winchester EMT Department, school physician/School Medical Advisor, or Department of Public Health (DPH) approved training or from the appropriate division of the Connecticut State Department of Education. Such training program shall include overdose risk factors, recognizing opioid-related overdoses, calling 911, rescue breathing administering Naloxone (Narcan), recovery position and promptly seeking medical attention for drug overdoses.

The following signs may indicate an overdose situation:

• The person is unresponsive or limp.

• The person is awake but unable to talk.

• The person's breathing is slow or erratic, or the individual is not breathing.

• The person's pulse is slow or erratic, or there is no pulse.

• The person's skin is pale gray or blue, especially around the fingernails and lips.

• The person is making deep, slow snoring, choking, or gurgling sounds.

• The person is vomiting.

A list of District individuals who successfully completed such training shall be maintained, updated, and kept in the school nurse's office and the District's Central Office.

Acquisition, Storage, and Disposal

The school physician/School Medical Advisor shall order for each school site Naloxone (Narcan) from a properly credentialed wholesaler of drugs, cosmetics, and medical devices.

Naloxone (Narcan) will be clearly marked and stored in the nurse's office. It will be stored in accordance with the manufacturer's instructions to avoid extreme cold, heat, and direct sunlight. It is to be stored in moderate temperatures, out of direct sunlight, and not in a refrigerator.

Inspection of the Naloxone is to be conducted regularly by the school nurse. The expiration date is to be checked. Expiration is generally 12 to 24 months.

There should always be one backup naloxone kit for each kit that is ready to be used per building. When a Naloxone kit is used, another backup kit is to be ordered. Naloxone that is nearing its expiration date should be replaced. The school nurse is to maintain a log of Naloxone supplies containing the following information: lot number, date of receipt, expiration date, and location. The school nurse shall perform an inventory check on a monthly basis.

Administration of Naloxone (Narcan)

When responding to a suspected drug overdose, the school nurse shall:

1. Call for medical help immediately (Dial 911).

2. Check for signs of opioid overdose.

3. Perform initial rescue breathing (or CPR if needed), as instructed in training.

4. Prepare and administer Naloxone (Narcan), as instructed in training.

5. Continue the rescue breathing (or CPR if needed), as instructed in training.

6. Administer second dose of Naloxone (Narcan) in 3 minutes if no response or minimal breathing or responsiveness.

7. Place in recovery position, as instructed in training.

8. Stay with the individual until emergency medical help arrives.

9. Cooperate with EMS personnel responding to the incident.

10. Notify the building administrator or designee of the incident.

Follow-Up

After the administration of Naloxone (Narcan) the school nurse will follow the District's reporting protocols.

The school nurse, or other staff, is also to notify appropriate student services and provide substance abuse prevention resources to the overdose victim and family, as appropriate.

School nurses are to document all administration of Naloxone (Narcan) in the same manner as the administration of other medications under non-patient specific orders. The school nurse must report all administration of Naloxone (Narcan) to the school physician/School Medical Advisor, Building Principal, and Superintendent.

The Superintendent or their designee will immediately report incidents involving the use of controlled substances on school property, at any school-sponsored activity or on a school bus to the local police department in accordance with state law and regulations, the procedure set forth in the memorandum of understanding with local law enforcement and Board policies.

The Superintendent or their designee will notify the parent/guardian of any student involved in an incident involving the use of controlled substances as soon as practicable. All attempts made to reach the parent/guardian will be documented.

Any student who experiences a drug overdose is to be referred to the District's Student Assistance Program.

Regulation approved: 12-13-2022

5141.214 Student Sunscreen Use

Board of Education Policy Regarding:

Students – Student Sunscreen Use
Policy # 5141.214 (a)

New: 12/10/2019
Supersedes/Amends:

Students - Student Sunscreen Use

The Board of Education (Board) believes in promoting sun safety to ensure that children are protected from skin damage caused by harmful ultra-violet rays in sunlight. The Board believes that by encouraging sun safe behavior and teaching children about the risks of sunlight, they can be protected from skin damage and lessen the risk of skin cancer.

The purpose of this policy is to allow any student who is six years of age or older, to possess and self-apply an over-the-counter sunscreen product while in school prior to engaging in any outdoor activity, provided a written authorization is signed by the student’s parent/guardian and is submitted to the school nurse. The written permission from an authorized health care provider is not necessary.

Implementing Procedures:

Students are allowed to carry and use sunscreen, during school hours, without a physician’s note or prescription on school property or at a school-sponsored activity provided the student’s parent/guardian has provided written authorization to the school nurse. (See sample form)
Students/Parents/Guardians are to provide the sunscreen product for school use. The sunscreen must be:
1. Clearly marked with the child’s name.
2. Replenished by the parent/guardian as needed.
3. A product regulated by the U.S. Food and Drug Administration for over-the-counter use.
Aerosol sunscreens, as well as combined sunscreen and insect repellents are prohibited.
The District is not responsible for ensuring that the non-aerosol topical sunscreen product is applied by the student.
The sunscreen product is to be stored in the student’s book bag/back pack or other location designated by the teacher.
Students are not to share sunscreen with other students.
The student must be able to apply his/her own sunscreen
School personnel are not to assist students in the application of sunscreen. *

* For outside events with prolonged sun exposure, students may self-apply with the form completed. Staff may assist if necessary on days where extended exposure is possible; staff will remind children to reapply throughout the event.

Subject to the provisions of the dress code policy, students are allowed to wear articles of sun-protective clothing, including hats and glasses, when not in school buildings. Clothing that protects the skin should be worn, particularly for outdoor activities and school trips.
It is recommended that the sunscreen used by students be a high factor sunscreen with a sun protection factor (SPF) rating of 15 or higher.
Parents/guardian of children with allergies or skin sensitivities should check with a health care provider before providing a sunscreen
Parents/guardians are encouraged to provide instruction to their children on the use of sunscreen.
Families are encouraged to visit the Center for Disease Control’s website to review the sun safety tips for families fact sheet.

Revocation or Restriction of Permission to Use Sunscreen

A school entity may revoke or restrict the possession, application or use of a non-aerosol topical sunscreen product by a student if any of the following occurs:

The student fails to comply with the school rules concerning the possession, application or use of the non-aerosol topical sunscreen product.
The student shows an unwillingness or inability to safeguard the non-aerosol topical sunscreen product from access by other students.

When a school entity revokes or restricts the possession, application or use of a non-aerosol topical sunscreen by a student, a written notice of such action shall be provided to the student’s parent/guardian.

(cf. 5132 – Student Dress Code)

(cf. 5141.21 – Administration of Medication)

Legal Reference: Connecticut General Statutes

P.A. 19-60 An Act Allowing Students to Apply Sunscreen Prior to Engaging in Outdoor Activities.

5141.214

Form

Sunscreen Use Parent/Guardian Form

Winchester Public Schools

P.A. 19-60 allows school students, six years of age or older, to possess and self-apply an over-the-counter sunscreen product while in school prior to engaging in any outdoor activity, provided a written authorization is signed by a student’s parent/guardian and is submitted to the school nurse.

The sunscreen must be non-aerosol and must be approved by the FDA for over-the-counter use for purposes of limiting ultraviolent light-induced sun damage.

The Board of Education adopted policy #5141.214, “Student Sunscreen Use,” pertaining to this new legislation.

As a parent/guardian, I attest to the following:

My child has demonstrated to me that he/she is capable of self-applying the non-aerosol sunscreen product.
I understand that I am responsible to provide the non-aerosol sunscreen product for school use, clearly marked with my child’s name and replenished as needed.
I understand that the ___________ School District is not responsible for ensuring that the sunscreen product is applied by my child.
I understand that my child is not to share his/her sunscreen product with other students.
I recognize that school personnel are not to assist my child in the application of sunscreen on regular school schedules.
* For outside events with prolonged sun exposure, students may self-apply with the form completed. Staff may assist if necessary on days where extended exposure is possible; staff will remind children to reapply throughout the event.
I understand that the school may revoke or restrict possession, application, and use of sunscreen by my child if my child fails to comply with school rules related to the sunscreen product or if my child shows an unwillingness or inability to safeguard the non-aerosol sunscreen product from access by other students.

Student’s Name: ________________________ Grade Level: ________ Teacher: _____________________

Parent/Guardian Name (printed): ____________________________________________________________

Parent/Guardian Signature: ________________________________________ Date: ____________________

Please return this completed form to your child’s teacher or school nurse.

5141.24 Students with Special Health Care Needs

ACCOMMODATING STUDENTS WITH SPECIAL DIETARY NEEDS

The Board of Education believes all students, through necessary accommodations where required, shall have the opportunity to participate fully in all school programs and activities.

In some cases, a student's disability may prevent him/her from eating meals prepared for the general school population.

Substitutions to the regular meal will be made for students who are unable to eat school meals because of their disabilities, when that need is certified in writing by a physician. Meal service shall be provided in the most integrated setting appropriate to the needs of the disabled student.

The nature of the student's disability, the reason the disability prevents the student from eating the regular school meals, including foods to be omitted from the student's diet, indication of the major life activity affected by the disability, the specific diet prescription along with the substitution(s) needed will be specifically described in a statement signed by a licensed physician. The district, in compliance with USDA Child Nutrition Division guidelines, will provide substitute meals to food‑allergic students based upon the physician's signed statement.

The Board recognizes that students with documented life‑threatening food allergies are considered disabled and are covered by The Disabilities Act and Public Law 93‑112 and Section 504 of The Rehabilitation Act of 1973. A clearly‑defined "504 Accommodation Plan" shall be developed and implemented for all such identified students in which necessary accommodations are made to ensure full participation of identified students in student activities. Such plan shall be signed by the appropriate staff, the parent/guardian of the student and the student's physician.

All schools are also responsible for developing and implementing guidelines for the care of food allergic students. Such guidelines shall include, but not be limited to, staff development, strategies for identifying students at risk for life‑threatening allergic reactions, means to manage the student's allergy including avoidance measures, designation of typical symptoms and dosing instructions for medications.

(cf. 5141 Student Health Services)

(cf. 5141.21 Administering Medication)

(cf. 5141.23 Students With Special Health Care Needs)

(cf. 5141.3 Health Assessments)

(cf. 5145.4 Nondiscrimination)

Legal Reference: Connecticut General Statutes

10‑15b Access of parent or guardian to student's records.

10‑154a Professional communications between teacher or nurse and student.

10‑207 Duties of medical advisors.

Section 504 of the Rehabilitation Act of 1973

Americans With Disabilities Act

FCS Instruction 783‑2, Revision 2, Meal substitution for medical or other special dietary reasons.

5141.27 Use Of Automatic External Defibrillators (AEDS)

I. Definition: Automatic External Defibrillator (AED) - means a device that:

is used to administer an electric shock through the chest wall to the heart;

contains internal decision-making electronics, computers or special software that allows it to interpret physiological signals, make medical diagnosis, and, if necessary, apply therapy;

guides the user through the process of using the device by audible or visual prompts; and

does not require the user to employ any discretion or judgment in its use.

II. Defibrillator Location

The Winchester Public Schools will have defibrillators in each school building.

The AEDs will be strategically placed and readily accessible to maximize rapid utilization.

III. Requirements for Predetermined AED Providers

The school nurse shall be held accountable for the retrieval, use, and return of the AED when it is used.

On an annual basis, school staff trained in AED use and CPR shall certify in writing that he/she has read the Winchester Public Schools AED policy and administrative regulations, and provide such certification and a copy of AED and CPR training completion documentation to the Superintendent of Schools or designee.

IV. Responsibility for Operation, Maintenance and Record-Keeping

The school nurse at each building in which an AED is installed will check the defibrillator in the building on a regular basis, at least monthly. It will be that nurse’s responsibility to verify that the unit is in the proper location, that it has all the appropriate equipment (battery, mask, case, emergency pack), that it is ready for use, and that it has performed its self-diagnostic evaluation. If the nurse notes any problems, or the AED’s self-diagnostic test has identified any problems, the nurse must contact the Superintendent of Schools or designee immediately.

After performing an AED check, the nurse shall make note on an AED service log (Appendix IV – Inspection Log) indicating that the unit has been inspected and that it was found to be “In-Service” or “Out-of-Service”.

The Superintendent of Schools or designee shall be responsible for the following:

AED service checks during the school nurses’ contracted school year.

The replacement of equipment and supplies for the AED.

The repair and service of the AED.

All recordkeeping for the equipment during the contracted year.

Training Records of Predetermined AED Providers which include:

CPR Certification

AED Certification

Maintaining a list of predetermined and properly certified AED providers approved by the Superintendent of Schools and/or the AED school Medical Advisor.

Incident record keeping.

Copies of the certifications signed by Predetermined AED Providers regarding the understanding of, and agreement to comply with, Winchester Board of Education AED policies and procedures (Appendix III – Certification of Compliance with Automatic External Defibrillator [AED] Policies and Procedures).

Providing/scheduling opportunities for CPR and AED training recertification for all Winchester Board of Education school nurses.

Assisting the school district with proper in-house training for other individuals designated by the District.

Reporting the need for revising the policy and administrative regulations to the Superintendent of Schools.

Assisting Predetermined AED Providers in other appropriate ways as determined by the administration.

Registering the AEDs in accordance with state law (Appendix V – Agency Notification Letter, and Appendix VI – Registry Form).

Procedures for Use

Predetermined AED Providers trained in AED use and CPR shall begin treatment or assume control of such equipment from the initial rescuer upon arrival at the scene of the arrest.

Prior to returning an AED to its location, the Predetermined AED Provider shall ensure that the AED is functional. Any problems with the AED shall be immediately reported to the Superintendent of Schools or designee.

The Predetermined AED Provider must sign his/her name (as soon as practicable under the circumstances) and determine its service status upon removing it from its designated location and upon returning it. (Appendix I – Service Log).

Predetermined AED Providers may only use AEDs in medically appropriate circumstances, in accordance with their training.

In the event of use, the Predetermined AED Provider shall, if possible, immediately notify the building nurse, the Superintendent of Schools, the District Medical Adviser, and the Director of Pupil Services, or designate another individual to do so.

Each time an AED is used, the AED Provider should complete a copy of the AED incident report (Appendix II – Incident Report). The report should be forwarded to the Superintendent of Schools (860-379-0706) no later than 48 hours after the incident. The Superintendent of Schools will forward a copy to the District’s Medical Advisor.

VI. Emergency Action Response Plans

By July 1, 2010, each school within the District shall develop an Emergency Action Response Plan.

Whenever a school District facility is used for a school-sponsored or school-approved curricular or extracurricular event and whenever a school-sponsored athletic contest is held at any location, the Principal or designee responsible for such school facility or athletic contest shall ensure that AED equipment is provided on-site and that there is available during such event, activity, or contest at least one staff person who is trained in accordance with applicable Connecticut statutes in the use of an AED. School-sponsored or school-approved curricular or extracurricular events or activities mean events or activities of the District that are, respectively, associated with its instructional curriculum or otherwise offered to its students. A school-sponsored athletic contest means an interscholastic or intramural activity of instruction, practice, or competition.

Each school shall maintain the AED in a central location within the building and ensure its availability for those athletic events in which the District school is the home team and for any practice or intramural athletic events that occur at the school.

The District requires that the athletic trainer, coach, other designated staff member, or a first aid, ambulance or rescue squad member is available to respond as necessary at school sporting events in which the District school is the home team, or at any team practice or intramural athletic events that occur at the school.

5141.27 Appendix I - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) SERVICE LOG

5141.27 Appendix II - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) INCIDENT REPORT

5141.27 Appendix III - CERTIFICATION OF COMPLIANCE

5141.27 Appendix IV - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) INSPECTION LOG

5141.27 Appendix V - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) AGENCY NOTIFICATION LETTER

5141.27 Appendix VI - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) REGISTRY FORM

5141.3 (a) Health Assessments and Immunizations

Board of Education Policy Regarding
Students -Health Assessments and Immunizations
Policy: 5141.3(a)
Amended: 12/13/2022
Supersedes/Amends: 12/18/1995, 2/10/2015, 3/12/2019

The Board of Education recognizes the importance of periodic health assessments, including oral assessments, according to state health regulations.

To determine health status of students, facilitate the removal of disabilities to learning and find whether some special adaptation of the school program may be necessary, the Board of Education requires that students have health assessments.

The Board of Education adheres to those state laws and regulations that pertain to school immunizations and health assessments, including oral health assessments. It is the policy of the Board of Education to ensure that all enrolled students are adequately immunized against communicable diseases. The Board may deny continued attendance in school to any student who fails to obtain the health assessments required under C.G.S. 10-206, as may be periodically amended.

The Superintendent shall designate the school nurse to receive reports of health assessments and immunizations from health care providers.

Parents/Guardians wishing their children exempted or excused from health assessments, on religious grounds, must request such exemption to the Superintendent of Schools in writing. This request must be signed by the parent/guardian.

Parents/Guardians may present a medical exemption form developed by the Department of Public Health (DPH), posted on the DPH website that their medical provider believes a required vaccination is medically contraindicated for their child based on the child's medical condition. The DPH form is to be signed by a physician, physician assistant or advanced practice registered nurse.

Any child enrolled in kindergarten through twelfth grade on or before April 28, 2021, whose parents/guardians had presented a notarized religious exemption written request before April 28, 2021, will be permitted continued use of the exemption even if such child transfers to another school in Connecticut.

Any child enrolled in preschool or pre-kindergarten on or before April 28, 2021, whose parents/guardians submitted the statement necessary for the religious exemption will have until September 1, 2022, to comply with Connecticut's required immunizations, or within fourteen days after transferring to a different public or private school program, whichever is later. The deadline for such preschool or pre-K student to comply with the immunization requirements can be altered if the school/District is provided with a written declaration from the child's physician, physician assistant, or advanced practice registered nurse recommending a different immunization schedule for the child.

It is the responsibility of the Principal to insure that each student enrolled has been adequately immunized and has fulfilled the required health assessments. The school nurse shall check and document immunizations and health assessments on all students enrolling in school and to report the status to the school principal. The school nurse shall also contact parents or guardians to make them aware if immunizations and/or health assessments are insufficient or not up-to-date. The school nurse will maintain in good order the immunization and health assessment records of each student enrolled.

Students born in high-risk countries and entering school in Connecticut for the first time should receive either TST (tuberculin skin test) or IGRA (interferon-gamma release assay). Any individual found to be positive shall have an appropriate medical management plan developed that includes a chest radiograph.

Students not already known to have a positive test for tuberculosis should be tested if they meet any of the risk factors for TB infection, as described in the administrative regulations accompanying this policy.

No record of any student's medical assessment may be open to the public.

As required, the District will report, on a triennial basis, to the Department of Public Health and to the local Health Director the asthma data, pertaining to the total number of students per school and for the district, obtained through the required asthma assessments, including student demographics. Such required asthma diagnosis shall occur at the time of mandated health assessment at the time of enrollment, in either grade six or seven. Such asthma diagnosis shall be reported whether or not it is recorded on the health assessment form, at the aforementioned intervals. The District, as required, will also participate in annual school surveys conducted by the Department of Public Health pertaining to asthma.

As required, the District will annually report to the Department of Public Health information required on the School Immunization Entry Survey.

The Superintendent of Schools shall give written notice to the parent/guardian of each student who is found to have any defect of vision or disease of the eyes, with a brief statement describing such defect or disease and a recommendation that the student be examined by an appropriately licensed optometrist or ophthalmologist.

Note: PA 18-168 requires boards of education to request that students have an oral health assessment prior to public school enrollment, in grade 6 or 7, and in grade 9 or 10. The legislation establishes related requirements on providers authorized to perform the assessments, parental consent assessment forms, and records access. The specifics are detailed in the administrative regulation pertaining to this policy.

(cf. 5111 - Admission)
(cf. 5141.31 - Physical Examinations for School Programs)
(cf. 5125 - Student Records)
(cf. 5135.11 - Health/Medical Records - HIPAA)
(cf. 5141 - Student Health Services)

Legal Reference: Connecticut General Statutes

10 204a Required immunizations (as amended by P.A. 15-174 and P.A. 15-242 and PA 21-6)

10-204c Immunity from liability

10-205 Appointment of school medical adviser

10 206 Health assessments (as amended by PA 17-146 and PA 18-168, and P.A. 21-121, Section 67)

10-207 Duties of medical advisors

10-206a Free health assessments

10-208 Exemption from examination or treatment

10-208a Physical activity of student restricted; board to honor notice

10-209 Records not to be public. Provision of reports to school.

10-212 School nurses

10-214 Vision, audiometric and postural screenings. When required. Notification of parents re defects; record of results. (as amended by PA 17-173)

Department of Public Health, Public Health Code, 10-204a-2a, 10-204a-3a, 10-204a-4

Section 4 of PA 14-231

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g.

P.L. 93-568; codified as 20 U.S.C. 1232g

42 U.S.C. 1320d-1320d-8 P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

PA 17-146 "An Act Concerning the Department of Public Health's Various Revisions to the Public Health Statutes," Section 5, effective 10/1/17

PA 18-168 An Act Concerning the Department of Public Health's Recommendations Regarding Various Revisions to the Public Health Statutes, Sections 7-9, 539 & 540

Policy adopted:

R5141.3

Students

Health Assessments and Immunizations

In accordance with Connecticut General Statutes 10 206, as amended, 10 204a, and 10 214, the following health assessment procedures are established for students in the district:

1) Proof of immunization shall be required prior to school entry. A "school-aged child" also includes any student enrolled in an adult education program that leads to a high school diploma. This immunization verification is mandatory for all new school enterers and must include complete documentation of those immunizations requiring a full series. A required immunization record includes:

a) For initial entry into school for kindergarten, regular and special education pre-school programs, grades 1-6:

• 4 doses of DTP/DTaP vaccine (Diphtheria - Pertussis - Tetanus). At least one dose is required to be administered on or after the 4th birthday for children enrolled in school at kindergarten or above. Students who start the series at age 7 or older need a total of 3 doses.

(Pertussis immunization shall not be required after a student's sixth birthday),

• 3 doses of either trivalent oral polio vaccine (TOPV) or inactivated polio vaccine (IPV)with at least one dose of polio vaccine administered on or after the 4th birthday and before school entry. (This then usually results in 4 doses in total.)

• 2 doses of MMR vaccine (measles, mumps and rubella). One dose at 1 year of age or after and a second dose, given at least twenty-eight (28) days after the first dose, prior to school entry in kindergarten through grade twelve (12) OR disease protection, confirmed in writing, by a physician, physician assistant or advanced practical registered nurse that the child has had a confirmed case of such disease based on specific blood testing conducted by a certified laboratory.

• 3 doses of Hepatitis B vaccine (HBV) or has had protection confirmed in writing by a physician, physician assistant or advanced practice registered nurse based on specific blood testing by a certified laboratory.

• 1 dose of Hib (Hemophilus Influenza type b) given on or after the first birthday, is required of all school children who enter school prior to their fifth birthday or had a laboratory confirmed infection at age 24 months or older, confirmed in writing by a physician, physician assistant or advanced practice registered nurse. Children five and older do not need proof of Hib vaccination.

• Varicella (Chickenpox) Immunity

(i) 1 dose on or after the 1st birthday or must show proof of immunity to Varicella (chickenpox) for entry into licensed pre-school programs and kindergarten; or on or after August 1, 2011 for entry into kindergarten two (2) doses shall be required, given at least three (3) months apart, the first does on or after the 1st birthday.

(ii) Proof of immunity includes any of the following:

Documentation of age appropriate immunizations considered to be one dose administered on or after the student's first birthday (if the student is less than 13 years old) or two doses administered at least 30 days apart for students whose initial vaccination is at thirteen years of age or older.

Note: The National Advisory Committees on Immunization Practices (ACIP) changed the recommendation for routine vaccination against chicken pox (Varicella) from a single dose for all children beginning at 12 months of age to two doses, with the second dose given just prior to school entry. The ACIP also recommends that all school-aged children, up to 18 years of age, who have only had a single dose of Varicella vaccine to be vaccinated with a second dose.

Serologic evidence of past infection, confirmed in writing by a physician, physician assistant or advanced practice registered nurse based on specific blood testing by a certified laboratory, or

Statement signed and dated by a physician, physician assistant or advanced practice registered nurse indicating a child has already had varicella (chickenpox) based on diagnosis of varicella or verification of history of varicella. (Date of chickenpox illness not required)

(iii) All students are required to show proof of immunity (see above) to Varicella for entry into 7th grade.

Note: The Connecticut Department of Public Health has indicated that a school-aged child, 13 years of age or older, will only be considered fully immunized if he/she has had two doses of the Varicella vaccine given at least 4 weeks apart.

• Hepatitis A - Requirement for PK and K for children born on or after January 1, 2007, is enrolled in preschool or kindergarten on or after August 1, 2011.

(i) Two (2) doses of hepatitis A vaccine given at least six (6) months apart, the first dose given on or after the child's first birthday; or

(ii) Has had protection against hepatitis A confirmed in writing by a physician, physician assistant or advanced practice registered nurse based on specific blood testing by a certified laboratory.

• Influenza Requirement for PK.

(i) Effective January 1, 2012 and each January 1 thereafter, children aged 24-59 months enrolled in preschool are required to receive at least one (1) dose of influenza vaccine between August 1 and December 31 of the preceding year.

(ii) Children aged 24-59 months who have not received vaccination against influenza previously must be given a second dose at least twenty-eight (28) days after the first dose.

• Pneumococcal Disease Requirement for PK and K

(i) All students born on or after January 1, 2007, enrolled in PK and K who are less than five (5) years of age must show proof of having received one (1) dose of pneumococcal conjugate vaccine on or after the student's first birthday.

(ii) An individual shall be considered adequately protected if currently aged five (5) years or older.

b) For entry into seventh (7th) grade

All students in grades K-12 are required to show proof of 2 doses of measles, mumps, rubella vaccine at least 28 days apart with the first dose administered on or after the first (1st) birthday, or laboratory confirmation of immunity confirmed in writing by a physician, physician assistant or advanced practice registered nurse.

• Proof of having received 2 doses of measles-containing vaccine.

In those instances at entry to seventh grade, where an individual has not received a second dose of measles contained vaccine, a second dose shall be given. If an individual has received no measles containing vaccines, the second dose shall be given at least 4 weeks after the first. (Students entering 7th grade must show proof of having received 2 doses of measles-containing vaccine)

• Proof of Varicella (Chickenpox) Immunity.

(i) Two doses, given at least three (3) months apart, the first dose on or after the individual's first (1st) birthday and before the individual's thirteenth (13th) birthday or two doses given at least twenty-eight (28) days apart if the first does was given on or after the individual's thirteenth (13th) birthday,

(ii) Serologic evidence of past infection, or

(iii) A statement signed and dated by a physician, physician assistant, or advanced practice registered nurse indicating that the child has already had varicella (chickenpox) based on family and/or medical history. (Date of chickenpox illness not required)

• Proof of at least three doses of Hepatitis B vaccine or show proof of serologic evidence of infection with Hepatitis B.

• Proof of Diphtheria-Pertussis-Tetanus Vaccination (Adolescent Tday Vaccine Requirement for Grade 7 Students)

(i) An individual eleven (11) years of age or older, enrolled in the seventh (7th) grade, shall show proof of one (1) dose of diphtheria, tetanus and pertussis containing vaccine. (Tdap booster) in addition to completion of the recommended primary diphtheria, tetanus and pertussis containing vaccination series unless:

(ii) Such individual has a medical exemption for this dose confirmed in writing by a physician, physician assistant or advanced practice registered nurse based on having last received diphtheria, tetanus and pertussis containing vaccine less than five (5) years earlier and no increased risk of pertussis according to the most recent standards of care for immunization in Connecticut (C.G.S. 19a-7f)

• Meningococcal Vaccine (MCV4) Required for Grade 7 Students

(i) One dose of meningococcal vaccine

NOTE: Students must show proof of 3 doses of Hepatitis B vaccine or serologic evidence of infection to enter eighth grade.

• Immunization requirements are satisfied if a student:

(i) presents verification of the above mentioned required immunizations;

(ii) presents a certificate from a physician, physician assistant, advanced practice registered nurse or a local health agency stating that initial immunizations have been administered to the child and additional immunizations are in process;

(iii) presents a certificate from a physician stating that in the opinion of the physician immunization is medically contraindicated in accordance with the current recommendation of the National Centers for Disease Control and Prevention Advisor Committee on Immunization Practices because of the physical condition of the child;

(iv) enrolled in kindergarten through twelfth grade on or before April 28, 2021, and whose parents/guardians had presented a religious exemption written request before April 28, 2021, will be permitted continued use of the exemption even if such child transfers to another school in Connecticut.

Any child enrolled in preschool or pre-kindergarten on or before April 28, 2021, whose parents/guardian submitted the statement necessary for the religious exemption will have until September 1, 2022, to comply with Connecticut's required immunizations, or within fourteen days after transferring to a different public or private school program, whichever is later. The deadline for such preschool or pre-K students to comply with the immunization requirements can be altered if the school/District is provided with a written declaration from the child's physician, physician assistant or advanced practice registered nurse recommending a different immunization schedule for the child.

(v) he/she has had a natural infection confirmed in writing by a physician, physician assistant, advanced practice registered nurse or laboratory.

Health assessment and health screening requirements are waived if the parent legal guardian of the student or the student (if he or she is an emancipated minor or is eighteen years of age or older) notifies the school personnel in writing that the parent, guardian or student objects on religious grounds. (CGS 10-204a)

Students failing to meet the above requirements shall not be allowed to attend school.

2) A physical examination including blood pressure, height, weight, hematocrit or hemoglobin, and a chronic disease assessment which shall include, but not be limited to, asthma and which must include public health-related screening questions for parents to answer and other screening questions for providers and screenings for hearing, vision, speech, and gross dental shall be required for all new school enterers, and students in grade 6 and grade 9 or 10. This health assessment must be completed either prior to school entry or 30 calendar days after the beginning of school for new school enterers. This assessment must be conducted within the school year for students in grades 6 or grade 9, or 10. Parents of students in grade 6 or grade 9 or 10 shall be notified, in writing, of the requirement of a health assessment and shall be offered an opportunity to be present at the time of assessment.

The assessment shall also include tests for tuberculosis, sickle cell anemia or Cooley's anemia and test for lead levels in the blood when the Board of Education, after consultation with the school medical advisor and the local health department, determine such tests are necessary.

A test for tuberculosis, as indicated above, is not mandatory, but should be performed if any of the following risk factors prevail:

1. birth in a high risk country of the world (to include all countries in Africa, Asia, the former Soviet Union, Eastern Europe, Central and South America, Dominican Republic and Haiti, see list of countries in Appendix B) and do not have a record of a TST (tuberculin skin test) or IGRA (interferon-gamma release assay) performed in the United States.

2. travel to a high risk country staying at least one week with substantial contact with the indigenous population since the previously required examination;

3. extensive contact with persons who have recently come to the United States from high-risk countries since the previously required examination;

4. contact with persons suspected to have tuberculosis; or

5. lives with anyone who has been in a homeless shelter, jail or prison, uses illegal drugs or has HIV infection.

The results of the risk assessment and testing, when done, should be recorded on the State of Connecticut Health Assessment Record (HAR-3) or directly in the student's Cumulative Health Record (CHR-1).

Health assessments completed within one calendar year of new school entry or grade 6 or grade 9 or 10 will be accepted by the school system. Failure of students to satisfy the above mentioned health assessment timeliness and/or requirements shall result in exclusion from school.

(*Note: As an alternative health assessment could be held in grades 7 and 10.)

The District shall annually report on a triennial basis beginning October 1, 2017 to the Department of Public Health and to the local Health Director the asthma data pertaining to the total number of students per school and in the district obtained through school assessments, including student demographics. Such required asthma diagnosis shall occur at the time of mandated health assessment at the time of enrollment, in either grade 6 or 7, and in grade 10. Such asthma diagnosis shall be reported whether or not it is recorded on the health assessment form at the aforementioned intervals.

3) Parents or guardians of students being excluded from school due to failure to meet health assessment requirements shall be given a thirty calendar day notice in writing, prior to any effective date of school exclusion. Failure to complete required health assessment components within this thirty day grace period shall result in school exclusion. This exclusion shall be verified, in writing, by the Superintendent of Schools or his/her designee. Parents of excluded students may request administrative hearing of a health assessment related exclusion within five days of final exclusion notice. An administrative hearing shall be conducted and a decision rendered within fifteen calendar days after receipt of request. A subcommittee of the Board of Education shall conduct an administrative hearing and will consider written and/or oral testimony offered by parents and/or school officials.

4) Health screenings shall be required for all students according to the following schedule:

Vision Screening                         Grades K, 1, 3, 4, 5
Audiometric Screening                   Grades K, 1, 3, 4, 5
Postural Screening                     Grades 5 and 7 for female students
                                                       Grades 8 or 9 for male students

The school system shall provide these screening to students at no cost to parents. Parents shall be provided an annual written notification of screenings to be conducted. Parents wishing to have these screenings to be conducted by their private physician shall be required to report screening results to the school nurse. The district shall provide a brief statement to parents/guardians of students not receiving the required vision, hearing or postural screening explaining why the student did not receive such screening(s).

(Health assessments may be conducted by a licensed physician, advanced practice registered nurse, registered nurse, physician assistant or by the School Medical Advisor.)

5) Parents of students failing to meet standards of screening or deemed in need of further testing shall be notified by the Superintendent of Schools. A written notice shall be given to the parent/guardian of each student who is found to have any defect or disease and a recommendation for the student to be examined by a licensed optometrist or licensed ophthalmologist. A written statement shall also be provided to the parent/guardian of any student who did not receive the vision screening with a brief statement explaining the reason.

Students eligible for free health assessments shall have them provided by the health services staff. Parents of these students choosing to have a health assessment conducted by medical personnel outside of the school system shall do so at no cost to the school system.

6) Health records shall be maintained in accordance with Policy #5125.

7) All candidates for all athletic teams shall be examined annually by the designated school physician at a time and place determined by the Director of Athletics and/or coach.

No candidate will be permitted to engage in either a practice or a contest unless this requirement has been met, and he or she has been declared medically fit for athletics.

An athlete need not be re-examined upon entering another sport unless the coach requests it.

If a student is injured, either in practice, a contest, or from an incident outside of school activities at requires him or her to forego either a practice session of contest, that student will not be permitted to return to athletic activity until the school physician examines the student and pronounces him/her medically fit for athletics.

Oral Health Assessments

A child's public school enrollment continued attendance shall not be denied for his/her failure to receive the oral health assessment.

Appropriate school health personnel shall review the assessment results. If it is determined that a child needs further testing or treatment, the Superintendent shall give written notice to the child's parent/guardian and make reasonable efforts to ensure that further testing or treatment is provided. Such efforts include determining whether the parent/guardian obtained the necessary testing or treatment for the child and, if not, advising the parent or guardian on how to do so. The results of the further testing or treatment must be recorded on the assessment forms and reviewed by school health personnel.

As with other school health assessments no records of oral health assessments may be open to public inspection; and each provider who conducts an assessment for a child seeking to enroll in a public school must provide the assessment results to the school district's designated representative and a representative of the child.

Legal Reference: Connecticut General Statutes

10-204a Required immunizations (as amended by P.A. 15-174 and P.A. 15-242 and P.A. 21-6)

10-204c Immunity from liability

10-205 Appointment of school medical adviser

10-206 Health assessments (as amended by June Special Session PA 01-4, PA 01-9, PA 05-272, PA 07-58 and PA 18-168)

10-206a Free health assessments

10-207 Duties of medical advisers

10-208 Exemption from examination or treatment

10-208a Physical activity of student restricted; board to honor notice

10-209 Records not to be public. Provision of reports to school.

10-212 School nurses

10-214 Vision, audiometric and postural screenings. When required. Notification of parents re defects; record of results, as amended by P.A. 17-173.

PA 18-168 An Act Concerning the Department of Public Health's Recommendations Regarding Various Revisions to the Public Health Statutes, Sections 7-9, 539 & 540

Regulation approved:

5141.4 (a) Reporting of Child Abuse and Neglect

Board of Education Policy Regarding:
Students – Reporting of Child Abuse, Neglect and Sexual Assault
Policy # 5141.4(a)
Amended: 3/9/2021
Supersedes / Amends: 5141.6, 5141.5, 5141.4(a)

The Board of Education recognizes that a student’s mental and physical health will have an effect on the student’s ability to obtain the most benefit from attending school. In order to increase the student’s ability to learn while in school, the Board of Education realizes the importance of identifying students who may be suffering from abuse, neglect, placed in imminent danger of serious harm, or sexually assaulted by a school employee. Pursuant to Connecticut General Statutes 17a-101, as amended, all school employees, including the Superintendent of Schools, administrators, teachers, substitute teachers, guidance counselors, school counselors, paraprofessionals, psychologists and social workers, coaches of intramural or interscholastic athletics, as well as school nurses, physicians, working in the school system, or any other person, including licensed behavior analysts who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in District schools, who suspects child abuse, neglect or sexual assault by a school employee must first report it to the Department of Children and Families or to a law enforcement agency. When a school employee suspects child abuse, neglect or that a child has been placed in imminent risk of serious harm or has been sexually assaulted, he/she shall not later than twelve (12) hours after the mandated reporter has reasonable cause to suspect or believe that a child has been abused, neglected, or placed in imminent risk of serious harm, make an oral report by telephone or in person to the Commissioner of Children and Families or his/her designee, or a law enforcement agency, followed within 48 hours with a written report. The Building Principal shall be notified immediately after the oral report has been made and the Principal in turn will notify the Superintendent of Schools and the child’s parents. The written report prepared and submitted by the mandated reporter shall also be submitted to the Principal.

Online reports may be made to the Careline by mandated reporters if the report is of a non-emergent nature. A non-emergent situation is one in which a report is mandated but the child is not in immediate risk. (Note: Mandated reporters reporting electronically when they reasonably suspect that a child has been abused, neglected or placed at risk of imminent harm in a “non-emergent” situation, can do so without risk that they will be subject to a failure to report finding and subsequent penalties.)

Any school personnel who has reasonable cause to suspect that a district employee is abusing, neglecting, or sexually assaulting a student shall orally report that suspicion as soon as possible but no later than twelve (12) hours by telephone or in person to the Commissioner of Children and Families or his/her designee followed no later than 48 hours of making the oral report with a written report to the Department of Children and Families. The Superintendent of Schools or supervising agent may be notified immediately after the oral report has been made. The Commissioner of Children and Families or his/her designee, is required to notify the school employee and the head of a school, except when that person is the alleged perpetrator. The Superintendent or supervising agent must: 1) immediately notify parent(s) of the alleged abuse that a report has been made; and 2) immediately notify the Police Department of the alleged abuse.

P5141.4(b)

Students

Reporting of Child Abuse, Neglect and Sexual Assault (continued)

In addition, the Superintendent or supervising agent must submit a written report of suspected child abuse, neglect or sexual abuse by a school employee who has been entrusted with the care of a child to the Commissioner of Education or his/her representative. The Commissioner of the Department of Children and Families has a similar obligation. The Superintendent shall suspend a District employee when the DCF investigation results in a finding of reasonable cause that the employee abused, neglected, or sexually assaulted a child and recommends the employee be placed on the DCF Child Abuse and Neglect Registry. The Department of Children and Families is required to send to the State Department of Education a copy of the report. Within seventy‑two (72) hours after such suspension the Superintendent shall notify the Board of Education and the Commissioner of Education or his/her representative of the reasons for and conditions of the suspension.

If the contract of employment of a school employee who possesses a certificate, permit or authorization issued by the State Board of Education is terminated, of if such certified school employee resigns his/her employment, as a result of an investigation which reveals that child abuse, neglect or sexual assault has occurred, the Superintendent shall notify the Commissioner of Education within 72 hours of such termination or resignation.

If the report of abuse or neglect involves an employee of the District as the perpetrator, the District may conduct its own investigation into the allegation, provided that such investigation shall not interfere with or impede any investigation conducted by the Department of Children and Families or of law enforcement agencies.

The Superintendent shall maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee. Such records will be maintained in the District’s Central Office. The records shall include any reports made to the Department of Children and Families. Such Department is to have access to all such records.

The Board, recognizing its responsibilities to protect children and in compliance with its statutory obligations shall provide in-service regarding the requirements and obligations of mandated reporters. District employees shall also participate in training offered by the Department of Children and Families. In addition, all District employees shall complete a training program pertaining to the accurate and prompt reporting of abuse, neglect and sexual assault made available by the Commissioner of Children and Families. Also, all employees must complete a refresher program at least once every three years.

The Board of Education will post the telephone number of the Department of Children and Families’ child abuse hotline, Careline, and the Internet web address that provides information about the Careline in each District school in a conspicuous location frequented by students. Such posting shall be in various languages most appropriate for the students enrolled in the school.

P5141.4(c)

Students

Reporting of Child Abuse, Neglect and Sexual Assault (continued)

This policy will be distributed annually to all employees. Documentation shall be maintained by the Principal of each school and reported to the Superintendent that all employees have, in fact, received the written policy and completed initial training and refresher training related to mandated reporting of child abuse, neglect and sexual assault as required by law.

The Board shall not retaliate against any mandated reporter for his/her compliance with the law and Board policy pertaining to the reporting of suspected child abuse and neglect.

Establishment of the Confidential Rapid Response Team

The Board of Education shall establish a confidential rapid response team to coordinate with DCF to (1) ensure prompt reporting of suspected child abuse or neglect; or 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd degree sexual assault with a firearm of a student not enrolled in adult education by a school employee and (2) provide immediate access to information and individuals relevant to DCF’s investigation of such cases.

The confidential rapid response team shall consist of (1) a local teacher and the Superintendent, (2) a local police officer, and (3) any other person the Board of Education deems appropriate. DCF, along with a multidisciplinary team, is required to take immediate action to investigate and address each report of child abuse, neglect or sexual abuse in any school.

(cf. 4112.6/4212.6 – Personnel Records)

(cf. 5145.511 – Sexual Abuse Prevention and Education Program)

Legal Reference: Connecticut General Statutes

10-220a Inservice training. Professional development committees. Institutes for educators. Cooperating teacher program, regulations (as amended by PA 11-93)

10-221d Criminal history records check of school personnel. Fingerprinting. Termination or dismissal (as amended by PA 11-93)

10-221s Investigations of child abuse and neglect. Disciplinary action. (as amended by PA 16-188)

17a-28 Definitions. Confidentiality of and access to records; exceptions. Procedure for aggrieved persons. Regulations (as amended by PA 11-93 and PA 14-186)

P5141.4(d)
Students

Reporting of Child Abuse, Neglect, and Sexual Assault

Legal Reference: Connecticut General Statutes (continued)

17a-101 Protection of children from abuse. Mandated reporters. Educational and training program. Model mandated reporting policy. (as amended by PA 96-246, PA 00-220, PA 02-106, PA 03-168, PA 09-242, PA 11-93, PA 15-205, PA 18-15 and PA 18-17)

17a-101a Report of abuse, neglect by or injury of child or imminent risk of serious harm to the child. Penalty for failure to report. Notification of Chief State’s Attorney. (as amended by PA 02-106, PA 11-93, and PA 15-205, PA 18-15 and PA 18-17)

17a-101b Report by mandated reporters. Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility or school when a staff member suspected of abuse or neglect.

17a-101c Written or electronic report by mandated reporter.

17a-101d Contents of reports

17a-101e Employer prohibited from discriminating or retaliating against employee who makes a good faith report or testifies re child abuse or neglect. Immunity from civil or criminal liability. False report of child abuse. Referral to Office of the Chief State’s Attorney. Penalty.

17a-101g Classification and evaluation of reports. Determination of abuse or neglect of child. Investigation. Notice, entry of recommended finding. Referral to local law enforcement authority. Home visit. Removal of child in imminent risk of harm. Family assessment response program. Development of service plans and plans of care. Monitoring. Disclosure of information to community providers. Annual report.

17a-101i abuse or neglect by school employees or staff member of public or private institution or facility providing care for children. Notice. Adoption of policy. Employee training program.

17a-101o School employee failure or delay in reporting child abuse or neglect. Policy re delayed report by mandated reporters.

17a-106 Cooperation in relation to prevention, identification and treatment of child abuse/neglect.

10-151 Teacher Tenure Act.

DCF Policy 22-1-3 Mandated Reporter’s Failure to Report.

R5141.4(a)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

a. What Must be Reported

A report must be made when any mandated reporter of the Board of Education, in his/her professional capacity, has reasonable cause to suspect or to believe that a child under the age of eighteen: (Mandated reporters include all school employees, the Superintendent, administrators, teachers, substitute teachers, guidance counselors, school counselors, licensed behavior analysts, school paraprofessionals, coaches of intramural and interscholastic athletics, as well as licensed nurses, physicians, psychologists and social workers either employed by the Board or working in one of the District schools, or any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in District schools.)

1. Is in danger of being or has been abused;

2. Has had non-accidental physical injuries or physical injuries which are at variance with the history given for them, inflicted by a person responsible for the child’s health, welfare or care, or by a person given access to such child by a responsible person;

3. Has been neglected;

4. Has been sexually assaulted by a school employee; or

5. Has been placed in imminent risk of serious harm.

A mandated reporter’s suspicions may be based on such factors, including but not limited to, as observations, allegations, and facts by a child, victim or third party. Suspicion or belief does not require certainty or probable cause.

Definitions

“Abused” means that a child (a) has had physical injury or injuries inflicted upon him or her other than by accidental means, or (b) has injuries which are at variance with the history given of them, or (c) is in a condition which is the result of maltreatment, such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment.

“Neglected” means that a child (a) has been abandoned, or (b) is being denied proper care and attention, physically, educationally, emotionally or morally, or (c) is being permitted to live under conditions, circumstances or associations injurious to his well-being, or (d) has been abused.

R5141.4(b)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

Definitions (continued)

“School employee” (a) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or who is working in an elementary, middle or high school; or (b) any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in the Winchester Public Schools, pursuant to a contract with the Board.

“Sexual assault” means for the purposes of mandatory reporting laws and this policy; a violation of Sections 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a of the Connecticut General Statutes.

“Statutory mandated reporter” means an individual by CGS Sec. 17a-101 to report suspected abuse and/or neglect of children or sexual assault by a school employee. The term, “statutory mandated reporter” includes all school employees, as defined above.

b. Reporting Procedures for Statutory Mandated Reporters

The following procedures apply only to statutory mandated reporters, as defined above.

1. When an employee of the Board of Education suspects or believes that a child has been abused, neglected, has been placed in imminent risk of serious harm, or sexually assaulted by a school employee, the following steps shall be taken:

(a) The employee shall immediately, upon having reasonable cause to suspect or believe that a child has been abused, neglected, or placed in imminent danger of serious harm, or has had non-accidental physical injury or injury which is at variance with the history or such injury, or sexually assaulted by a school employee and not later than twelve (12) hours after having such a suspicion or belief, make an oral report by telephone or in person to the Commissioner of Children and Families or his/her designee or the local law enforcement agency. The Department of Children and Families has established a 24-hour Child Abuse and Neglect Hotline (Careline) at 1-800-842-2288 for the purpose of making such oral reports.

R5141.4(c)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

b. Reporting Procedures for Statutory Mandated Reporters (continued)

(b) The employee shall also immediately make an oral report to the Building Principal or his/her designee and/or the Superintendent or his/her designee. If the building principal is the alleged perpetrator of the abuse/neglect, then the employee shall notify the Superintendent or his/her designee directly.

(c) If a report prepared in accordance with Section (a) above concerns suspected abuse, neglect or sexual assault by a school employee, the Superintendent or his/her designee, shall immediately notify the child’s parent or guardian that such a report has been made.

(d) Not later than 48 hours of making an oral report, the employee shall submit a written report to the Commissioner of Children and Families, or his/her representative, containing all of the required information. The written reports should be submitted on the DCF-136 form or any other form designated for that purpose.

(e) The employee shall immediately, submit a copy of the written report to the Principal and/or Superintendent or the Superintendent’s designee.

(f) If a report prepared in accordance with Section (c) above, concerns suspected abuse, neglect or sexual assault by a school employee who possesses a certificate, permit or authorization issued by the State Board of Education, the Superintendent shall submit a copy of the written report to the Commissioner of Education, or his/her representative.

c. Contents of Reports

Any report made pursuant to this policy shall contain the following information, if known:

1. The names and addresses of the child and his/her parents or other persons responsible for his/her care;

2. The age of the child;

3. The gender of the child;

4. The nature and the extent of the child’s injury or injuries, maltreatment or neglect;

5. The approximate date and time the injury or injuries, maltreatment or neglect occurred;

6. Information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his/her siblings;

7. The circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter;

R5141.4(d)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

c. Contents of Reports (continued)

8. The name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect;

9. The reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect;

10. Any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; and

11. Whatever action, if any, was taken to treat, provide shelter or otherwise assist, the child.

For purposes of this section pertaining to the required reporting, a child includes any victim under eighteen years of age educated in a technical high school or District school. Any person who intentionally and unreasonable interferes with or prevents the making of the required report or attempts to conspire to do so shall be guilty of a class D felony, unless such individual in under eighteen years of age or educated in the technical high school system or in a District school, other than part of an adult education program. The mandatory reporting requirement regarding the sexual assault of a student by a school employee applies based on the person’s status as a student, rather than his or her age.

d. Investigation of the Report

If the suspected abuser is a school employee, the Superintendent or his/her designee shall thoroughly investigate the report, provided that such investigation does not interfere with or impede the investigation by the Department of Children and Families or by a law enforcement agency. In all other cases, DCF shall be responsible for conducting the investigation with the cooperation and collaboration of the Board, as appropriate. To the extent feasible, this investigation shall be coordinated with the Commissioner of Children and Families or the police in order to minimize the number of interviews of any child and to share information with other persons authorized to conduct an investigation of child abuse and neglect. When investigating a report, the Superintendent or his/her designee shall endeavor to obtain, when possible, the consent of parents or guardians or other persons responsible for the care of the child, to interview the child, except in those cases in which there is reason to believe that the parents or guardians or other persons responsible for the care of such child are the perpetrators or the alleged abusers.

The investigation shall include an opportunity for the suspected abuser to be heard with respect to the allegations contained within the report. During the course of an investigation of suspected abuse by a school employee, the Superintendent may suspend the employee with pay or may place the employee on administrative leave with pay pending the outcome of the investigation.

R5141.4(e)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

d. Investigation of the Report (continued)

A person reporting child abuse, neglect or sexual assault shall provide any person authorized to conduct an investigation into such claim with all information related to the investigation that is in the possession or control of the person reporting child abuse, neglect, or sexual assault except as expressly prohibited by state or federal law.

1. Evidence of Abuse by Certain School Employees. After an investigation has been completed, if the Commissioner of Children and Families, based upon the results of such investigation, has reasonable cause to believe that a child has been abused, neglected or sexually assaulted by an employee who has been entrusted with the care of a child or has recommended that such employee be placed on the Department of Children and Families abuse and neglect registry, the Commissioner shall notify within five (5) working days after the completion of the investigation into child abuse, neglect or sexual assault by a school employee, the Superintendent, the school employee, and the Commissioner of Education of such finding and shall provide records, whether or not created by the Department of Children and Families, concerning such investigation to the Superintendent and the Commissioner of Education. The Superintendent shall suspend the employee, if not previously suspended, with pay and without diminution or termination of benefits if DCF has reasonable cause that the employee abused or neglected a child and recommends the employee be placed on the DCF child abuse and neglect registry. Not later than 72 hours after such suspension, the Superintendent shall notify the Board of Education and the Commissioner of Education, or his/her representative, of the reasons for the conditions of suspension. The Superintendent shall disclose records received from the Department of Children and Families to the Commissioner of Education and the Board of Education, or its attorney, for the purposes of review of employment status, certification, permit or authorization. Any decision of the Superintendent concerning such suspension shall remain in effect until the Board of Education Acts, pursuant to the provisions of Connecticut General Statutes. The Commissioner of Education shall also be notified if such certified person resigns from his/her employment in the District. Regardless of the outcome of any investigation by DCF and/or the police, the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment in accordance with the provisions of any applicable statute, if the Superintendent’s investigation produces evidence that a child has been abused by a certified, permit or authorized school staff member.

If the contract of employment of a certified school employee holding a certificate, permit or authorization issued by the State Board of Education is terminated as a result of an investigation into reports of child abuse and neglect, the Superintendent shall notify the Commissioner of Education, or his/her representative, within 72 hours of such termination.

R5141.4(f)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

d. Investigation of the Report (continued)

2. Evidence of Abuse by Other School Staff. If the investigation by the Superintendent and/or Commissioner of Children and Families did produce evidence that a child has been abused by a non-certified school staff member the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment.

3. The District shall maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee. Such records will be maintained in the District’s Central Office. The records shall include any reports made to the Department of Children and Families. The State Department of Education is to have access to all such records.

4. The Board shall provide to the Commissioner of Children and Families, upon request for the purposes of an investigation by the Commissioner of Children and Families of suspected child abuse or neglect by a teacher employed by the Board, any records maintained or kept in District files. Such records shall include, but not be limited to, supervisory records, reports of competence, personal character and efficiency maintained in such teacher’s personnel file with reference to evaluation of performance as a professional employee of such board of education, and records of the personal misconduct of such teacher. (“Teacher” includes each certified professional employee below the rank of Superintendent employed by a Board of Education in a position requiring a certificate issued by the State Board of Education.)

5. The Board of Education shall permit and give priority to any investigation conducted by the Commissioner of Children and Families or the appropriate local law enforcement agency that a child has been abused or neglected. The Board shall conduct its own investigation and take any disciplinary action, in accordance with the provisions of section 17a-101i of the general statutes, as amended, upon notice from the Commissioner or the appropriate local law enforcement agency that the Board’s investigation will not interfere with the investigation of the Commissioner or such local law enforcement agency.

6. The Department of Children and Families will review, at least annually, with the State Department of Education all records and information relating to reports and investigations that a child has been abused and neglected by a school employee, in the Department of Children and Families’ possession to ensure that records and information are being shared properly.

R5141.4(g)

Students

Reporting of Child Abuse/Neglect or Sexual Assault (continued)

e. Delegation of Authority by Superintendent

The Superintendent may appoint a designee for the purposes of receiving and making reports, notifying and receiving notification, or investigating reports pursuant to this policy.

f. Special Reporting Procedures Concerning Suspected Abuse or Neglect of Intellectually Disabled Persons

In addition to the reporting procedures set forth above, Connecticut General Statutes require that certain school personnel, including teachers, licensed nurses, psychologists and social workers, report any suspected abuse or neglect of intellectually disabled persons over the age of 18. It is policy of the Board of Education to require ALL EMPLOYEES of the Board of Education to comply with the following procedures in connection with the suspected abuse or neglect, as defined below, of any intellectually disabled person over the age of 18.

1. Definitions. For the purposes of this policy:

“Abuse” means the willful infliction of physical pain or injury or willful deprivation by a caretaker of services which are necessary to the person’s health or safety.

“Neglect” means a situation where an intellectually disabled person either is living alone or is not able to provide for him/herself the services which are necessary to maintain his/her physical and mental health, or is not receiving such necessary services from the caretaker.

2. Reporting Procedures. If an employee has reasonable cause to suspect that an intellectually disabled person has been abused or neglected, he/she shall, within five calendar days, make an oral report to the Director of the Office of Protection and Advocacy for Persons with Disabilities, to be followed by a written report within five additional calendar days, or shall immediately notify the Superintendent in order for the Superintendent to make such oral and written reports to the Office of Protection and Advocacy. In the event that an employee makes a report to the Office of Protection and Advocacy, the employee shall immediately notify the Superintendent.

R5141.4(h)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

f. Special Reporting Procedures Concerning Suspected Abuse or Neglect of Intellectually Disabled Persons (continued)

3. Contents of Report. Any such report shall contain the following information:

(a) The name and address of the allegedly abused or neglected person;

(b) A statement from the reporter indicating a belief that the person is intellectually disabled, together with information indicating that the person is unable to protect himself or herself from abuse or neglect;

(d) Any additional information, which the reporter believes, would be helpful in investigating the report or in protecting the intellectually disabled person.

4. Investigation of Report. If the suspected abuser is a school employee, the Superintendent shall thoroughly investigate the report following the procedures regarding the investigation of reports of child abuse set forth in paragraph e above.

If the investigation by the Superintendent and/or the Office of Protection and Advocacy produces evidence that an intellectually disabled person has been abused by a school employee, the Superintendent and/or the Board, as appropriate, may take disciplinary Action, up to and including termination of employment.

g. Disciplinary Action for Failure to Follow Policy

Any employee who fails to comply with the requirements of this policy shall be subject to discipline, up to and including termination of employment.

h. Non-Discrimination Policy

The Board of Education shall not discharge or in any manner discriminate or retaliate against any employee who, in good faith, makes a report pursuant to this policy or testifies or is about to testify in any proceeding involving abuse or neglect.

i. Training

All District employees are required to complete a training program pertaining to the accurate and prompt reporting of abuse and neglect, made available by the Commissioner of Children and Families. In addition, all employees must complete a refresher program at least once every three years. Employees hired before July 1, 2011 must complete the refresher training program by July 1, 2012 and must retake it once every three years thereafter.

R5141.4(i)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

i. Training (continued)

The School Principal shall annually certify to the Superintendent that each school employee working at his/her school has completed the required initial training and the refresher training.

j. Foster Care

Upon request of the Board of Education, the Department of Children and Families shall provide the name, date of birth and school of origin for each child in the custody of the Department of Children and Families who has been placed in foster care and is attending a District school.

Confidential Rapid Response Team

The District will establish, a confidential rapid response team to coordinate with DCF to (1) ensure prompt reporting of suspected child abuse or neglect; or 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd degree sexual assault with a firearm of a student not enrolled in adult education by a school employee; and (2) provide immediate access to information and individuals relevant to DCF’s investigation of such cases.

The confidential rapid response team consists of a local teacher, the Superintendent, a local police officer, and any other person the Board of Education deems appropriate.

DCF, along with a multidisciplinary team, is required to take immediate action to investigate and address each report of child abuse, neglect or sexual abuse in any school.

Hiring Prohibitions

The Board of Education will not employ anyone who was terminated or resigned after a suspension based on DCF’s investigation, if he or she has been convicted of (1) child abuse or neglect; or (2) 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd degree sexual assault with a firearm of a student who is not enrolled in adult education.

The Board of Education will not employ an individual who was terminated or resigned, if he or she (1) failed to report the suspicion of such crimes when required to do so; or (2) intentionally and unreasonably interfered with or prevented a mandated reporter from carrying out this obligation or conspired or attempted to do so. This applies regardless of whether an allegation of abuse, neglect, or sexual assault has been substantiated.

R5141.4(j)

Students

Reporting of Child Abuse/Neglect or Sexual Assault (continued)

Posting of DCF’s “Careline”

(cf. 4112.5/4212.6 – Personnel Records)

(cf. 5145.511 – Sexual Abuse Prevention and Education Program)

Legal Reference: Connecticut General Statutes

10-220a Inservice training. Professional development committees. Institutes for educators. Cooperating teacher program, regulations (as amended by PA 11-93)

10-221d Criminal history records check of school personnel. Fingerprinting. Termination or dismissal (as amended by PA 11-93)

10-221s Investigations of child abuse and neglect. Disciplinary action. (as amended by PA 16-188)

17a-28 Definitions. Confidentiality of and access to records; exceptions. Procedure for aggrieved persons. Regulations (as amended by PA 11-93 and PA 14-186)

17a-101c Written or electronic report by mandated reporter.

17a-101d Contents of reports

R5141.4(k)

Students

Reporting of Child Abuse/Neglect or Sexual Assault

Legal Reference: Connecticut General Statutes (continued)

17a-101i abuse or neglect by school employees or staff member of public or private institution or facility providing care for children. Notice. Adoption of policy. Employee training program.

17a-101o School employee failure or delay in reporting child abuse or neglect. Policy re delayed report by mandated reporters.

17a-106 Cooperation in relation to prevention, identification and treatment of child abuse/neglect.

10-151 Teacher Tenure Act.

DCF Policy 22-1-3 Mandated Reporter’s Failure to Report

5141.7 Animal Bites

5141.5 Suicide Prevention and Intervention

Suicide Prevention and Intervention

The Board of Education recognizes that suicide is a complex issue and that, while the school may recognize a potentially suicidal youth, it cannot make a clinical assessment of risk and provide in depth counseling. Instead, the Board directs school staff to refer students who may be at risk of attempting suicide to an appropriate service for assessment and counseling.

The Board of Education recognizes the need for youth suicide prevention procedures and will establish program(s) to identify risk factors for youth suicide, procedures to intervene with such youth, referral services and training for teachers, other school professionals and students to provide assistance in these programs.

Any school employee who may have knowledge of a suicide threat must take the proper steps to report this information to the building Principal or his/her designee who will, in turn, notify the appropriate school officials, the student's family and appropriate resource services.

Legal Reference: Connecticut General Statutes

10221(e) Boards of education to prescribe rules.

R5141.5(a)

Students

Suicide Prevention/Intervention

Guidelines

All school district professionals have a responsibility to share with Principal observations of student behavior which appear to be related to the possibility of suicide.

The Principal, in turn, has a responsibility to follow the guidelines attached to the Board policy and regulation on suicide. If circumstances of a particular situation indicate that actions other than those described would serve the best interests of a given student and the school system, the Principal may consult with the designated student school system, the Principal may consult with the designated Student Assistance Team (SAT), Planning and Placement Team (PPT) and/or other appropriate personnel to make such a decision and shall make appropriate documentation of the circumstances and the resulting decision.

For the elementary schools, the term Student Assistance Teams should be replaced with Pupil Personnel Services Designee or school nurse.

Special Issues in Using Procedures

Communication

The building Principal shall maintain communication with the Superintendent of Schools about all suicide attempts and shall call on the Central Office for advice on how to proceed if any situation warrants. In turn the Superintendent will keep the Board informed about suicide related issues as appropriate. All communications must be kept confidential as appropriate.

Documentation

All actions taken by school personnel should be carefully documented. Such records should express facts, observable behaviors and actions. They should be placed in the student's supplementary file. Following an attempt or completed suicide, a daily log might be helpful.

Contagion

Sometimes a suicide attempt or completed suicide will trigger other suicide attempts. There is no clear body of knowledge about how or why this occurs and what unique circumstances cause it. The best preventive measure against the contagion effect seems to involve careful identification and monitoring of students who may be in a risk category, efforts to reduce glamorization of the suicide and carefully planned follow up activities.

R5141.5(b)

Students

Suicide Prevention/Intervention

Guidelines (continued)

Principal

Shall be understood to mean Principal or Principal's designee.

Anniversary Dates

The week, month or year anniversary of the death may trigger a delayed grief reaction or suicide attempts modeled after the first. School personnel should be sensitive to this and intensify monitoring of students at these times.

Support

While Student Assistance Team members will probably be sensitive to each other's needs for support, it can also be helpful to have an outside professional available during and following crisis periods to "debrief" the team and offer support to individual members as needed.

Suicide at School

Most experts agree it is better to keep students at school where adult support systems are available than to send them home, where no adult supervisors might be available to them. Students should only be released to their parents or other responsible adults should they ask to leave school early.

Students at Risk for Suicide

General Procedures During School Hours

School staff who have identified a student who exhibits the signs as noted in Appendix or who have other reason to believe the student is at risk for suicide must immediately bring the student's name to the attention of the Principal or his/her designee. This must be done even if the student has confided in the staff person and asked the staff person to keep their discussion confidential. In such cases, the staff person would explain that he/she cannot keep confidentiality in these circumstances.

Appropriate staff member(s) gather background information prior to contacting the student unless there appears to be imminent risk of self harm. This background check should be done on the same day as the referral and may include:

R5141.5(c)

Students

Suicide Prevention/Intervention

Students at Risk for Suicide (continued)

Further discussion with the person who made the referral.

Contact with other staff members to get data on recent student performance. At the earliest possible moment following the collection of information, contact with the student will be made to determine the seriousness of the situation.

Critical Situation

The student has the intent to kill himself/herself, a specific plan for how he/she will do it and immediate access to the method; in addition, he/she exhibits feelings of loneliness, hopelessness, helplessness and the inability to tolerate any more pain.

A staff member will stay with the student to offer support. In addition, he/she will explain to the student that someone will be contacting parent(s) because of deep concern.

A staff member will notify the parent(s) and request that they come to the school immediately. The following points should be covered in the meeting with the parents:

The seriousness of the situation.

The need for immediate outside professional help.

The need for continued monitoring.

A request for parent(s) to sign a release of information form for communication between the school and the facility to which the student will be taken, the student's therapist and other individuals as appropriate.

If the parent(s) cannot be contacted or if they refuse to come to the school and the team determines that a medical emergency exists, normal procedures will be followed for such emergencies. The Principal will explain that the school may be required to file a medical neglect report with the Department of Children and Families. In addition, the Principal may inform the parents that the student will not be accepted back into school until a formal mental health evaluation has taken place.

This exclusion will be done in compliance with state regulations and only if it is deemed to be in the best interest of the student.

R5141.5(d)

Students

Suicide Prevention/Intervention

Students at Risk for Suicide (continued)

As a followup, a staff member will contact the family to discuss the family's plans to provide professional help and support to the student. Permission for communication between school and therapist will be requested. A plan of action for inschool support of the student will be discussed at the next Student Assistance Team meeting. The team will continue to monitor the student.

Potential Situation

The student has some intent to kill himself/herself and has thought about how he/she would do it. He/she has access to the method but does not have everything in place. Although the student may exhibit feelings of hopelessness, helplessness and unbearable pain, he/she shows some willingness to accept help. The following action will be taken, the order to be determined by the specific situation:

A staff member will explain to the student that parent(s) will be contacted in order to arrange for professional help and to develop an appropriate support system. The staff member will offer to speak to those people on the student's behalf.

The Principal or designee will ask the student to sign an agreement not to harm himself/herself

Following the meeting with the student the Principal or designee will:

Convene the Student Assistance Team to plan a course of action.

Contact the student's parent(s) to inform them of the seriousness of the situation and to request a meeting that day.

Obtain further information from the parent(s) concerning the student's mental health history including therapy and previous suicidal attempts or threats. If the student is currently being seen by a mental health professional, the Principal will ask for parental permission to speak with that professional.

Communicate the need for suicidal risk evaluation.

R5141.5(e)

Students

Suicide Prevention/Intervention

Students at Risk for Suicide (continued)

If the parent refuses to come to school, the Principal will explain that the school may be required to file a medical neglect report with the Department of Children and Families (DCF).

As follow up a team member will contact the family to discuss their plans to provide professional help to the student. The team will meet to develop a plan for in school support.

General Procedures After School Hours

If a staff member has become aware of a potentially suicidal student during after school hours, he/she should consider and decide the following actions:

Contact the parents.

Contact the police.

Contact student's therapist.

Contact 24hour crisis center.

Contact the Principal.

Students Who Have Attempted Suicide

In School Attempt

The staff person who becomes aware of the attempt will remain with the student and will immediately send for the nurse and Principal.

The nurse and Principal will follow school medical emergency procedures to get immediate medical help for the student.

The parents will be contacted.

The Principal will refer to the Crisis Intervention Plan and Media guidelines to determine a course of action.

Out of School Attempt

The Staff person who receives the information concerning an attempted suicide will immediately contact the school Principal who will verify the information and actions taken by the parents.

R5141.5(f)

Students

Suicide Prevention/Intervention

Students Who Have Attempted Suicide (continued)

The Principal will determine if the situation warrants informing the full faculty.

If the attempted suicide is causing visible distress among students, staff may be asked to follow "Guidelines For Talking to Students About Suicide/Sudden Death." An after school meeting may be held to identify others at risk with students and discuss concerns.

The Principal in conjunction with the Student Assistance Team will develop a plan to monitor and support high risk students.

A team member will be assigned to follow up and monitor the student upon his/her return to school.

If appropriate, information will be shared with the Principal of the sibling's school.

Legal Reference: Connecticut General Statutes

10221(e) Boards of education to prescribe rules.

5141.5

Appendix A

Suicide Prevention/Intervention

Risk Assessment Checklist

Has the person recently withdrawn from therapeutic help?

Has the person been abusing drugs or alcohol recently?

Is there a history of suicide in the person's family?

Is the person exhibiting marked hostility to those around him or her?

Has the person's life become disorganized recently?

Does the person drop in and out of schools?

Has the person become unusually depressed or anxious recently?

Has a friend committed suicide recently?

Has the person threatened suicide, or spoken about it with friends or teachers.

Is the person preoccupied with themes of death or dying?

Has the person made previous suicide attempts?

Does the person have trouble holding onto friends?

Does the person have a "plan" for suicide, and has the person made preliminary arrangements?

Has the person made "final arrangements" (given away possessions, said "Goodbye")?

If you believe someone may be thinking of suicide, get help for that person by immediately contacting people designated in the district plan on crisis intervention. Do not wait!

5141.5

Appendix B

Suicide Risk Factors

The following life crises, behaviors and circumstances have been identified by experts as potential risk factors for suicide. No one can say with certainty which specific life conditions and personality traits may combine to result in suicide. Nor can we say why one person commits suicide and another with similar circumstances does not. Staff should become familiar with these risk factors and make referrals to the Principal or his/her designee when they are observed.

Family Factors

Suicide of a family member (especially of a parent or sibling).

Loss of a parent through death or divorce

Family alcoholism or other drug dependency.

Absence of meaningful relationships and attachment within the family.

Destructive, violent parent-child interactions.

Physical, emotional or sexual abuse.

Chronically depressed, mentally ill or suicidal parent

Highly rigid and perfectionistic standards set for child.

Frequent (though not necessarily intended) communications that the child is unwanted or expendable.

Periods of unusual family stress due to factors such as illness, unemployment, disabilities etc.

Environmental Factors

Suicide of someone the youth has known or identified with.

Frequent mobility, especially during early to late adolescence

Religious conflicts where youth feels caught in the middle.

Incarceration for a criminal offense, especially if youth was intoxicated when placed in jail.

Loss of identity or status or repeated failures to achieve desired status.

Social isolation and failure to develop peer attachments.

Fears that one has contracted or been exposed to AIDS.

Accumulating failures or rejections.

Behavioral Factors

Past history of suicide gestures or attempts.

Running away - especially if running from abusive or alcoholic family.

Alcohol and other drug abuse.

Eating disorders.

School failure or chronic achievement.

Chronic or unexpected disciplinary crises at home or school.

Aggression and rage that shows up in violent outburst or behavior (often how boys show

depression)

Fascination with death, violence, satanism.

Legal problems.

Self-risking behaviors such as reckless driving, overt sexual promiscuity or potentially harmful

risk-taking.

5141.5

Appendix B

(continued)

Personal Factors

Frequent periods of feeling down.

Frequent feelings of powerlessness.

Learning disabled.

Gifted.

Poor impulse control, especially involving aggression or risk taking.

Unwillingness to seek or accept help for problems.

Desire for revenge or to punish another.

Confusion/conflict over sexual identity.

Alienation from traditional social institutions and values.

Compulsively perfectionistic/highly self-critical.

Seems to lack inner resources and skills to solve problems, deal with frustration.

Poor social skills; low sense of self esteem.

Desire to be re-united with someone who is dead.

Highly defensive and avoidance reactions to problems.

Strong feelings of shame or guilt that persist over time.

Unresolved feelings of grief.

Tendency to develop “tunnel vision” about problems.

Perceives that he/she can only get attention in negative ways.

Psychiatric Factors

Affective disorder diagnoses.

Conduct disorder diagnoses.

Depression diagnoses.

Substance abuse diagnoses.

Supplemental Information for Appendix A

The following supplement is designed to provide more in-depth information concerning some of the more important risk factors for suicide as listed in Appendix A.

Previous Suicide Attempt - even if these attempts were not deemed to be very serious and even if they occurred in the past and were not followed by therapy or counseling, they indicate increased risk for further attempts.

Sexuality Conflicts - Gay and lesbian youths have a higher incidence of suicide than heterosexual youths; this is true even if the young person has not outwardly defined him/herself as homosexual but is still struggling with sexual identify issues.

Exposure to AIDS - the knowledge that one’s sexual partner has contracted or been exposed to AIDS may result in a higher risk for suicide even if this person has not taken the AIDS test but believes him/herself to be in danger of contracting it.

5141.5

Appendix B

(continued)

Low Self Esteem and Social Skills - Students who are continually being rejected by others (or have that perception) may become self-rejecting, self-hating and self-harming.

Serious Risk-Taking - A disregard for one’s personal safety whether expressed through unnecessary risks taken in athletics or recreational activities or through daredevil driving while drunk may indicate an ambiguity about wanting to live.

Alcohol/Drug Abuse - Many troubled students initially use alcohol/drugs to “medicate” their pain only to discover that over time this incomes their depression and problems, 50-80% of suicidal teens are alcohol drug involved.

Sexual, Physical, Emotional Abuse - The self-blame, quiet, shame and self-hatred experienced as a result of abuse, as well as the “loss” of the parent as a trusted adult increase risk for suicide even if the abuse occurred years earlier.

Suicide of a Family Member - especially a parent increases risk for the child even if the suicide has been kept a “secret” and especially if no counseling was ever provided to survivors.

Teens with Chronic Serious Problems - within their families, their schoolwork their peer relationships or their community may respond by acting negatively getting into even more difficulty with their parent, the law or school officials leading to the perception that there is “no way out.”

Learning Disabled or Gifted Students - who experience feelings of alienation and being different from their peers may become increasingly discouraged and hopeless about things ever getting better.

Family Alcoholism - may result in feelings of guilt, isolation and inability to control one’s life or meet parent expectations; this is especially aggravated by the “Code of Silence” children learn leading to feelings of hopelessness, helplessness and alienation.

Compulsive Achievers - or perfectionists who are chronically unable to meet their own or parental standards or who interpret lower achievement levels as failure may become so self-rejecting and self-loathing as to become self-harming.

Running Away - Suicide screenings of runaway young people have shown that over 50% of them have thought about suicide as an answer to their problems. There is also a high correlation between running away and family abuse and alcoholism.

School Problems - Academic or Behavioral - Many young people experience school as a place where they feel like a failure. A negative cycle may develop in which the young person does poorly at school because of low self esteem, lower ability levels or preoccupation with personal or family problems; the school problems put more pressure on the young person adding to already present feelings of worthlessness and hopelessness which in nun result in further school problems etc.

5141.5

Appendix B

(continued)

Supplemental Information for Appendix B (continued)

Loss - Of any kind whether due to death, divorce, failure to achieve a goal, breaking up with a girlfriend or boyfriend, moving, going off to college etc. often results feelings of grief, embarrassment, isolation, alienation, insecurity and aloneness. Without an adequate support system these feelings may become overwhelming for the young person.

Fascination with Death, Violence, Satanism - is often expressed through music, clothing, posters in their rooms and behavior, this fascination may indicate that the young person is pre-occupied with thoughts of death and self-harm. If such a fascination becomes a pre-occupation, that is the young person’s life begins to change significantly, the potential for suicide must be seriously considered.

Psychiatric Disorders - Certain psychiatric diagnoses, specifically clinical depression. Conduct disorders and certain affective disorders have been identified by the National Institute of Mental Health researchers as risk factors for suicide.

5141.5

Appendix C

Suicide Prevention/Intervention

Warning Signs

It is important to note that adolescence is often a time of change and mood swings. When considering possible warning signs of suicide, you should look for the pattern (several related signs), the duration (2 or tore weeks of a give pattern), the intensity and the presence of a particular crisis event. You should measure these against what is perceived to be normal for a given adolescent.

Perhaps, most importantly, you should trust your instincts. When in doubt, seek help. Any young person exhibiting some combination of these signs is probably in need of some type of help.

Many of the risk factors listed in Appendix A are, in hindsight, seen as early warning signs for suicide following a suicide death. Observation of the following signals of severe emotional distress or over suicide warning signs, especially when combined with two or more risk factors from Appendix A must be reported to the Principal or his/her designee as soon as possible.

Early Warning Signs

Difficulty coping with any of the risk factors in Appendix A.

Sudden or unexpected changes in school behavior such as:

Attendance

Declining academic performance

Changed peer relationships

Sudden failure to complete work

Loss of interest; inability to concentrate

Disciplinary crisis, especially involving violence or aggression communicating about death, suicide through writing, artwork, discussion

Increased frequency and/or quantity of alcohol and other drug use

Sudden changes in appearance-especially neglect of appearance

Gradual withdrawal from friends, schools, family; loss of interest in activities

Sudden or increasingly negative changes in personality and attitude

Depression (may be expressed as sadness or angry acting out)

Sleep disturbances-(inability to sleep or sleeping to ‘escape”)

Eating disturbances (loss of appetite, sudden weight gain or loss, eating disorders)

Restlessness and agitation (especially if perceived as uncontrollable)

Over-reaction to criticism; overly self critical

Overwhelming feelings of failure, worthlessness

Failure or inability to derive pleasure from one’s life, friends, activities

Exaggerated or long term apathy and disinterest

Inability to recover from a loss; ongoing and overwhelming feelings of grief

Excessive frequency and intensity of mood swings (especially if perceived as uncontrollable)

5141.5

Appendix C

Early Warning Signs (continued)

Persistent nightmare

Frequent expressions of hostility, anger, rage (especially if perceived as uncontrollable) Pessimism about life, about one’s future

Persistent physical complaints (especially if no physiological basis can be found) such as headaches, stomachaches, nausea, anxiety reactions

Difficulties in concentration, completing tasks, making decisions (especially if perceived as uncontrollable)

Delusions or hallucinations; loss of touch with reality

Late Warning Signs

Threatening to commit suicide, openly talking about death, not being around, not being wanted or needed

Dropping out of activities; increasing isolation and withdrawal

Feelings of helplessness, inability to change or control one’s life

Feelings of extreme humiliation, loss of status

Radical personality or behavioral change

Sudden or increasingly dangerous risk taking behavior

Increasing feelings of aloneness, despair; perception that no one can help

Making final arrangements; giving things, away, putting one’s life in order

Sudden and inexplicable improvement in behavior; appearance

Students

Precipitating Events - Often one event will seem to trigger a suicide or suicide attempt. The most common of these seem to be:

Loss of a close relationship through:

Death or divorce

Breaking up with boyfriend/girlfriend

Suicide of a friend, family member or someone youth has known

Unexpected loss of status with peers or failure to achieve such status

Serious fight with parents or close peer

Being arrested for a crime (especially if incarcerated)

Sudden or unexpected failure or setback

Recent traumatic event such as moving, a car accident, a major loss or disciplinary crisis that makes facing the future seem impossible

Anniversary of someone else’s suicide or death

Fear of a major change in life status such as graduation, moving

Actual major life change such as going on to college, staying behind while friends go to college.

Here is the form for policy # 5141.5 Suicide Intervention.

5142(a) Student Safety

Board of Education Policy Regarding:

Students – Student Safety
Policy # 5142(a)

New: 1-14-2020

Supersedes/Amends:

Student - Student Safety

The Board of Education (Board) shall strive to build safe, supportive, and academically challenging school learning environments in partnership with students, staff members and families. The Board shall develop and adopt a mission statement that promotes a safe and secure environment for learning. Such mission statement shall emphasize respect, caring, and high academic achievement.

The Board shall ensure that all facilities, grounds, equipment, and vehicles meet acceptable injury and violence prevention standards for design, installation, use and maintenance.

Student safety shall be a priority of all school district personnel through close supervision of students in all school buildings and grounds and through special attention to:

1. Maintenance of safe school environments through conducting regular safety, vulnerability, and hazard assessments of all school facilities, school grounds, sports-related equipment and vehicles used to transport students. Security and vulnerability assessments shall be conducted every two years, resulting in a school safety plan for each school, based upon the assessment results.

2. Safe practices by school personnel and students – particularly in instructional areas or in extracurricular activities presenting special hazards.

3. Development of school programs and activities consistent with appropriate abilities and limitations of students at each age level.

4. Offering safety education to students germane to particular subjects, such as laboratory courses in science, industrial arts, and health and physical education.

5. Appropriate first aid care for students in case of accident or sudden illness.

6. Adequacy of emergency response procedures at each school in the District (first aid, cardiopulmonary resuscitation, infection control security).

7. Development, adoption and implementation of a code of conduct and other appropriate rules that are designed to promote health and safety and prevent unintended injury, harassment, bullying and other forms of violence. Such code shall prohibit the use and possession of alcohol, tobacco and other drugs and weapons and dangerous instruments at school.

8. Training exercises for all school staff designed to help them maintain a positive climate for learning and to effectively enforce safety and discipline rules.

9. Requiring the District and its individual schools to have safety and security plans which serve as a guide to address the various safety needs in the school, such as lockdown procedures, evacuations, drills and safety protocols, and personnel assignments. The school security and safety plan for each of the District’s schools shall annually be submitted to the Department of Emergency Services and Public Protection.

10. Conducting regular audits (at least annually) to evaluate and analyze the effectiveness of each school’s safety and security plans. First responders, local law enforcement and the entire school community shall be involved in this process. Law enforcement and local public safety officials shall evaluate all fire and crisis response drills.

11. Communicating with parents/guardians and community members about school-level emergency preparedness protocols to the greatest extent possible.

12. Providing regular training for all school employees on the Districts’ school emergency management systems and protocols, as well as violence prevention training.

13. Creating a partnership between schools, local law enforcement and appropriate community agencies, including mental health, to prevent and reduce school violence.

14. Establishing a school security and safety committee at each school. Such committee shall be responsible for assisting in the development of the school’s security and safety plan and administering such plan.

15. Assistance of the safe school climate committee at each school, originally established to address issues related to bullying in the school, to also collect, evaluate, and report information relating to instances of disturbing or threatening behavior that may not meet the statutory definition of bullying.

(cf. 0100 - Mission Statement)

(cf. 5131/5144/5114 - Conduct/Discipline/Suspension/Expulsion)

(cf. 5131.21 - Terroristic Threats/Acts of Violent Behavior)

(cf. 5131.6 - Drugs/Alcohol and Tobacco)

(cf. 5131.7 - Weapons and Dangerous Instruments)

(cf. 5131.911 - Bullying/Safe School Climate Plan)

(cf. 5141.21 - Administering Medications)

(cf. 5141.22 - Communicable and Infectious Diseases)

(cf. 5141.3 - Student Health Assessments and Immunizations)

(cf. 5141.4 - Child Abuse and Neglect)

(cf. 5141.5 - Suicide Prevention)

(cf. 5141.6 - Crisis Management Plan)

(cf. 6142.1 - Family Life and Sex Education)

(cf. 6114 - Emergencies and Disaster Preparedness)

(cf. 6114.7 - Safe Schools)

(cf. 6114.8 - Pandemic/Epidemic Emergencies)

Legal Reference: Connecticut General Statutes

10-220f Safety committee

P.A. 13-3 An Act Concerning Gun Violence Prevention and Children’s Safety (Sections 86, 87, 88)

5144 Discipline - Punishment

5144.1 (a) Use of Physical Force

The Board of Education (Board) believes that maintaining an orderly, safe environment is conducive to learning and is an appropriate expectation of all staff members within the district. To the extent that staff actions comply with all applicable statutes and Board policy governing the use of physical force, including physical restraint of students and seclusion of students, staff members will have the full support of the Board of Education in their efforts to maintain a safe environment.

The Board recognizes that there are times when it becomes necessary for staff to use reasonable restraint or place a student in seclusion as an emergency intervention to protect a student from harming himself/herself or to protect others from harm. (Alternative language: “to use reasonable restraint or place a student in seclusion to provide a safe environment for students.”)

Definitions

Life-threatening physical restraint means any physical restraint or hold of a person that restricts the flow of air into a person’s lungs, whether by chest compression or any other means, or immobilizes or reduces the free movement of a person’s arms, legs or head while the person is in the prone position.

Psychopharmacologic agent means any medication that affects the central nervous system, influencing thinking, emotion or behavior.

Physical restraint means any mechanical or personal restriction that immobilizes or reduces the free movement of a person’s arms, legs or head, including, but not limited to, carrying or forcibly moving a person from one location to another. Excluded from this definition is briefly holding a person in order to calm or comfort the person; restraint involving the minimum contact necessary to safely escort a person from one area to another; medical devices including but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; helmets or other protective gear used to protect a person from injuries due to a fall; helmets, mitts and similar devices used to prevent self-injury when the device is part of a documented treatment plan or individualized education program pursuant to Connecticut’s special education laws or prescribed or recommended by a medical professional and is the least restrictive means to prevent such self-injury or an exclusionary time out.

School employee means a teacher, substitute teacher, school administrator, Superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional, or coach employed by the Board of Education or working in a public elementary, middle or high school; or any other individual who, in the performance of his/her duties has regular contact with students and who provides services to or on behalf of students enrolled in the district’s schools, pursuant to a contract with the board of education.

Policy #5144.1(b)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

Definitions (continued)

Seclusion means the involuntary confinement of a student in a room, from which the student is physically prevented from leaving. Seclusion does not include an exclusionary time out.

Student means a child (A) enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of a local or regional Board of Education, (B) receiving special education and related services in an institution or facility operating under contract with a local or regional Board of Education, (C) enrolled in a program or school administered by a regional education service center, or (D) receiving special education and related services from an approved private special education program, but shall not include any child receiving educational services from Unified School District #2 or the Department of Mental Health and Addiction Services.

Exclusionary time out means a temporary, continuously monitored separation of a student from an ongoing activity in a non-locked setting, for the purpose of calming such student or deescalating such student’s behavior.

Conditions Pertaining to the Use of Physical Restraint and/or Seclusion

A. School employees shall not use a life-threatening physical restraint on a student under any circumstance.

B. If any instance of physical restraint or seclusion of a student exceeds fifteen minutes an administrator or his/her designee, or a school health or mental health personnel, or a board certified behavioral analyst, who has received training in the use of physical restraint and seclusion shall determine whether continued physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others. Upon a determination that such continued physical restraint or seclusion is necessary, such individual shall make a new determination every thirty minutes thereafter regarding whether such physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others.

C. No student shall be placed in seclusion unless:

a. The use of seclusion is as an emergency intervention to prevent immediate or imminent injury to the student or to others, provided the seclusion is not used for discipline or convenience and is not used as a substitute for a less restrictive alternative.

Policy - 5144.1(c)

Students - Use of Physical Force

Physical Restraint/Seclusion/Exclusionary Time Out

Conditions pertaining to the Use of Physical Restraint and/or Seclusion (continued)

b. Such student is continually monitored by a school employee during the period of such student’s seclusion. Any student voluntarily or involuntarily placed in seclusion or restrained shall be regularly evaluated by a school employee for indications of physical distress. The school employee conducting the evaluation shall enter each evaluation in the student’s educational record. Monitor shall mean by direct observation or by observation using video monitoring within physical proximity sufficient to provide aid as may be required.

c. The area in which such student is secluded is equipped with a window or other fixture allowing the student a clear line of sight beyond the area of seclusion.

d. Seclusion shall not be utilized as a planned intervention in a student’s behavioral intervention plan, individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time.

D. School employees may not use a psychopharmacologic agent on a student without that student’s consent except (1) as an emergency intervention to prevent immediate or imminent injury to the student or to others, or (2) as an integral part of the student’s established medical or behavioral support or educational plan, as developed consistent with Section 17a-543 of the Connecticut General Statutes or, if no such plan has been developed, as part of a licensed practitioner’s initial orders. The use of psychopharmacologic agents, alone or in combination, may be used only in doses that are therapeutically appropriate and not as a substitute for other appropriate treatment.

E. In the event that physical restraint or seclusion is used on a student four or more times within twenty school days:

a. An administrator, one or more of such student’s teachers, the parent/guardian of such student and, if any, a mental health professional shall convene for the purpose of:

i. Conducting or revising a behavioral assessment of the student;

ii. Creating or revising any applicable behavioral intervention plan; and

iii. Determining whether such student may require special education.

b. If such student is a child requiring special education or is a child being evaluated for eligibility for special education and awaiting a determination, such student’s planning and placement team shall convene for the purpose of (1) conducting or revising a behavioral assessment of the student, and (2) creating or revising any applicable behavioral intervention plan, including, but not limited to, such student’s individualized education plan.

Policy - 5144.1(d)

Students - Use of Physical Force

Physical Restraint/Seclusion/Exclusionary Time Out

Conditions pertaining to the Use of Physical Restraint and/or Seclusion (continued)

F. The parent/guardian of a student who is placed in physical restraint or seclusion shall be notified not later than twenty-four hours after the student is placed in physical restraint or seclusion. A reasonable effort shall be made to provide such notification immediately after such physical restraint or seclusion is initiated.

G. School employees shall not use a physical restraint on a student or place a student in seclusion unless he/she has received training on the proper means for performing such physical restraint or seclusion.

H. The Board of Education, and each institution or facility operating under contract with the Board to provide special education for children, including any approved private special education program, shall:

a. Record each instance of the use of physical restraint or seclusion on a student;

b. Specify whether the use of seclusion was in accordance with an individualized education program;

c. Specify the nature of the emergency that necessitated the use of such physical restraint or seclusion; and

d. Include such information in an annual compilation on its use of such restraint and seclusion on students.

I. The Board and institutions or facilities operating under contract with the Board to provide special education for children, including any approved private special education program shall provide such annual compilation to the Department of Education in order to examine incidents of physical restraint and seclusion in schools.

J. Any use of physical restraint or seclusion on a student shall be documented in the student’s educational record. The documentation shall include:

a. The nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise; and

b. A detailed description of the nature of the restraint or seclusion, the duration of such restraint or seclusion and the effect of such restraint or seclusion on the student’s established educational plan.

K. Any incident of the use of restraint or seclusion that results in physical injury to a student shall be reported to the State Board of Education.

Policy - 5144.1(e)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out (continued)
Required Training and Prevention Training Plan

Training shall be provided by the Board to the members of the crisis intervention team for each school in the district. The Board may provide such training to any teacher, administrator, school professional or other school employee, designated by the school principal and who has direct contact with students regarding physical restraint and seclusion of students. Such training shall be provided during the school year commencing July 1, 2017 and each school year thereafter, and shall include, but not be limited to:

1. An overview of the relevant laws and regulations regarding the use of physical restraint and seclusion on students and the proper uses of physical restraint and seclusion. (Such overview is to be provided by the Department of Education commencing July 1, 2017 and annually thereafter, in a manner and form as prescribed by the Commissioner of Education.)

2. The creation of a plan by which the Board will provide training regarding the prevention of incidents requiring physical restraint or seclusion of students.

Such plan is to be implemented not later than July 1, 2018.

3. The Board will create a plan, to be implemented not later than July 1, 2018, requiring training regarding the proper means of physical restraint or seclusion of a student, including, but not limited to:

a. Verbal defusing and de-escalation;

b. Prevention strategies;

c. Various types of physical restraint and seclusion;

d. The differences between life-threatening physical restraint and other varying levels of physical restraint;

e. The differences between permissible physical restraint and pain compliance techniques; and

f. Monitoring methods to prevent harm to a student who is physically restrained or in seclusion, including training in the proper means of physically restraining or secluding a student.

g. Recording and reporting procedures on the use of physical restraint and seclusion.

Policy - 5144.1(f)

Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out (continued)

Crisis Intervention Teams

For the school year commencing July 1, 2017 and each school year thereafter, the Board requires each school in the District to identify a crisis intervention team. Such team shall consist of any teacher, administrator, school professional or other school employee designated by the school principal and who has direct contact with student and trained in the use of physical restraint and seclusion.

Such teams shall respond to any incident in which the use of physical restraint or seclusion may be necessary as an emergency intervention to prevent immediate or imminent injury to a student or to others.

Each member of the crisis intervention team shall be recertified in the use of physical restraint and seclusion on an annual basis. The Board shall maintain a list of the members of the crisis intervention team for each school.

Exclusionary Time Out

Not later than January 1, 2019, the Board establishes this portion of this policy regarding the use of an exclusionary time out, as defined in this policy. This policy regarding exclusionary time outs includes, but need not be limited to, the following requirements:

exclusionary time outs are not to be used as a form of discipline;

at least one school employee remain with the student, or be immediately available to the student such that the student and school employee are able to communicate verbally, throughout the exclusionary time out;

the space used for an exclusionary time out is clean, safe, sanitary and appropriate for the purpose of calming such student or deescalating such student’s behavior;

the exclusionary time out period terminate as soon as possible; and

if such student is a child requiring special education, as defined in C.G.S. 10-76a, or a child being evaluated for special education, pursuant to C.G.S. 10-76d, and awaiting a determination, and the interventions or strategies are unsuccessful in addressing such student’s problematic behavior, such student’s planning and placement team shall convene as soon as is practicable to determine alternative interventions or strategies.

P5144.1(g)

Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

Dissemination of Policy

This policy and its procedures shall be made available on the District’s website and in the Board’s procedural manual. The policy shall be updated not later than sixty (60) days after the adoption or revision of regulations promulgated by the State Board of Education.

(cf. 4148/4248 – Employee Protection)

(cf. 5141.23 – Students with Special Health Care Needs)

(cf. 5144.2 – Use of Exclusionary Time out Settings)

Legal Reference: Connecticut General Statutes

10-76b State supervision of special education programs and services.10-76d Duties and powers of boards of education to provide special education programs and services.

10-236b Physical restraint and seclusion of students by school employees. (As amended by PA 17-220 and PA 18-51)

46a-150 Definitions. (As amended by PA 07-147 and PA 15-141)

46a-152 Physical restraint, seclusion and use of psychopharmacologic agents restricted. Monitoring and documentation required.

46a-153 recording of use of restraint and seclusion required. Review of records by state agencies. Reviewing state agency to report serious injury or death to Office of Protection and Advocacy for Persons with Disabilities and to Office of Child Advocate. (As amended by PA 12-88)

53a-18 Use of reasonable physical force or deadly physical force generally.

53a-19 Use of physical force in defense of person.

53a-20 Use of physical force in defense of premises.

53a-21 Use of physical force in defense of property.

PA 07-147 An Act Concerning Restraints and Seclusion in Public Schools.

PA 15-141 An Act Concerning Seclusion and Restraint in Schools.

State Board of Education Regulations Sections 10-76b-5 through 10-76b-11.

Policy adopted:

cps 7/15

rev 5/16

rev 6/17

rev 11/18

Listed below are three forms attached as a PDF.

Form 1 - Physical Restraint Report Form
Form 2 - Seclusion Report Form
Form 3 - Report of Seclusion or Restraint Incident Report

5144.1

Appendix A - RESTRAINT AND SECLUSION LAWS IN CONNECTICUT

The following sets forth Connecticut law related to the physical restraint and seclusion of persons at risk, which can be found in Public Act 07-157, amending Connecticut General Statutes Sections 46a-150 through 46a-153, 10-76b, and 10-76d and Public Act 15-141. The Winchester Board of Education mandates compliance with these laws at all times.

I. The following definitions apply to these procedures:

Life-threatening physical restraint means any physical restraint or hold of a person that (restricts the flow of air into a person's lungs, whether by chest compression or any other means, or immobilizes or reduces the free movement of a person's arms, legs or head while the person is in the prone position.

Psychopharmacologic agent means any medication that affects the central nervous system, influencing thinking, emotion or behavior.

School employee means a teacher, substitute teacher, school administrator, superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional, or coach employed by the board of education or working in a public elementary, middle of high school; or any other individual who, in the performance of his/her duties has regular contact with students and who provides services to or on behalf of students enrolled in the district’s schools, pursuant to a contract with the board of education.

Student means a child (A) enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of a local or regional board of education, (B) receiving special education and related services in an institution or facility operating under contract with a local or regional board of education, (C) enrolled in a program or school administered by a regional education service center, or (D) receiving special education and related services from an approved private special education program, but shall not include any child receiving educational services from Unified School District #2 or the Department of Mental Health and Addiction Services.

Provider: A person who provides direct care, or supervision of a person at risk.

Assistant Provider or Assistant: A person assigned to provide, or who may be called upon in an emergency to provide, assistance or security to a provider or supervision of a person at risk.

Person at Risk: A person receiving care or supervision in an institution or facility operated by, licensed or authorized to operate by or operating pursuant to a contract with the Departments of Public Heath, Developmental Services, Children and Families or Mental Health Addiction Services.

Life Threatening Physical Restraint: Any physical restraint or hold of a person that restricts the flow of air into a person’s lungs, whether by chest compression or any other means.

5144.1

Appendix A - RESTRAINT AND SECLUSION LAWS IN CONNECTICUT

Definitions (continued)

Physical Restraint: Any mechanical or personal restriction that immobilizes or reduces the free movement of a person’s arms, legs or head, including, but not limited to carrying or forcibly moving a person from one location to another. The term does not include: (A) Briefly holding a person in order to calm or comfort the person; (B) restraint involving the minimum contact necessary to safely escort a person from one area to another; (C) medical devices, including, but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; (D) helmets or other protective gear used to protect a person from injuries due to a fall; (E) helmets, mitts and similar devices used to prevent self-injury when the device is part of a documented treatment plan and is the least restrictive means available to prevent such self-injury or an exclusionary time out.

Seclusion: The involuntary confinement of a person in a room from which the person is physically prevented from leaving. Seclusion does not include an exclusionary time out.

Exclusionary Time Out: The temporary, continuously monitored separation of a student from an ongoing activity in a non-locked setting, for the purpose of calming such student or deescalating such student’s behavior.

II. Procedures for Physical Restraint of Persons at Risk

No school employee, provider or assistant shall under any circumstance use a life-threatening physical restraint on a person at risk.

No school employee, provider or assistant shall use involuntary physical restraint on a person at risk EXCEPT as an emergency intervention to prevent immediate or imminent injury to the person at risk or to others.

Physical restraint of a student or person at risk shall never be used as a disciplinary measure or as a convenience.

School employees, providers and assistants must explore all less restrictive alternatives prior to using physical restraint for a person at risk.

School employees, providers and assistants must comply with all regulations promulgated by the Connecticut State Board of Education in their use of physical restraint with a person at risk.

Monitoring

A school employee, provider or an assistant must continually monitor any student or person at risk who is physically restrained. The monitoring must be conducted by direct observation of the person at risk.

A school employee, provider or an assistant must regularly evaluate the person being restrained for signs of physical distress. The school employee, provider or assistant must record each evaluation in the educational record of the person being restrained.

5144.1

Appendix A - (continued)

RESTRAINT AND SECLUSION LAWS IN CONNECTICUT

Documentation and Communication

A school employee or provider must notify the parent or guardian of a student or person at risk of each incident that the person at risk is physically restrained.

The School Administrator/Director of Special Education must be notified of the following:

a. each use of physical restraint;

b. the nature of the emergency that necessitated its use; AND

c. if the physical restraint resulted in physical injury;

After a physical restraint occurs, the following information must be documented in the educational file of the student who was physically restrained:

a. in the case of an emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise;

b. a detailed description of the nature of the restraint;

c. the duration of the restraint; AND

d. the effect of the restraint on the person’s established behavioral support or educational plan.

III. Procedures for Seclusion of a Student

No school employee shall use involuntary seclusion on a student EXCEPT as an emergency intervention to prevent immediate or imminent injury to the student or to others.

Seclusion of a student shall never be used as a disciplinary measure or as a convenience.

Seclusion shall not be utilized as a planned intervention in a student’s behavioral intervention plan, individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973.

School employees, providers and assistants must explore all less restrictive alternatives prior to using seclusion. An Individualized Education Program Team (“IEP Team”) may not incorporate the use of seclusion into a child’s IEP.

School employees, providers and assistants must comply with all regulations promulgated by the Connecticut State Board of Education in their use of seclusion.

Monitoring

A school employee, provider or an assistant must frequently monitor any student who is placed in seclusion. The monitoring must be conducted by direct observation of the student.

A school employee, provider or an assistant must regularly evaluate the person in seclusion for signs of physical distress. The school employee, provider or assistant must record each evaluation in the educational record of the person who is in seclusion.

5144.1 - Appendix A

(continued)

RESTRAINT AND SECLUSION LAWS IN CONNECTICUT

III. Procedures for Seclusion of a Student (continued)

Documentation and Communication

A school employee, provider must notify the parent or guardian of a student of each incident that the student is placed in seclusion.

The Principal/Director of Special Education must be notified of the following:

a. each use of seclusion on a student;

b. the nature of the emergency that necessitated its use;

c. if the seclusion resulted in physical injury to the student; and

After seclusion occurs, the following information must be documented in the educational file of the student who was placed in seclusion:

b. a detailed description of the nature of the seclusion;

c. the duration of the seclusion; AND

d. the effect of the seclusion on the person’s established behavioral support or educational plan.

IV. Exclusionary Time Out

Not later than January 1, 2019, the Board establishes the following requirements regarding exclusionary time outs, which include, but need not be limited to the following:

1. exclusionary time outs are not to be used as a form of discipline;

2. at least one school employee remain with the student, or be immediately available to the student such that the student and school employee are able to communicate verbally, throughout the exclusionary time out;

3. the space used for an exclusionary time out is clean, safe, sanitary and appropriate for the purpose of calming such student or deescalating such student’s behavior;

4. the exclusionary time out period terminate as soon as possible; and

5. if such student is a child requiring special education, as defined in C.G.S. 10-76a, or a child being evaluated for special education, pursuant to C.G.S. 10-76d, and awaiting a determination, and the interventions or strategies are unsuccessful in addressing such student’s problematic behavior, such student’s planning and placement team shall convene as soon as is practicable to determine alternative interventions or strategies.

5144.1 - Appendix A

(continued)

RESTRAINT AND SECLUSION LAWS IN CONNECTICUT

V. Responsibilities of the Superintendent/Director of Special Education

The Superintendent/Director of Special Education, or his or her designee, must compile annually the instances of physical restraint and seclusion within the District and the nature of each instance of physical restraint and seclusion.

The Superintendent/Director of Special Education, or his or her designee, shall report to the Connecticut State Department of Education any instance of physical restraint or seclusion that resulted in physical injury to the person at risk.

The Director of Special Education, or his or her designee, must, at each initial IEP Team meeting for a child, inform the child’s parent, guardian, or surrogate parent, or the student if such student is an emancipated minor or eighteen years of age or older, of the laws relating to physical restraint and seclusion as expressed through this regulation, and of the laws and regulations adopted by the Connecticut State Board of Education relating to physical restraint and seclusion.

VI. Responsibilities of the Connecticut State Board of Education

The State Board of Education shall review the annual compilation of each local and regional board of education and shall produce an annual summary report identifying the frequency of use of physical restraint or seclusion on students and specifying whether the use of such seclusion was in accordance with an individualized education program (IEP) or whether the use of such physical restraint or such seclusion was an emergency. Such report shall be submitted on an annual basis as specified by the Department of Education.

The State Board of Education and the Commissioner receiving a report of serious injury or death resulting from a physical restraint or seclusion shall report the incident to the Director of the Office of Protection and Advocacy for Persons with Disabilities and, if appropriate, the Child Advocate of the Office of the Child Advocate.

The State Board of Education may regulate the use of physical restraint and seclusion of special education students in the public schools.

The State Board of Education shall adopt regulations concerning the use of physical restraint and seclusion in public schools.

Regulations - 5144.1(a)

Students - Use of Physical Force

Physical Restraint/Seclusion/Exclusionary Time Out

The Board of Education (Board) seeks to foster a safe and positive learning environment for all students. In compliance with law, Board of Education employees will avoid the use of physical restraint or seclusion of students. However, physical restraint or seclusion of a student by trained school employees may be necessary in an emergency situation to maintain the safety of the student, where harm to the student or others is immediate or imminent.

The following sets forth the procedures for compliance with the relevant Connecticut General Statutes and Regulations concerning the physical restraint and seclusion of students in the Winchester Public Schools. The Board/Superintendent mandates compliance with this regulation and the law at all times. Violations of this regulation by a school employee or other individual working at the direction of, or under the supervision of the Board may result in disciplinary action, up to and including possible termination of employment status and/or termination of contract for services.

Nothing within these regulations shall be construed to interfere with the Board’s responsibility to maintain a safe school setting, in accordance with Connecticut General Statutes §10-220, or to supersede the justifiable use of reasonable physical force permitted under Connecticut General Statutes §53a-18(6).

I. Definitions

A. Life-threatening physical restraint means any physical restraint or hold of a person that (restricts the flow of air into a person’s lungs, whether by chest compression or any other means, or immobilizes or reduces the free movement of a person’s arms, legs or head while the person is in the prone position.

B. Psychopharmacologic agent means any medication that affects the central nervous system, influencing thinking, emotion or behavior.

C. Physical restraint means any mechanical or personal restriction that immobilizes or reduces the free movement of a person’s arms, legs or head, including, but not limited to, carrying or forcibly moving a person from one location to another. Excluded from this definition is briefly holding a person in order to calm or comfort the person; restraint involving the minimum contact necessary to safely escort a person from one area to another; medical devices including but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; helmets or other protective gear used to protect a person from injuries due to a fall; helmets, mitts and similar devices used to prevent self-injury when the device is part of a documented treatment plan or individualized education program pursuant to Connecticut’s special education laws or prescribed or recommended by a medical professional and is the least restrictive means to prevent such self-injury or an exclusionary time out.

Regulations - 5144.1(b)

Students - Use of Physical Force

Physical Restraint/Seclusion/Exclusionary Time Out

I. Definitions (continued)

D. School employee means a teacher, substitute teacher, school administrator, Superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional, or coach employed by the Board of Education or working in a public elementary, middle or high school; or any other individual who, in the performance of his/her duties has regular contact with students and who provides services to or on behalf of students enrolled in the district’s schools, pursuant to a contract with the Board of Education.

E. Seclusion means the involuntary confinement of a student in a room from which the student is physically prevented from leaving. Seclusion does not include an exclusionary time out.

F. Student means a child (A) enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of a local or regional board of education, (B) receiving special education and related services in an institution or facility operating under contract with a local or regional Board of Education, (C) enrolled in a program or school administered by a regional education service center, or (D) receiving special education and related services from an approved private special education program, but does not include any child receiving educational services from Unified School District #2 or the Department of Mental Health and Addiction Services. A special education student, ages 18 to 21 inclusive, in a transition program is also covered by these regulations.

G. Behavior Intervention: Supports and other strategies developed by the Planning and Placement Team (“PPT”) to address the behavior of a person at risk that impedes the learning of the person at risk or the learning of others.

H. Exclusionary Time Out: A temporary, continuously monitored separation of a student from an ongoing activity in a non-locked setting, for the purpose of calming such student or deescalating such student’s behavior.

II. Procedures for Physical Restraint of Students

A. No school employee shall under any circumstance use a life-threatening physical restraint on a student.

B. No school employee shall use involuntary physical restraint on a student except as an emergency intervention to prevent immediate or imminent injury to the student or to others.

Regulations - 5144.1(c)

Students - Use of Physical Force

Physical Restraint/Seclusion/Exclusionary Time Out

II. Procedures for Physical Restraint of Students (continued)

C. No school employee shall use physical restraint on a student unless the school employee has received training in accordance with state law and District training plans.

D. Physical restraint of a student shall never be used as a disciplinary measure, as a convenience, or instead of a less restrictive alternative.

E. School employees must explore all less restrictive alternatives prior to using physical restraint on a student.

F. School employees are barred from placing a student in physical restraint until he or she has received training in its proper use.

G. School employees must comply with all regulations promulgated by the Connecticut State Board of Education in their use of physical restraint.

H. Monitoring

a. A trained school employee must continually monitor any student who is physically restrained. The monitoring must be conducted by direct observation of the student, or by video provided the video monitoring occurs close enough for the monitor to provide assistance, if needed.

b. A trained school employee must regularly evaluate the person being restrained for signs of physical distress. The school employee must record each evaluation in the educational record of the student being restrained.

III. Procedures for Seclusion of Students

A. No school employee shall use involuntary seclusion on a student except as follows:

1. as an emergency intervention to prevent immediate or imminent injury to the student or to others; or

2. as specifically provided for in a student’s behavioral plan, if other less restrictive, positive behavior interventions appropriate to the behavior exhibited by the student have been implemented but were ineffective.

B. Use of Seclusion

1. A school employee may not use seclusion to discipline a student, because it is convenient or instead of a less restrictive alternative.

2. The area in which the student is secluded must have a window or other fixture allowing the student to clearly see beyond the seclusion area.

Regulations - 5144.1(d)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

III. Procedures for Seclusion of Students

B. Use of Seclusion (continued)

3. Any room used for seclusion must:

a. be of a size that is appropriate to the chronological and developmental age, size and behavior of the student;

b. have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which the seclusion room is located;

c. be equipped with heating, cooling, ventilation and lighting systems that are comparable to the systems that are used in the other rooms of the building in which the seclusion room is located;

d. be free of any object that poses a danger to the student who is being placed in the seclusion room;

e. conform by applicable building code requirement and have a door with a lock if that lock is equipped with a device that automatically disengages the lock in case of an emergency. Any latching or securing of the door, whether by mechanical means or by a provider or assistant holding the door in place to prevent the student from leaving the room, shall be able to be removed in the case of any emergency. The locking mechanism to be used shall be a device that shall be readily released by staff as soon as possible but in no case longer than within two minutes of the onset of an emergency and is connected to the fire alarm system so that the locking mechanism is released automatically when a fire alarm is sounded. An “emergency,” for purposes of this subsection, includes but is not limited to the following:

i. the need to provide direct and immediate medical attention to the student;

ii. fire;

iii. the need to remove the student to a safe location during a building lockdown; or

iv. other critical situations that may require immediate removal of the student from seclusion to a safe location; and

f. Have an unbreakable observation window located in a wall or door to permit frequent visual monitoring of the person at risk and any provider or assistant in such room. The requirement for an unbreakable observation window does not apply if it is necessary to clear and use a classroom or other room in the school building as a seclusion room.

g. The monitoring of students in seclusion is to be done by direct observation from another room or by video, provided the video monitoring occurs close enough for the monitor to provide aid if needed.

Regulations - 5144.1(e)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

III. Procedures for Seclusion of Students

B. Use of Seclusion (continued)

h. Seclusion shall not be utilized as a planned intervention in a student’s behavioral intervention plan, individualized education program (IEP) or plan pursuant to Section 504 of the Rehabilitation Act of 1973, as periodically amended.

i. Any period of seclusion (1) shall be limited to that time necessary to allow the student to compose him or herself and return to the educational environment and (2) shall not exceed 15 minutes, except that this may be extended for additional periods of up to 30 minutes each, if the Principal or his/her designee, school health or mental health professional, or board certified behavioral analyst trained in the use of restraint and seclusion determines that continued restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others. Such authorization is to be placed in writing. Where transportation of the student is necessary, the written authorization to continue the use of seclusion is not required if immediate or imminent injury to the person at risk or to others is a concern.

j. School employees, must explore all less restrictive alternatives prior to using seclusion for a student as an emergency intervention.

k. School employees must comply with all regulations promulgated by the Connecticut State Board of Education in their use of seclusion for students.

l. School employees are barred from placing a student in seclusion until he/she has received training in its proper use in accordance with state law and/or District-training plans.

IV. Procedures for Exclusionary Time Out for Students

a. Exclusionary time outs are not to be used as a form of discipline.

b. At least one school employee shall remain with the student, or be immediately available to the student such that the student and school employee are able to communicate verbally, throughout the exclusionary time out.

c. The space used for an exclusionary time out must be clean, safe, sanitary and appropriate for the purpose of calming such student or deescalating such student’s behavior.

d. The exclusionary time out period must terminate as soon as possible.

e. If the student is a child requiring special education, as defined in C.G.S. 10-76a, or a child being evaluated for special education, pursuant to C.G.S. 10-76d, and awaiting a determination, and the interventions or strategies are unsuccessful in addressing such student’s problematic behavior, such student’s planning and placement team shall convene as soon as is practicable to determine alternative interventions or strategies.

Regulations - 5144.1(f)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out (continued)

V. Required Meetings

A. Students not Eligible for Special Education (and not being evaluated for eligibility for special education)

1. In the event that physical restraint or seclusion is used on a student four (4) or more times within twenty (20) school days, a team composed of an administrator, one or more of the student’s teachers, a parent or guardian of the student, and, if any, a school mental health professional, shall convene to:

a. conduct or revise a behavioral assessment of the student;

b. create or revise any applicable behavior intervention plan; and

c. determine whether such student may require a referral for consideration for special education.

2. The requirement to convene this meeting shall not supersede the District’s obligation to refer a student to a planning and placement team (“PPT”) as may be required in accordance with federal and state law.

B. Students Eligible for Special Education (and students being evaluated for eligibility for special education)

In the event that physical restraint or seclusion is used on a student four (4) or more times within twenty (20) school days, the student’s PPT shall convene to:

1. conduct or revise a functional behavioral assessment (“FBA”);

2. create or revise any applicable behavior intervention plan (“BIP”), including but not limited to, such student’s individualized education program (“IEP”); and

3. review or revise the student’s IEP, as appropriate.

C. A District and/or school administrator(s) shall determine the school employee(s) responsible for reviewing the number of occurrences of the use of physical restraint or seclusion on a monthly basis to ensure that the appropriate meeting(s) has been convened following the fourth occurrence of physical restraint or seclusion in a twenty (20) day period.

VI. Use of Psychopharmacologic Agent

A. No school employee may use a psychopharmacologic agent on a student without that student’s consent and the consent of the student’s parent/guardian, except:

1. As an emergency intervention to prevent immediate or imminent injury to the student or to others; or

2. As an integral part of the student’s established medical or behavioral support or educational plan, or, if no such plan has been developed, as part of a licensed practitioner’s initial orders.

Regulations - 5144.1(g)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

VI. Use of Psychopharmacologic Agent (continued)

B. The use of psychopharmacologic agents, alone or in combination, may be used only in doses that are therapeutically appropriate and not as a substitute for other appropriate treatment.

C. Any administration of a psychopharmacologic agent must ONLY be done in accordance with applicable federal and state law and the Board of Education’s Administration of Medication Policy. (5141.21)

VII. Training of School Employees

The Board will provide training to the members of the crisis intervention team for each school in the district. The Board may provide such training to any teacher, administrator, school paraprofessional and other school employees designated by the school principal and who has direct contact with students. The training shall be provided during the school year commencing July 1, 2017 and annually thereafter.

The training will include, but not be limited to:

1. An overview of the relevant laws and regulations regarding the use of physical restraint and seclusion on students and the proper uses of physical restraint and seclusion. Such overview shall be in a manner and form as prescribed by the State Department of Education.

2. The creation of a plan by which the Board will provide training and professional development regarding the prevention of incidents requiring physical restraint or seclusion of students.

The plan is to be implemented not later than July 1, 2018.

a. Verbal defusing or de-escalating;

b. Prevention strategies;

c. Various types of physical restraint and seclusion;

d. The differences between life-threatening physical restraint and other varying levels of physical restraint;

Regulations - 5144.1(h)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

VII. Training of School Employees (continued)

e. The differences between permissible physical restraint and pain compliance techniques;

f. Monitoring methods to prevent harm to a student who is physically restrained or in seclusion, including training in the proper means of physically restraining or secluding a student; and

g. Recording and reporting procedures on the use of physical restraint and seclusion.

VIII. Crisis Intervention Teams

Annually, each school shall identify a crisis intervention team. Such team shall consist of any teacher, administrator, school paraprofessional or other school employee designated by the school principal and who has direct contact with students and trained in the use of physical restraint and seclusion.

The Crisis Intervention Team will respond to any incident in which the use of physical restraint or seclusion may be necessary as an emergency intervention to prevent immediate or imminent injury to a student or to others.

Each member of the crisis intervention team shall be recertified in the use of physical restraint and seclusion annually. The Board shall maintain a list of the members of the crisis interventional team for each school.

This policy and procedures is available on the District’s website and in the Board’s procedural manual. The policy shall be updated not later than sixty (60) days after the adoption or revision of regulations promulgated by the State Board of Education.

IX. Documentation and Communication

A. After each incident of physical restraint or seclusion, and no later than the school day following the incident, a school employee must complete the standardized incident report form developed by the Connecticut State Department of Education for reporting incidents of physical restraint and seclusion. The incident form must be included in the educational file of the person at risk who was physically restrained or secluded. The information documents on the form must include the following:

Regulations - 5144.1(i)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

IX. Documentation and Communication (continued)

1. in the case of an emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise;

2. a detailed description of the nature of the restraint or seclusion;

3. the duration of the restraint or seclusion;

4. the effect of the restraint or seclusion on the student’s established behavioral support or educational plan; and

B. A school employee must notify the parent or guardian of a student of each incident that the student is physically restrained or placed in seclusion.

1. A reasonable attempt shall be made to notify the parent or guardian of the student on the day of, but no later than twenty-four (24) hours after, physical restraint or seclusion is used as an emergency intervention to prevent immediate or imminent injury to the student or others.

2. Notification may be made by telephone, e-mail, or other method which may include, but is not limited to, sending a note home with the student.

3. The parent or guardian of a student who has been physically restrained or placed in seclusion shall be sent a copy of the completed standardized incident report of such action no later than two (2) business days after the emergency use of physical restraint or seclusion, regardless of whether the parent received the notification described in subsections 1 and 2 above.

C. The Director of Special Education [or other responsible administrator], or his or her designee, must, at each initial PPT meeting for a student, inform the child’s parent, guardian, or surrogate parent, or the student if such student is an emancipated minor or eighteen years of age or older, of the laws relating to physical restraint and seclusion as expressed through this regulation, and of the laws and regulations adopted by the Connecticut State Board of Education relating to physical restraint and seclusion.

Regulations - 5144.1(j)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

IX. Documentation and Communication (continued)

D. The Director of Special Education [or other responsible administrator], or his or her designee, shall provide to the child’s parent, guardian, or surrogate parent, or the student if such student is an emancipated minor or eighteen years of age or older, at the first PPT meeting following the child’s referral to special education the plain language notice of rights regarding physical restraint and seclusion developed by the Connecticut State Department of Education.

E. The plain language notice developed by the Connecticut State Department of Education shall also be provided to the child’s parent, guardian, or surrogate parent, or the student if such student is an emancipated minor or eighteen years of age or older at the first PPT meeting at which the use of seclusion as a behavior intervention is included in the child’s behavioral support or education plan.

F. The Director of Special Education [or other responsible administrator], or his or her designee, must be notified of the following:

1. each use of physical restraint or seclusion on a special education student;

2. the nature of the emergency that necessitated its use;

3. if the physical restraint or seclusion resulted in physical injury to the student.

X. Responsibilities of the Director of Special Education [or other responsible administrator]

A. The Director of Special Education [or other responsible administrator], or his or her designee, must compile annually the instances of physical restraint and seclusion within the District, the nature of each instance of physical restraint and seclusion and whether instances of seclusion were conduct pursuant to IEPs.

B. The Director of Special Education [or other responsible administrator], or his or her designee, must report to the Connecticut State Department of Education any instance of physical restraint or seclusion that resulted in physical injury to the student.

Regulations -5144.1(k)
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out

Legal References: Connecticut General Statutes

10-76b State supervision of special education programs and services.

10-76b-5 through 10-76b-11 Use of Seclusion & Restraint in Public Schools.

10-236b Physical restraint and seclusion of students by school employees. (As amended by PA 17-220 and PA 18-51)

10-76d Duties and powers of the boards of education to provide special education programs and services.

10-220 Duties of boards of education.

46a-150-154 Physical Restraint, medication, and seclusion of persons receiving care, education, or supervision in an institution or facility.

46a-153 Recording of use of restraint and seclusion required. Review of records by state agencies. Reviewing state agency to report serious injury or death to Office of Protection and Advocacy for Persons with Disabilities and to Office of Child Advocate. (As amended by P.A. 12-88)

53a-18 Use of reasonable physical force.

P.A. 07-147 an Act Concerning Restraints and Seclusion in Public Schools.

P.A 15-141 an Act Concerning Seclusion and Restraint in Schools

Other Reference: Restraint and Seclusion: Resource Document, United States Department of Education, available at http://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf.

Regulation approved:

cps 7/15

rev 5/16

rev 6/17

rev 7/18

rev 10/18

5144.3a Discipline of Students with Disabilities

Students with disabilities are neither immune from a school district's disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Students with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their Individualized Education Program (IEP), any behavioral intervention plan, and this policy. During any period of disciplinary action, the student will continue to receive a "free appropriate public education" in accordance with federal law and applicable regulations.

Manifestation Determination

When a disciplinary change in placement is being considered for more than ten (10) days in a given school year related to a disabled student's behavior, the Planning and Placement Team (PPT) team and other qualified district personnel will review the relationship between the student's disability and the behavior. Such a review must take place as soon as possible, but no later than ten (10) school days from the date of the decision to take disciplinary actions which would remove a student with a disability from his/her current educational placement for more than ten (10) school days.

The team will determine whether the student's behavior is a manifestation of the disability and whether the student's disability impaired his or her ability to control or understand the impact and consequences of the behavior.

Disciplinary Action for Behavior that is Not a Manifestation

Once the team determines that the behavior was not a manifestation of the disability, disciplinary procedures will be applied to the student in the same manner as applied to non-disabled students.

Disciplinary Action and/or Alternative Placement for Behavior that is a Manifestation

A student with disabilities whose behavior is determined to be a manifestation of his or her disability may not be expelled but will be disciplined in accordance with his or her IEP, any behavioral intervention plan, and this policy.

In addition to any disciplinary action provided for in the IEP or behavioral intervention plan, a disabled student may be suspended for up to ten (10) school days to the extent suspension would be applied to non-disabled students.

Disabled students carrying weapons to school or to a school function or possessing, selling, or soliciting drugs may be removed to an alternative setting but not more than forty-five (45) days.

A hearing officer may order removal to an alternative setting for forty-five (45) days where the district demonstrates by substantial evidence that maintaining the student's current placement is substantially likely to result in injury to the student or others.

Either before or within ten (10) days after any change in placement for more than ten (10) days related to a disciplinary problem, the PPT team must meet to determine an appropriate alternative setting, to develop a behavioral assessment plan or to review and modify an existing intervention plan, and review and modify the IEP where necessary.

Nothing in this policy shall prohibit the PPT team from establishing consequences for disruptive or unacceptable behavior as a part of the student's IEP. The plan shall be subject to all procedural safeguards established by the IEP process.

Expedited Hearings

An expedited hearing is available when:

The parent/guardian disagrees with the PPT team's determination regarding manifestation or with any decision regarding placement.

The parent/guardian disagrees with the proposed new placement following an interim alternative placement.

The district believes it is dangerous for the student to be returned to the previous placement.

During any challenge to placement, the student will stay in the alternative placement.

Students Not Identified as Disabled

Students who have not been identified as disabled may be subjected to the same disciplinary measures applied to children without disabilities if the district did not have "knowledge" of the disability.

The district has knowledge of the disability when:

The parent has expressed concern in writing that the student needs special education.

The student's behavior or performance has demonstrated such a need.

The parent has requested an evaluation.

The student's teacher or other district personnel have expressed concern about the student's behavior or performance to the director of special education or other district personnel.

If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited.

(cf. 5114 - Suspension/Expulsion/Due Process)

(cf. 5125 - Student Records)

(cf. 5131 - Conduct)

(cf. 5131.6 - Drugs, Tobacco, Alcohol)

(cf. 5131.7 - Weapons and Dangerous Instruments)

(cf. 5144 - Discipline/Punishment)

Legal Reference: Connecticut General Statutes

10-233a through 10-233f. Suspension, removal and expulsion of students, as amended by PA 95-304 and PA 96-244.

53a-3 Definitions.

53a-217b Possession of Firearms and Deadly Weapons on School Grounds.

PA 94-221 An Act Concerning School Discipline and Security.

GOALS 2000: Educate America Act, Pub. L. 103-227.

18 U.S.C. 921 Definitions.

Title I - Amendments to the Individuals with Disabilities Act. (PL 105-17)

Sec. 314 (Local Control Over Violence)

Elementary and Secondary Schools Act of 1965, as amended by the un Free Schools Act of 1994.

5144.4 (a) Physical Exercise and Discipline of Students

Board of Education Policy Regarding

Students – Discipline

Physical Exercise and Discipline of Students

Policy: 5144.4(a)

Amended: 12/10/2019

Supersedes/Amends: 12/12/2017, 3/12/2019

The Board of Education (Board) recognizes that a positive approach toward exercise and physical activity is important to the health and well-being of students. The Board requires that each student in elementary school shall have not less than twenty minutes daily in total devoted to physical exercise, except that a Planning and Placement Team may alter such schedule for a child requiring special education and related services. Further, the Board permits, in its elementary schools, including an additional amount of time, beyond the required twenty minutes for physical exercise, devoted to undirected play during the regular school day, subject to the approval of the building administrations.

All aspects of the school experience should encourage students to have a healthy attitude toward exercise and promote the life-long enjoyment of physical activity. Therefore, when school employees impose disciplinary consequences for student misconduct during the regular day, the following restrictions shall apply:

Loss of Recess as Disciplinary Consequence

Except as provided below, school employees may NOT prevent a student in elementary school from participating in the entire time devoted to physical exercise or undirected play in the regular school day as a form of discipline. Recess and other physically active learning opportunities may include movement-oriented learning activities in the academic environment, physical activity breaks, and regularly scheduled school-wide routines and events that engage students in physical activity that is the time devoted each day (at least 20 minutes) to physical exercise in the District’s elementary schools.

Loss of recess or other physically active learning opportunities as a form of discipline may be permitted on a case-by-case basis if approved in writing by the building administration prior to the imposition of the discipline. Such approval may be granted for safety reasons, as a last resort before in-school suspension, or in extraordinary situations when alternative strategies to address student misconduct have been ineffective.

This restriction shall not apply to students who are receiving in-school suspension.

Physical Activity as Punishment

School employees may NOT require students enrolled in grades K-12, inclusive, to engage in physical activity as a form of discipline during the school day.

Wellness Instruction

School employees shall not prevent students from participating in physical exercise or undirected play during wellness instruction as a form of discipline.

This restriction does not apply to brief periods of respite/time-outs, referrals to the building administrator, or for safety reasons.

At no time shall an entire class be prevented from participating in wellness instruction or physical exercise activity as a disciplinary consequence.

The Superintendent of Schools is authorized to develop guidelines to implement this policy.

Nothing in this policy shall prevent a school employee from acting in accordance with an Individualized Education Plan (IEP) developed by the student’s Planning and Placement Team (PPT).

For the purpose of this policy, “school employee” means a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in a public elementary, middle or high school; or any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to, or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the Board.

Any employee who fails to comply with this policy will be subject to discipline, up to and including termination of employment. Any contracted individual who provides services to or on behalf of District students and who fails to comply with the requirements of this policy may be subject to having his/her contract for services suspended by the District.

(cf. 6142.10 – Health Education Program)

(cf. 6142.101 – Wellness)

(cf. 6142.61 – Physical Activity)

(cf. 6142.6 – Physical Education)

Legal Reference: Connecticut General Statutes

10-221o Lunch periods. Recess (as amended by P.A. 12-116, An Act Concerning Educational Reform, and P.A. 13-173, An Act Concerning Childhood Obesity and Physical Exercise in Schools)

10-221u Boards to adopt policies addressing the use of physical activity as discipline. (as amended by PA 18-15)

5145 Bus Transportation & Behavior on Bus

5145 Bus Transportation & Behavior on Bus Guidelines

5145.15 FERPA Directory Information

Directory Information

The District may disclose any of the items listed as "Directory Information" without prior written consent, unless notified in writing to the contrary.

"Directory information" means one or more of the following items: student's name, address, telephone number, date and place of birth, major field(s) of study, participation in officially recognized activities and sports, photographic, computer and/or video images, grade levels, electronic mail address, weight and height of members of athletic teams, dates of attendance, degrees and awards received, including honor roll publication, and the most recent previous public or private school attended by the student, parent's name and/or e-mail address.

A student's Social Security Number or student ID number is prohibited from designation as directory information. However, student ID numbers, user ID, or other electronic personal identifiers used by a student to access or communicate in electronic systems may be disclosed only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticates the user's identity such as a personal identification number (PIN), password or other factor known or possessed only by the authorized user.

Military recruiters or institutions of higher learning shall have access to secondary school students' names, addresses, and telephone listings unless a secondary student or the parent of the student requests that such information not be released without prior written parental consent. The Board of Education shall notify parents of the option to make such a request and shall comply with any request received.

Any person or organization denied the rights accorded under this policy shall have the right to request a review of the decision by the Board of Education by filing a written request with the Superintendent of Schools.

Public Notice

The District will give annual public notice to parents/guardians of students in attendance and students eighteen years of age or emancipated. The notice shall identify the types of information considered to be directory information, the District's option to release such information and the requirement that the District must, by law, release secondary students' names, addresses and telephone numbers to military recruiters and/or institutions of higher education, unless parents/guardians or eligible students request the District withhold this information. Such notice will be given prior to the release of directory information.

A student ID number or other unique personal identifier that is displayed on a student ID badge may be
considered as directory information only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticates the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

Exclusions

Exclusions from any or all directory categories named as directory information or release of information to military recruiters and/or institutions of higher education must be submitted in writing to the Principal by the parent/guardian, student of eighteen years of age or emancipated student with fifteen days of the annual public notice.

(ct. 5125 - Student Records; Confidentiality)

Legal Reference: Connecticut General Statutes

1- 210 (11) Access to public records. Exempt records.

10-221b Boards of education to establish written uniform policy re treatment of recruiters.
Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General
Education Act, as amended, added by section 513 of P.L. 93-568, codified at 20 D.S.C.
1232g and Final Rule 34 CFR Part 99, December 9, 2008 and December 2,2011.)

P.L. 106-398,2000 H.R. 4205: The National Defense Authorization Act for Fiscal Year
2001.

P.L. 107-110 "No Child Left Behind Act'! Title IX, Sec. 9528.

5145.44(a) Personnel/Certified/Non-Certified Students Title IX

Board of Education Policy Regarding:
Personnel / Certified / Non-Certified Students Title IX
Policy # 5145.44(a)
Amended: 10/13/2020
Supersedes / Amends: 12/12/17-5145.44, 4000.1 3/14/2000, 12/11/2018

Personnel Certified/Non-Certified
Students - Title IX

The Board of Education (Board) policy is to maintain a learning and working environment free from any form of sex discrimination or sexual harassment. The Board agrees to comply with Title IX of the Education Amendments of 1972 and the Regulations as amended in the Final Rule promulgated pursuant thereto.

The Board, as required, shall respond whenever any employee has notice of sexual harassment, including allegations of sexual harassment. Title IX applies to persons in this District because its education programs or activities receive Federal financial assistance. This policy applies to all of the District’s programs or activities, whether such programs or activities occur on or off campus.

The District’s response shall be triggered by notice to a Title IX Coordinator, or to an official with authority to institute corrective measures on the recipient’s behalf, which charges a school with actual knowledge.

Definitions

Sex discrimination for purposes of this Title IX policy occurs when an individual, because of his or her sex, is denied participation in or the benefits of any program or activity receiving federal financial assistance. It includes when the District, as an employer, refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to such individual’s compensation, terms, conditions or privileges of employment on the basis of the individual’s sex.

Sexual harassment for purposes of this Title IX policy includes any of the three types of misconduct on the basis of sex, all of which jeopardize the equal access to education that Title IX is designed to protect:
1.   Any instance of quid pro quo harassment by a school’s employee;
2.   Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person’s equal access to the District’s educational programs or activities; or
3.   Any instance of sexual assault (as defined in 20 U.S.C.1092 (f)(6)(A)(v)), dating violence (as defined in 34U.S.C. 12291(a)(10)), domestic violence (as defined in 34U.S.C.12291(a)(8)), or stalking, (as defined in 34 U.S.C. 12291(a)(30).
(This definition does not make sexual harassment dependent on the method by which the harassment is carried out.)

P4000.1(b)
P5145.44
Personnel Certified/Non-Certified
Students -Title IX

Definitions (continued)

Program or activity includes those locations, events, or circumstances over which the District exercises substantial control over both the alleged harasser (respondent) and the context in which the sexual harassment occurred.

Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the District’s Title IX Coordinator or to any employee of the school district.
Title IX Coordinator is the individual designated and authorized by the Board to coordinate the District’s Title IX compliance efforts.
Deliberately indifferent means a response to a Title IX sexual harassment report that is not clearly unreasonable in light of the known circumstances.
Complainant is the individual who is alleged to be the victim of conduct that could constitute sexual harassment.
Respondent is the individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Formal complaint is the document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment.
Document filed by a complainant is a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.
Supportive measures are individualized services reasonably available that are non-punitive, non-disciplinary and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment. These measures are without charge to a complainant or a respondent and may be offered before or after the filing of a formal complaint or when no complaint has been filed.

Notifications
The District shall notify all students, employees, applicants for admission and employment, parents or legal guardians of students, and all unions/bargaining units of the Title IX Coordinator’s contact information. Such information shall include the name or title, office address, e-mail address, and telephone number of the Title IX Coordinator. The required contact information shall also be prominently displayed on District and school websites.

Reporting Procedures/Formal Complaint
Any person may report sex discrimination, including sexual harassment, whether or not the person reporting is the person alleged to be the victim of conduct that would constitute sex discrimination or sexual harassment. Such report may be made in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

P4000.1(c)
P5145.44
Personnel Certified/Non-Certified
Students - Title IX

Reporting Procedures/Formal Complaint (continued)

Such report may be made at any time, including during non-business hours, by using the Title IX Coordinator’s listed telephone number, e-mail address or by mail to the office address.

Any third party as well as the complainant may report sexual harassment. This includes parents and guardians of students.

At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in the education program or activity of the District with which the formal complaint is filed.

District/School’s Mandatory Response Obligations

The District and its schools recognize its mandatory obligations to respond promptly to Title IX sexual harassment in a manner that is not deliberately indifferent, as defined. The following mandatory response obligations will be fulfilled:
1.   Supportive measures shall be offered to the person alleged to be the victim (“complainant’). A respondent will not be disciplined without the District first following the Title IX grievance process, which includes investigating formal complaints of sexual harassment.
2.   The Title IX Coordinator to discuss promptly with the complainant the availability of supportive measures, consider the complainant’s wishes with respect to such measures, inform the complainant of the availability of such measures with or without filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.
3.   Follow a grievance procedure that complies with the Title IX Final Rule before the imposition of any disciplinary sanctions or other actions that are not supportive measures, against a respondent.
4.   The rights protected under the U.S. Constitution, including the First Amendment,
Fifth Amendment and Fourteenth Amendment shall not be restricted when complying with Title IX.
5.   Sexual harassment allegations in any formal complaint will be investigated. The formal complaint can be filed by a complainant or signed by the Title IX Coordinator.
6.   The complainant’s wishes regarding whether the District/school investigates shall be respected 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.

P4000.1(d)
P5145.44
Personnel Certified/Non-Certified
Students - Title IX

District/School’s Mandatory Response Obligations (continued)

7. Compliance efforts, where applicable, to be coordinated with special education staff members.

If the allegations in a formal complaint do not meet the definition of sexual harassment contained within this policy, or did not occur in the District’s educational; program or activity against a person in the United States, the District will, as required, dismiss such allegations for purposes of Title IX but may still address the allegations in any manner deemed appropriate by the District.

Notice of Allegation to the Parties

The District shall provide notice to the parties upon receipt of a formal complaint and on an ongoing basis if the District decides to include additional allegations during the course of the investigation.

The notice shall inform the parties of the allegations that potentially constitute sexual harassment as defined in this policy and include the identities of the parties involved in the incident, sufficient details about the allegations, including the identities of the parties if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.

The written notice shall also include notice of the applicable grievance process, and advise the parties that they may have an advisor of their choice and that the parties may inspect and review evidence obtained in the investigation.

The notice shall also inform the parties of any provisions in the District’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

Grievance Process

The District, as required, will utilize a consistent, transparent grievance process for resolving formal complaints of sexual discrimination and/or sexual harassment. Such process, as detailed in the administrative regulation accompanying this policy, applies to all District schools equally.

A presumption that the respondent is not responsible for the alleged conduct shall be maintained until a determination is made regarding responsibility at the conclusion of the grievance process.

P4000.1(e)
P5145.44
Personnel Certified/Non-Certified
Students - Title IX

Investigations

Allegations contained in any formal complaint will be investigated. Written notice shall be sent to both the complainant(s) and respondent(s) of the allegations upon receipt of the formal complaint.

During the grievance process and when investigating:
1.   The burden of gathering evidence and burden of proof remains with the District.
2.   The parties will be provided equal opportunity to present fact and expert witnesses and evidence.
3.   The ability of the parties to discuss the allegations or gather evidence shall not be restricted.
4.   The parties shall have the same opportunity to select an advisor of their choice, who may be, but need not be, an attorney.
5.   The District shall send written notice of any investigative interviews or meetings.
6.   The District shall send the parties, and their advisors, evidence directly related to the allegations, electronically or hard copy, with at least 10 days for the parties to inspect, review and respond to the evidence.
7.   The District shall send the parties, and their advisors, an investigative report, electronically or hard copy, that summarizes relevant information with at least 10 days for the parties to respond.
8.   After the District has sent the investigative report to the parties and before reaching a determination regarding responsibility, the decision maker(s) shall afford each party an 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.

Note: The final Title IX regulations specify that the decision-maker(s) in the investigation and adjudications of formal complaints cannot be the same person as the Title IX Coordinator or investigator(s).

The District shall dismiss allegations of sexual harassment that do not meet the definition contained in this policy or if such conduct did not occur in a District educational program or activity against a person in the United States. Such dismissal is for Title IX purposes.

P4000.1(f)
P5145.44
Personnel Certified/Non-Certified
Students - Title IX

Investigations (continued)

The District, in its discretion, may dismiss a formal complaint or allegations therein if the Title IX Coordinator is informed by the complainant in writing to withdraw the formal complaint or allegations therein, if the respondent is no longer enrolled or employed by the District, or if specific circumstances prevent the District from gathering sufficient evidence to reach a determination.

The District shall give the parties written notice of a dismissal, mandatory or discretionary, and the reasons for such dismissal.

The District, in its discretion, may consolidate formal complaints where the allegations arise out of the same facts.

The privacy of an individual’s medical, psychological, and similar treatment records will be protected. Such records will not be accessed by the District unless the party’s voluntary, written consent is obtained. [The District cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or para professional acting in their recognized capacity or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the district obtains that party’s voluntary, written consent to do so.]

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior, per the Title IX Final Rule, are considered irrelevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or offered to prove consent.

Standard of Evidence and Written Determination

The District’s Grievance Process, as required by the Title IX Final Rule, shall state whether the standard of evidence to determine responsibility is the preponderance of evidence standard or the clear and convincing evidence standard. The District shall provide the same standard of evidence to all formal complaints of sexual harassment whether the respondent is a student or an employee, including a faculty member.

Standard of Evidence and Written Determination (continued)

The decision maker, who cannot be the Title IX Coordinator or the investigator, shall issue a written determination regarding responsibility with findings of fact, conclusions about whether the alleged conduct occurred, rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent, and whether remedies will be provided to the complainant.

Such written determination shall be sent simultaneously to the parties and include information about how to file an appeal.

Appeals

The District shall offer both parties an appeal from a determination regarding responsibility and from the District’s dismissal of a formal complaint or any allegations therein, based on the following:
1.   Procedural irregularity that affected the outcome of the matter;
2.   Newly discovered evidence that could affect the outcome of the matter; and/or
3.   Title IX personnel (Title IX Coordinator, investigator(s), or decision maker(s)) that had a conflict of interest or bias, that affected the outcome of the matter.
4.   Additional reasons identified by the District and offered equally to both parties.
The District shall provide both parties a reasonable opportunity to submit a written statement in support of, or challenging the outcome. The appeal decision-maker shall issue simultaneously to the parties, a written decision describing the appeal result and the rationale for the result. (The appeal decision-maker may not be the same person as the decision-maker(s) that reached the determination of responsibility or dismissal, the investigator(s) or the Title IX Coordinator.)

Informal Resolution Process
The District may exercise the option to offer and to facilitate an informal resolution option, such as, but not limited to, mediation or restorative justice, provided both parties give voluntary, informed, written consent to attempt informal resolution.
The Board shall not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, the waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment. The District will not require the parties to participate in an informal resolution process and will not offer such process unless a formal complaint is filed.
At any time prior to agreeing to a resolution, the Board recognizes the right of any party to withdraw from the informal resolution process and to resume the grievance/investigative process with respect to the formal complaint.

P4000.1(h)
P5145.44

Personnel Certified/Non-Certified
Students - Title IX

Informal Resolution Process (continued)

The Board specifically prohibits the offering or facilitating of an informal resolution process to resolve any allegation that an employee sexually harassed a student.

Record Keeping

The District shall maintain for a period of seven years the records of each sexual harassment investigation, any disciplinary sanctions imposed on the respondent or remedies provided to the complainant; any appeal and the results of the appeal; informal resolution, if any, and the results of informal resolution; and the materials used to train coordinators, investigators, decision-makers and facilitators of informal resolution.

The District shall also create and maintain for a period of seven years records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, it shall be documented the basis or the conclusion reached and the measures taken to restore or preserve access to the District’s educational program or activity. Reasons must be cited when supportive measures are not provided to a complainant.

Retaliation

The District shall maintain confidentiality regarding the identity of complainants, respondents, and witnesses, except as may be permitted by the Family Educational Rights and Privacy Act (FERPA), as required by law, or as necessary to carry out a Title IX proceeding.

The District expressly prohibits retaliation against any individual for exercising Title IX rights

No school or person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation or proceeding.

Complaints alleging retaliation may be filed according to the grievance procedures pertaining to sex discrimination.

The Board recognizes that the following does not constitute retaliation:
1. The exercise of rights protected under the First Amendment of the U.S. Constitution.
2. The charging of an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a bad faith materially false statement.

P4000.1(i)
P5145.44
Personnel Certified/Non-Certified
Students - Title IX

Retaliation (continued)

The charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

Training

The Board shall provide and/or make available training for any person designated as a Title IX coordinator, investigator, and decision maker and any person designated to facilitate an informal resolution process. Such training shall include:
•   The definition of sexual harassment under the new Final Rule
•   The scope of the District’s education programs and activities;
•   The manner in which to conduct an investigation and grievance process, including appeals, hearings and informal resolution process, as applicable;
•   How to serve impartially, including the avoidance of prejudgment of the facts at issue, conflicts of interest, and bias;
•   The promotion of impartial investigations and adjudications of sexual harassment;
•   A presumption that the respondent is not responsible for the alleged conduct until a determination is made regarding responsibility at the conclusion of the grievance process;
•   Description of the range or list of the possible remedies the district may provide a complainant and disciplinary sanctions that can be imposed on a respondent, following determinations of responsibility;
•   The utilization of the preponderance of evidence standard or the clear and convincing evidence standard;
•   Issues of relevance of questions and evidence; and
•   The creation of the investigative report to fairly summarize relevant evidence.
The District shall, as required, retain its training materials for a period of seven years and to make such materials available on its website (or upon request if the district does not maintain a website).

Nondiscrimination Notice
The Board of Education, in compliance with federal and state law, affirms its policy of equal educational opportunity for all students and equal employment opportunity for all persons. The Board shall not discriminate on the basis of sex in the education programs or activities it operates. This policy of nondiscrimination in the education program or activity also extends to employment and admission.

P4000.1(j)
P5145.44
Personnel Certified/Non-Certified
Students - Title IX

Nondiscrimination Notice (continued)

Notice of the Board’s nondiscrimination policy and grievance procedure, including how to file or report sexual harassment and how the District will respond shall be provided to applicants for admission and employment; students; parents or legal guardians; and unions or professional organizations holding agreements with the District.

This notice of nondiscrimination shall be posted on district and school websites and placed in any handbooks provided to the above cited groups.

(cf. 0521 – Nondiscrimination)
(cf. 0521.1 – Grievance Procedure for Section 504, Title IX, and Title VII)
(cf. 4118.11/4218.11 – Nondiscrimination)
(cf. 4118.112/4218.112 – Sex Discrimination and Sexual Harassment in the Workplace)
(cf. 5131.911 – Bullying/Safe School Climate Plan)
(cf. 5145.5 – Sexual Harassment)
(cf. 5145.51 – Peer Sexual Harassment)

Legal Reference:   United States Constitution, Article XIV
Civil Rights Act of 1964, Title VII, 42 U.S.C. S2000 e2(a).
Equal Employment Opportunity Commission Policy Guidance (N 915.035) on Current Issues of Sexual Harassment, Effective 10/15/88.
Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.
Title IX Final Rule, 34 CFR §106.45, et seq., May 6, 2020
               34 CFR Section 106.8(b), OCR Guidelines for Title IX.
               Definitions, OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29 CFR Sec. 1606.8 (a0 62 Fed Reg. 12033 (March 13, 1997) and 66 Fed. Reg. 5512 (January 19, 2001)
               The Clery Act, 20 U.S.C. §1092(f)
               The Violence Against Women Act, 34 U.S.C. §12291(a)
Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)

P4000.1(k)
P5145.44
Personnel Certified/Non-Certified
Students - Title IX

Legal Reference: continued

Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Davis v. Monro County Board of Education, No. 97-843, (U.S. Supreme Court, May 24, 1999.)
Connecticut General Statutes
46a 60 Discriminatory employment practices prohibited.
Conn. Agencies Regs. §46a-54-200 through §46a-54-207
Constitution of the State of Connecticut, Article I, Section 20.
P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment

Policy adopted:
cps 6/20

R4000.1(a)
R5145.44
Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Filing of a Formal Complaint

The Board of Education (Board) encourages all victims of sexual discrimination based on the Title IX policy, whether students or employees, to promptly report such claims. Timely reporting of complaints facilitates the investigation and resolution of such complaints. Any person may report sex discrimination, including sexual harassment, whether or not the person reporting is the person alleged to be the victim of conduct that would constitute sex discrimination or sexual harassment.

Such report may be made in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Such report may be made at any time, including during non-business hours, by using the Title IX Coordinator’s listed telephone number, e-mail address or by mail to the office address. Any third party as well as the complainant may report sexual harassment. This includes parents and guardians of students.

Any employee who believes that he/she has been sexually harassed or otherwise discriminated against on the basis of sex should submit a complaint to the Title IX Coordinator. If the Title IX Coordinator is the subject of the complaint, the written complaint should be submitted to the Superintendent of Schools.

A student who believes that he/she has been subjected to sex discrimination or sexual harassment, should make a written complaint to The Title IX Coordinator, or to the building principal, or his/her designee. A student may also notify any employee of any school in the District who shall bring the allegation to the attention of the Title IX Coordinator.

The complaint should state the:
1.   Name of the complainant,
2.   Date of the complaint,
3.   Date(s) of the alleged harassment/discrimination,
4.   Name(s) of the harasser(s) or discriminator(s),
5.   Location/manner were such harassment/discrimination occurred,
6.   Names of any witness(es) to the harassment/discrimination,
7.   Detailed statement of the circumstances constituting the alleged harassment/discrimination, and
8.   Remedy requested.

R4000.1(b)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Filing of a Formal Complaint (continued)

This grievance/investigative procedure shall be followed before the imposition of any disciplinary sanctions or other actions that are not supportive measures, against a respondent.

Sexual harassment allegations in any formal complaint will be investigated. The formal complaint can be filed by a complainant or signed by the Title IX Coordinator.

The complainant’s wishes regarding whether the District/school investigates shall be respected 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.

If the allegations contained in a formal complaint do not meet the definition of sexual harassment contained within the policy, or did not occur in the District’s educational; program or activity against a person in the United States, the District will, as required, dismiss such allegations for purposes of Title IX but may still address the allegations in any manner deemed appropriate by the District.

The District shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who made a report or filed a formal complaint of sexual harassment, including any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness except as permitted by the Family Educational Rights and Privacy Act (FERPA) or required by law or to conduct any investigations or judicial proceeding under the final sexual harassment regulations.

Any student or employee making a complaint shall be provided a copy of the Title IX policy and administrative regulation (#4000.1/#5145.44)

Definitions

Sex discrimination for purposes of the Title IX policy occurs when an individual, because of his or her sex, is denied participation in or the benefits of any program or activity receiving federal financial assistance. It includes when the District, as an employer, refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to such individual’s compensation, terms, conditions or privileges of employment on the basis of the individual’s sex.

R4000.1(c)
R5145.44

Personnel Certified/Non-Certified
Students
Title IX: Grievance Procedure/Complaint Process

Definitions (continued)

Sexual harassment for purposes of this Title IX policy includes any of the three types of misconduct on the basis of sex, all of which jeopardize the equal access to education that Title IX is designed to protect:
1.   Any instance of quid pro quo harassment by a school’s employee;
2.   Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person’s equal educational access; or
3.   Any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking (as defined in the Violence Against Women’s Act).
Program or activity includes those locations, events, or circumstances over which the District exercises substantial control over both the respondent and the context in which the sexual harassment occurred.

Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the District’s Title IX Coordinator or to any employee of the school district.

Title IX Coordinator is the individual designated by the Board to coordinate its efforts to comply with Title IX responsibilities.

Complainant is the individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent is the individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Formal complaint is the document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment.

Supportive measures are individualized services reasonably available that are non-punitive, non-disciplinary and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment. Supportive measures may include counseling, course-related adjustments, modifications of work or class schedules, campus escort services, increased security and monitoring of certain areas of campus, and mutual restrictions on contacts between the parties.

R4000.1(d)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process (continued)

Grievance/Investigative Process

The following investigative procedure will be utilized upon the receipt of a written formal complaint or when knowledge of a sexual harassment allegation is made available to an employee of the District. The District personnel involved in the implementation of this process shall operate under the presumption that the respondent is not responsible (a presumption of innocence) so that the District bears the burden of proof and the standard of evidence is correctly applied.

Step 1: Notification of the Involved Parties

The Title IX Coordinator will notify the involved parties that a complaint exists, and also on an ongoing basis if the District decides to include additional allegations during the course of the investigation, and that an investigation will promptly begin.

The notice shall contain information about the grievance/investigation process, including information about any informal resolution process, and sufficient details about the allegations at hand, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known, and include the identities of the parties involved in the incident, the complainant’s and respondent’s rights, the policy that the alleged behavior violates, and the contact information for the investigator.

The notice shall contain a statement that the respondent is presumed not responsible for the alleged conduct and that responsibility will be determined at the conclusion of the grievance/investigation process.

The written notice shall also advise the parties that they may have an advisor of their choice, who may be, but does not need to be, an attorney, and that they may inspect and review evidence obtained in the investigation, throughout the investigation.

The notice can also be used to schedule an intake meeting, either in person or electronically, to discuss basic information about the allegations and to determine the next steps of the investigation.

The District’s response shall include refraining from disciplining a respondent without following the Title IX grievance/investigative process, which includes investigating the formal complaint of sexual harassment.

R4000.1(e)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Grievance/Investigative Process (continued)

Step 1: Notification of the Involved Parties (continued)

The Title IX Coordinator shall discuss promptly with the alleged victim (complainant) the availability of supportive measures and consider the complainant’s wishes with respect to such measures. The complainant shall be offered such measures with or without the filing of a formal complaint. The process for filing a formal complaint will be explained to the complainant.

A complaint may be dismissed if the complainant notifies the Title IX Coordinator at any time that he/she wishes to withdraw the complaint or allegation. The complaint shall also be dismissed if the respondent’s enrollment or employment in the District ends, or if specific circumstances prevent the District from gathering evidence sufficient to reach a determination about the complaint.

The District may choose to remove a respondent from its education program or activity on an emergency basis after the District has conducted a safety and risk analysis and determined that such emergency removal is necessary to protect a student or other individual from an immediate threat to physical health or safety.

The District may also, as applicable, place an employee-respondent on administrative leave during the pendency of the grievance/investigative process.

Step 2: Fact Gathering

If the complainant decides to proceed with the investigative process, information is to be gathered related to the allegations. This process shall include, but not be limited to, the collection of documents, audio and video recordings, social media posts, and cell phone records.

The complainant and the respondent are to be interviewed, asking them to explain their side of the occurrence(s) and their relationship with the other party. The names of potential witnesses and any other details that may be pertinent to the investigation shall be sought.

A party’s written consent shall be required before using the party’s medical, psychological, or similar treatment records during the grievance/investigative process. The District shall not access, consider, disclose, or otherwise use a party’s records that are maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in such individual’s capacity, unless the District obtains that party’s voluntary written consent.

R4000.1(f)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Grievance/Investigative Process (continued)

Step 2: Fact Gathering (continued)

All questioning shall exclude evidence about the complainant’s sexual predisposition or prior sexual behavior unless such questions and evidence are offered to prove someone other than the respondent committed the conduct alleged by the complainant or if the questions or evidence are offered to prove consent.

The District recognizes that during the time frame needed to promptly conclude the grievance/investigative process there may be temporary delays based on good causes, including but not limited to, law enforcement involvement, absence of a party, witness or advisor, or translation or accommodation needs. Notice of such delays will be provided by the investigator explaining any reasons for the delay.

Step 3: Review and Analysis of Information

The trained Title IX investigator, after collecting as much relevant information as possible, shall evaluate such evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party.

The investigator shall provide both the complainant and the respondent at least ten days to review the collected and provided information before any determination is reached regarding responsibility. Such review period is to allow for any additional information from either party or the opportunity to address a discrepancy. The decision-maker(s) shall afford each party 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.

The investigator will then review, weigh, analyze, and compare the information to see if there is sufficient information to determine whether a violation occurred.

Step 4: Determine a Violation (Determinations of Responsibility)

A separate decision-maker will determine if a violation has occurred. (The decision –maker is not the same person as the investigator or the Title IX Coordinator.) The District will apply its chosen standard of evidence to determine responsibility. The District shall provide the same standard of evidence to all formal complaints of sexual harassment whether the respondent is a student or an employee, including a faculty member.

R4000.1(g)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Grievance/Investigative Process (continued)

Step 4: Determine a Violation (Determinations of Responsibility) (continued)

The Board has chosen to use as the District’s standard of evidence the
0 preponderance of evidence standard. (previous existing standard)
0 clear and convincing evidence standard. (a higher bar)
The preponderance of evidence standard of proof means that the information gathered concludes that the allegations are ‘more likely than not” to be true, or more than 50 percent likely. This standard requires more convincing proof than ‘probable cause” and less than “beyond a reasonable doubt.

The clear and convincing evidence standard of proof means that the evidence points to the allegations being “substantially more probable to be true” than not, or well over 50 percent likely.

Step 5: Written Report and Notification of Outcome to the Parties

After a determination has been made, the final investigative report shall be prepared. The report shall contain the initial allegations, the policy violated, the parties involved, the evidence gathered, a summary of the interviews and any other relevant information, an explanation of how and why the decision-maker reached the conclusions. The written determination shall also include a statement of and rationale for result as to each allegation including a determination of responsibility, any disciplinary sanctions, and whether remedies to restore or preserve equal access to the educational program or activity will be provided.

A copy of the final report shall be sent to each party at least ten days before it is finalized in order to give the respective parties the opportunity to respond.

After the outcome is finalized, a written determination of the outcome shall be sent to both parties. This notice shall include information about the outcome, reasons supporting the determination and, depending on the conclusion, the next steps in the Title IX process.

The District shall implement remedies for a complainant if a respondent is found responsible for sexual harassment. Such remedies should be reasonably calculated to end the discrimination, and appropriate corrective action and/or disciplinary action aimed at preventing the recurrence of the harassment or discrimination, as deemed appropriate by the Superintendent or his/her designee.

Remedies offered may include the same actions described as supportive measures, but remedies need not avoid punishing or burdening the respondent.

R4000.1(h)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Grievance/Investigative Process (continued)

Step 6: Appeal Process

After notification to the complainant and respondent of the outcome, either or both parties may appeal the decision in writing, within ten days, to the Superintendent of Schools or his/her designee to request an administrative review. An appeal can be filed on the basis of procedural irregularity that affected the outcome, newly discovered evidence that was not reasonably available at the time of determination and could affect the outcome, and/or conflict of interest or bias of the Title IX personnel (Title IX Coordinator, investigator, or decision maker) that affected or could affect the outcome of the matter. The District reserves its right to offer additional bases for an appeal which shall be offered equally to both parties.

Such written appeal shall be filed within thirty calendar days to the Superintendent of Schools, who shall review the decision maker’s written report, the information collected by the Title IX Coordinator and the investigator(s). The Superintendent will determine if further action and/or investigation is warranted. The Superintendent shall respond to the party(s) requesting the appeal within fifteen school days following the receipt of the written appeal request.
Note: The decision maker for an appeal may not be the Title IX Coordinator, investigator, or initial decision maker. The appeal decision maker must have also received the training previously described.
(An alternate appeal process: — Appeal to the BOE who shall hold a hearing within 15 days of receipt of such written request to decide the appeal and respond within 10 days of its decision. Employees to use the grievance procedure set forth in the applicable collective bargaining contract. The BOE would also need to receive the training if this option is utilized)

Step 7: Informal Resolution Process

The District shall offer and facilitate an informal resolution option, such as, but not limited to, mediation or restorative justice, provided both parties, complainant and respondent, give voluntary, informed, written consent to attempt an informal resolution to the complaint.

The Board does require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, the waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment. The District does not require the parties to participate in an informal resolution process and will not offer such process unless a formal complaint is filed.

R4000.1(i)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Grievance/Investigative Process (continued)

At any time prior to agreeing to a resolution, the Board recognizes the right of any party to withdraw from the informal resolution process and to resume the grievance/investigative process with respect to the formal complaint.

The Board will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

Other Provisions

If a sex discrimination complaint raises a concern about bullying behavior, the Title IX Coordinator shall notify the Safe School Climate Specialist or designee who shall coordinate any bullying investigation with the Title IX Coordinator in order to ensure that any such bullying investigation complies with the requirements of applicable Board policies.

Retaliation against any individual who complains pursuant to the Board’s policy is strictly forbidden. The District will take the necessary actions to prevent retaliation as a result of filing a complaint or the involvement of any individual in the grievance/investigative process.

The District shall create and maintain for a period of seven years records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment as detailed in the Title IX policy.

The District, in responding to any claim of sexual discrimination under Title IX, shall never deprive any individual of his/her rights guaranteed under the U.S. constitution.

At any time, a complainant alleging sex discrimination or sexual harassment may file a formal complaint with the Office for Civil Rights, Boston Office, U.S. Department of Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921 (1-617-289-0111)

The Title IX Coordinator for the District is Seamus Cullinan, whose office is located at 338 Main Street, 4th Floor Winsted, CT 06098and whose telephone number is 860-379-0706, and whose email address is seamus.cullinan@winchesterschools.org.

R4000.1(j)
R5145.44

Personnel Certified/Non-Certified
Students - Title IX: Grievance Procedure/Complaint Process

Legal Reference:   (continued)
Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.
Title IX Final Rule, 34 CFR 106.45 et seq., May 6, 2020
               34 CFR Section 106.8(b), OCR Guidelines for Title IX.
               Definitions, OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29 CFR Sec. 1606.8 (a0 62 Fed Reg. 12033 (March 13, 1997) and 66 Fed. Reg. 5512 (January 19, 2001)
               The Clery Act, 20 U.S.C. §1092(f)
               The Violence Against Women Act, 34 U.S.C. §12291(a)
Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)
Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Davis v. Monro County Board of Education, No. 97-843, (U.S. Supreme Court, May 24, 1999.)
Connecticut General Statutes
46a 60 Discriminatory employment practices prohibited.
Conn. Agencies Regs. §46a-54-200 through §46a-54-207
Constitution of the State of Connecticut, Article I, Section 20.
P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment

Regulation approved:
cps 6/20

4000.1
5145.44
Form

WINCHESTER PUBLIC SCHOOLS

COMPLAINT FORM REGARDING SEX DISCRIMINATION AND SEXUAL HARASSMENT

Name of the complainant:

Date of the complaint:

Date of the alleged discrimination/harassment:

Name or names of the discriminator(s) or harasser(s):

Location where such discrimination/harassment occurred:

Name(s) of any witness(es) to the discrimination/harassment:

Detailed statement of the circumstances constituting the alleged discrimination or harassment:

Signature of Complainant Date

5145.511 Sexual Abuse Prevention and Education Program

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (Version #1)

Definitions

Sexual violence is a multi-layered oppression that occurs at the societal and individual level and is connected to and influenced by other forms of oppression, in particular, sexism, racism and heterosexism. On the societal level, it is the preponderance of attitudes, actions, social norms that perpetuate and sustain environments and behaviors that promote a cultural tolerance, acceptance, and denial of sexual assault and abuse. On an individual level, sexual violence is a wide range of sexual acts and behaviors that are unwanted, coerced, committed without consent, or forced either by physical means or through threats.

Sexual abuse refers to coerced or forced sexual contact or activity that may be ongoing or occurs over time, often within a trusting relationship. Most victims know their perpetrators. Perpetrators are usually older than their victims and may trick or force them into gradually doing the sexual behavior. The sexual behavior may not be violent and may even be pleasurable to the child, who doesn’t necessarily know it is wrong. Perpetrators of ongoing sexual abuse control the child/youth through secrecy, shame, or threats. Children cannot consent to sexual contact with adults or older youth, and sexual contact is considered abuse, regardless of whether it includes touching or not.

Sexual assault usually refers to forced or unwanted sexual contact or activity that occurs as a single incident, as opposed to ongoing sexual abuse that may continue over time. It may also involve verbal or visual behaviors, or any type of pressure designed to coerce or force someone to join in the unwanted sexual contact or activity. The assault may involve a similar range of behaviors that are attempted or perpetrated against a victim’s will or when a victim cannot consent because of age, disability, or the influence of alcohol or drugs. Sexual assault may involve actual or threatened physical force, use of weapons, coercion, intimidation or pressure. The offender usually takes advantage of the victim’s vulnerability. Anyone can perpetrate this type of abuse – a trusted friend or family member, a stranger, a casual acquaintance, or an intimate partner.

Alternate Definition

Sexual assault can be defined as any type of sexual contact or behavior that occurs by force or without consent of the recipient of the unwanted sexual activity. This includes sexual activity such as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. It includes sexual acts against people who are unable to consent either due to age or lack of capacity.

P5145.511(b)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (Version #1) (continued)

Program

The Winchester Public Schools shall implement the Sexual Abuse and Assault Awareness and Prevention Program identified or developed, in compliance with C.G.S 17a-101q, by the Department of Children and Families, in collaboration with the Department of Education and other assisting entities, with the goal of informing students and staff about child sexual abuse and assault awareness and available resources. The District’s implementation of the Sexual Abuse and Assault Awareness and Prevention Program, per statute, shall be not later than October 1, 2016. The program, for students in Grades K-12, inclusive, shall include, but not be limited to:

Alternate Language:

Providing mandatory training to all District staff to ensure they are fully informed on:

The warning signs of sexual abuse and sexual misconduct involving a child, including recognizing and reporting child sexual abuse,

Mandatory reporting requirements,

School District policies pertaining to sexual abuse and sexual misconduct,

Establishing and maintaining professional relationships with students,

Available resources for children affected by sexual abuse or misconduct, and

Appropriate follow-up and care for abused students as they return to the classroom setting.

Providing students age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding child sexual abuse and assault awareness and prevention that may include, but not be limited to:

The skills to recognize:

Child sexual abuse and assault,

Boundary violations and unwanted forms of touching and contact, and

Ways offenders groom or desensitize victims.

P5145.511(c)

Students

Exploitation; Sexual Harassment

Strategies to promote disclosure, reduce self-blame and mobilize bystanders.

Actions that child victims of sexual abuse and assault may take to obtain assistance.

Intervention and counseling options for child victims of sexual abuse and assault.

Access to educational resources to enable child victims of sexual abuse and assault to succeed in school.

Uniform procedures for reporting instances of child sexual abuse and assault to school staff members.

The lessons should be evidence-informed, developmentally and age appropriate and informed by the required curricula standards and performance indicators contained in the SDE Guidelines (Section Three).

[Note: Above items a, b, c, d, e, and f are required per P.A. 14-196.]

Implementing a child sexual abuse curriculum to provide age-appropriate information to teach students the difference between appropriate and inappropriate conduct in situations where child sexual abuse or sexual assault could occur, and to identify actions a child may take to prevent and report sexual abuse or sexual assault. Students will be:

Provided with resources and referrals to handle these potentially dangerous situations.

Provided access to available counseling and educational support.

The Board of Education directs the Superintendent develop administrative regulations to address the issues of students obtaining assistance, intervention and counseling options, access to educational resources and procedures for reporting instances of child sexual abuse and assault.

A student shall be excused from participating in the sexual abuse, assault awareness and prevention program offered within the school, in its entirety or any part thereof, upon receipt by the Principal or his/her designee, of a written request from the student’s parent/guardian.

Any student exempted from the sexual abuse and assault awareness and prevention program shall be provided, during the period of time in which the student would otherwise be participating in such program, an opportunity for other study or academic work.

P5145.511(d)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (Version #1) (continued)

Reporting Child Sexual Abuse and Assault

Students shall be encouraged to disclose abuse to a trusted adult member of the staff, including, but not limited to, teachers, administrators, nurses, coaches, and counselors. Child abuse reporting procedures will be followed for all acts of violence and sexual abuse against children as delineated in policy #5141.4, “Reporting of Suspected Child Abuse,” and its accompanying regulations.

Connecticut General Statutes §17a-101, as amended, requires all school employees including the Superintendent of Schools, school teachers, substitute teachers, administrators, school guidance counselors, school paraprofessionals, licensed nurses, physicians, psychologists, social workers, coaches of intramural or interscholastic athletics, or any other person, who in the performance of his/her duties, has regular contact with students and who provides services to District students, who have reasonable cause to suspect or believe that a child has been abused, neglected, or placed in imminent risk of serious harm to report such abuse and/or neglect in compliance with applicable state statutes.

An oral report by telephone or in person shall be made as soon as possible but no later than 12 hours to the Commissioner of Children and Families and to the Superintendent of Schools or his/her designee followed within 48 hours by a written report to the Department of Children and Families.

Reporting suspected abuse and/or neglect of children, in addition to the requirements pertaining to staff training, record keeping and dissemination of this policy, shall be in accordance with the procedures established and set forth in the Administrative Regulation #5141.4.

(cf. 5131.911 – Bullying)

(cf. 5141.4 – Reporting of Suspected Child Abuse)

(cf. 5145.5 – Sexual Harassment)

Legal Reference: Connecticut General Statutes

17a-101q Statewide sexual abuse and assault awareness and prevention program (as amended by Section 415 of the June 2015 Special Session Public Act 15-5)

A Statewide K-12 Sexual Assault and Abuse Prevention and Awareness Program developed by DCF, SDE, and Connecticut Alliance (The Alliance) to End Sexual Violence.

Sample policies are distributed for demonstration purposes only. Unless so noted, contents do not necessarily reflect official policies of the Connecticut Association of Boards of Education, Inc.

R5145.511(a)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Prevention Strategy

Schools will design and build their capacity to implement comprehensive prevention strategies that engage students, parents/guardians/caregivers and school personnel. By engaging each of these populations, schools can reduce and prevent abusive sexual behaviors and sexual assault from occurring and create a climate that promotes positive peer relationships.

Students

Strengthen students’ knowledge, attitudes and skills for healthy relationships by implementation of the DCF/SDE sexual abuse and assault awareness and prevention program.

Strengthen students’ skills for modeling pro-social behavior and intervening as proactive bystander for the prevention and intervention of abusive behavior and/or sexual assault on campus.

Increase awareness among students of students’ rights under District policy including how to report and seek help for students who may have experienced sexual abuse or sexual assault.

Parents/Caregivers and School Personnel

Strengthen parents/guardians/caregivers’ knowledge, attitudes and skills for promoting healthy relationships including positive bystander behavior through workshops, school newsletter, and other events.

Strengthen school personnel’s (administrators, teachers, coaches, and others) knowledge, attitudes and skills for promoting healthy relationships including modeling pro-social behavior or positive bystander behavior through professional development, utilizing the DCF/SDE developed instructional modules.

Increase awareness among parents of students’ rights under District policy including how to report and seek help for students who may have experienced sexual abuse or assault.

Increase awareness among school personnel of District policy including their responsibility to report incidents and concerns regarding sexual abuse and sexual assault.

Increase awareness among parents/caregivers and school personnel of school and community-based resources for students and families.

R5145.511(b)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

School Climate

Strengthen positive school climate by engaging students in age-appropriate activities to promote healthy relationships and positive bystander behavior.

Reduce risk for sexual abuse and sexual assault by educating school personnel on how to support healthy relationships, implement prevention curricula, and respond effectively to incidents and disclosures.

Reporting Procedure

Students should be encouraged to disclose if they have been sexually abused to any member of the staff whom they trust. The Principal of each school shall establish and prominently publicize to students, staff, volunteers, and parents/guardians, how a report of sexual abuse and assault may be filed either in-person or anonymously and how this report will be acted upon. The victim of sexual abuse and assault or anyone who witnessed an act of sexual abuse or assault, and anyone who has reasonable suspicion that an act of sexual abuse or assault has taken place may file a report.

In addition, members of the staff, as a result of training, should be aware of the signs of child sexual abuse in students which can include, but are not limited to, expressions of shame, guilt/self-blame, difficulty trusting others, low self-esteem, cognitive deficits, depression, mental health problems, poor school performance, unhealthy relationships, self-harm, substance abuse and thoughts or expressions of suicide.

A report must be made when any mandated reporter of the Board of Education, in his/her professional capacity, has reasonable cause to suspect or to believe that a child under the age of eighteen (Mandated reporters include all school employees, the Superintendent, administrators, teachers, substitute teachers, guidance counselors, school paraprofessionals, coaches of intramural and interscholastic athletics, as well as licensed nurses, physicians, psychologists and social workers either employed by the Board or working in one of the District schools, or any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in District schools) is in danger of being or has been sexually abused or assaulted.

Any written or oral reporting of an act of sexual abuse or assault shall be considered an official means of reporting such act(s).

R5145.511(c)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Reporting Procedure (continued)

The following procedures apply only to statutory mandated reporters, as defined above.

When an employee of the Board of Education suspects or believes that a child has been sexually abused or sexually assaulted, the following steps shall be taken:

The employee shall immediately, upon having reasonable cause to suspect or believe that a child has been abused, and in no case later than twelve (12) hours after having such a suspicion or belief, make an oral report by telephone or in person to the Commissioner of Children and Families or the local law enforcement agency. The Department of Children and Families has established a 24-hour Child Abuse and Neglect Hotline at 1-800-842-2288 for the purpose of making such oral reports.

The employee shall also immediately make an oral report to the Building Principal or his/her designee and/or the Superintendent or his/her designee.

If a report concerns suspected abuse by a school employee, the Superintendent or his/her designee, shall immediately notify the child’s parent or guardian that such a report has been made.

Not later than 48 hours of making an oral report, the employee shall submit a written report to the Commissioner of Children and Families, or his/her representative, containing all of the

The employee shall immediately, submit a copy of the written report to the Principal and/or

If a report concerns suspected sexual abuse by a school employee who possesses a certificate, permit or authorization issued by the State Board of Education, the Superintendent shall submit a copy of the written report to the Commissioner of Education, or his/her representative.

Contents of Reports

Any report made pursuant to this policy shall contain the following information, if known:

The names and addresses of the child and his/her parents or other persons responsible for his/her care;

The age of the child;

The gender of the child;

The nature and the extent of the child’s sexual abuse or assault;

R5145.511(d)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Contents of Report (continued)

The approximate date and time the sexual abuse or assault occurred;

Information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his/her siblings;

The circumstances in which sexual abuse or assault came to be known to the reporter;

The name of the person or persons suspected to be responsible for causing the sexual abuse or assault;

The reasons such person or persons are suspected of causing such sexual abuse;

Any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; and

Whatever action, if any, was taken to treat, provide shelter or otherwise assist, the child.

Investigation of the Report

If the suspected abuser is a school employee, the Superintendent or his/her designee shall thoroughly investigate the report, provided that such investigation does not interfere with or impede the investigation by the Department of Children and Families or by a law enforcement agency. To the extent feasible, this investigation shall be coordinated with the Commissioner of Children and Families and/or the police in order to minimize the number of interviews of any child and to share information with other persons authorized to conduct an investigation of child abuse and neglect. When investigating a report, the Superintendent or his/her designee shall endeavor to obtain, when possible, the consent of parents or guardians or other persons responsible for the care of the child, to interview the child, except in those cases in which there is reason to believe that the parents or guardians or other persons responsible for the care of such child are the perpetrators or the alleged abusers.

A person reporting child sexual abuse shall provide any person authorized to conduct an investigation into such claim with all information related to the investigation that is in the possession or control of the person reporting child sexual abuse except as expressly prohibited by state or federal law.

R5145.511(e)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Evidence of Abuse by Certain School Employees

After an investigation has been completed, if the Commissioner of Children and Families, based upon the results of such investigation, has reasonable cause to believe that a child has been sexually abused or assaulted by an employee who has been entrusted with the care of a child or has recommended that such employee be placed on the Department of Children and Families Abuse and Neglect Registry, the Commissioner shall notify within five (5) working days after the completion of the investigation into child abuse or neglect by a school employee, the Superintendent and the Commissioner of Education of such finding and shall provide records, whether or not created by the Department of Children and Families, concerning such investigation to the Superintendent and the Commissioner of Education. The Superintendent shall suspend the employee, if not previously suspended, with pay and without diminution or termination of benefits if DCF has reasonable cause that the employee sexually abused a child and recommends the employee be placed on the DCF Child Abuse and Neglect Registry. Not later than 72 hours after such suspension, the Superintendent shall notify the Board of Education and the Commissioner of Education, or his/her representative, of the reasons for the conditions of suspension. The Superintendent shall disclose records received from the Department of Children and Families to the Commissioner of Education and the Board of Education, or its attorney, for the purposes of review of employment status, certification, permit or authorization. Any decision of the Superintendent concerning such suspension shall remain in effect until the Board of Education Acts, pursuant to the provisions of Connecticut General Statutes. The Commissioner of Education shall also be notified if such certified person resigns from his/her employment in the District. Regardless of the outcome of any investigation by DCF and/or the police, the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment in accordance with the provisions of any applicable statute, if the Superintendent’s investigation produces evidence that a child has been sexually abused by a certified, permit or authorized school staff member.

If the contract of employment of a certified school employee holding a certificate, permit or authorization issued by the State Board of Education is terminated as a result of an investigation into reports of child sexual abuse, the Superintendent shall notify the Commissioner of Education, or his/her representative, within 72 hours of such termination.

Evidence of Abuse by Other School Staff

If the investigation by the Superintendent and/or Commissioner of Children and Families did produce evidence that a child has been sexually abused by a non-certified school staff member the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment.

R5145.511(f)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Evidence of Abuse by Other School Staff (continued)

The District shall maintain records of allegations, investigations and reports that a child has been sexually abused or assaulted by a school employee. Such records will be maintained in the District’s Central Office. The records shall include any reports made to the Department of Children and Families. The State Department of Education is to have access to all such records.

The Board shall provide to the Commissioner of Children and Families, upon request for the purposes of an investigation by the Commissioner of Children and Families of suspected child sexual abuse by a teacher employed by the Board, any records maintained or kept in District files. Such records shall include, but not be limited to, supervisory records, reports of competence, personal character and efficiency maintained in such teacher’s personnel file with reference to evaluation of performance as a professional employee of such Board of Education, and records of the personal misconduct of such teacher. (“Teacher” includes each certified professional employee below the rank of Superintendent employed by a Board of Education in a position requiring a certificate issued by the State Board of Education.)

The Board of Education shall permit and give priority to any investigation conducted by the Commissioner of Children and Families or the appropriate local law enforcement agency that a child has been sexually abused or assaulted. The Board shall conduct its own investigation and take any disciplinary action, in accordance with the provisions of section 17a-101i of the general statutes, as amended, upon notice from the Commissioner or the appropriate local law enforcement agency that the Board’s investigation will not interfere with the investigation of the Commissioner or such local law enforcement agency.

The Department of Children and Families will review, at least annually, with the State Department of Education all records and information relating to reports and investigations that a child has been sexually abused by a school employee, in the Department of Children and Families’ possession to ensure that records and information are being shared properly.

The Superintendent may appoint a designee for the purposes of receiving and making reports, notifying and receiving notification, or investigating reports pursuant to this policy.

Disciplinary Action for Failure to Follow Policy

Any employee who fails to comply with the requirements of this policy and these regulations shall be subject to discipline, up to and including termination of employment.

R5145.511(g)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Response to Sexual Abuse and Sexual Assault

Schools will develop and implement an effective and consistent response to sexual abuse or sexual assault that takes place on school grounds, while traveling to and from school or a school-sponsored activity, whether on or off campus, as well as abusive behavior expressed through technology using District or school-provided computers, email addresses, or servers.

Students and parents/guardians are to be informed of the District’s policy regarding sexual abuse and sexual assault.

Students are to be encouraged to contact the Principal or his/her designee or other school personnel if they or another student has been sexually abused or sexually assaulted. Students will also be encouraged to report to school authorities if they are aware that another student or adult individual has committed sexual abuse or sexual assault.

Support Services

The Principal or designee will first take steps to increase safety and well-being of the student experiencing sexual abuse and/or sexual assault. This might include offering individual or support group counseling for the student experiencing abuse and/or sexual assault at school or by referring the student to a local victim service organization.

Protection Against Retaliation

No retaliation will be taken by the District or by any of its employees or students against any complainant or any participant in the complaint process, including witnesses, and will take steps to ensure there is no retaliation against any involved party, and will respond appropriately to any incident of retaliation. Any person found to have retaliated against another individual for reporting an incident of sexual abuse, harassment or assault will be subjected to the same disciplinary action created in accordance with this policy. Those persons who assist or participate in an investigation of abusive behavior are also protected from retaliation under this policy.

Confidentiality

Any investigation that takes place pursuant to this policy and administrative regulation will, to the maximum extent possible, be conducted in a manner that protects the privacy of the student experiencing sexual abuse and/or sexual assault, complainant, and accused. However, if it is suspected that child abuse has occurred or any law has been violated, such abuse will be reported to the proper authorities. When possible students will be notified and reminded of limits of confidentiality and be made aware of possible reports to outside officials. Notification of the outcome of the investigation will be made in accordance with relevant state and federal law.

5145.511(h)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Preclusion

This policy should not be interpreted as preventing a student experiencing sexual abuse and/or sexual assault from seeking redress under any other available law, either civil or criminal.

The District will keep and maintain a confidential written record, including but not limited to, witness statements, investigative reports, and correspondence, from the date any allegation of abusive sexual behavior or sexual assault is reported to District personnel. The information in the written record will include the action taken by the District in response to each allegation.

Roles and Responsibilities

The District will:

Ensure that the Superintendent or his/her designee is the individual responsible for implementation of the policy and these procedures and for the provision of technical assistance and training for school personnel on the development and implementation of the steps for a comprehensive prevention strategy and effective and consistent intervention and response to incidents of sexual abuse and sexual assault.

Assure students of their rights to be free from sexual abuse and sexual assault including cyber-harassment;

Ensure that students know that sexual abuse and sexual assault violate District policy; that abusive behavior should be reported; and that violators will be subject to disciplinary and/or legal action;

Expect all personnel to intervene directly or to contact police when necessary, whenever they witness or become aware of an incident of sexual abuse or sexual assault. There is a duty to report to the Principal or his/her designee when any staff member knows or reasonably should have known of an incident of sexual abuse or sexual assault. Any staff member who permits or fails to report an incident of sexual abuse or sexual assault may be subject to disciplinary action.

R5145.511(i)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Roles and Responsibilities (continued)

The School will:

Staffing and Notification

The Principal or his/her designee is responsible for implementation of the policy, administrative regulations, the provision of technical assistance and training for school personnel on sexual abuse and sexual assault and effective and consistent intervention and response to incidents of such behavior;

Review policy and procedures on sexual abuse and sexual assault annually with all staff and provide recommendations and/or revisions to the policy and regulations;

Ensure that all staff, students, and parents/caregivers receive the name and contact information at the school and District level, a summary of prohibited behaviors and a summary of this policy at the beginning of the school year, as part of the student handbook and/or information packet, as part of the new student orientation, and as part of the school system’s notification to parents;

Create easy public access to the full text of this policy via the school website(s), staff and student handbooks with complaint forms, District policy manuals, contact information etc.; and

Review policy and procedures on sexual abuse and sexual assault annually with all staff and provide recommendations and/or revisions to the policy.

Prevention

Engage students, as developmentally appropriate, and school personnel and, if possible, community-based organizations to collaborate on the development and implementation of comprehensive prevention strategies;

Strengthen students’ knowledge, attitudes and skills for healthy relationships, social and emotional learning, and pro-social behavior, such as positive bystander behavior through evidence-based or evidence-informed curricula, lesson plans, or other classroom or school-wide activities;

Strengthen parents/caregivers’ knowledge, attitudes and skills for promoting healthy relationships, social and emotional learning, such as positive bystander behavior through workshops, school newsletter, and other events;

Strengthen school personnel knowledge, attitudes and skills for promoting healthy relationships and social and emotional learning, such as positive bystander behavior through professional development;

R5145.511(j)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Roles and Responsibilities (continued)

Strengthen positive school climate through positive social norm youth-developed campaigns or activities to promote healthy relationships, social and emotional learning, and/or positive bystander behavior; and

Assure students of their rights to be free from sexual abuse and sexual assault including cyber-harassment and that students know that sexual abuse and sexual assault violate District policy and law; that abusive behavior should be reported; and that violators will be subject to disciplinary action and/or legal action.

Intervention and Response

All school personnel are expected to utilize the reporting procedure previously described in this regulation or to contact police directly, when necessary, whenever they witness or become aware of an incident of sexual abuse or sexual assault. There is a duty to report to the Principal or Principal’s designee when any staff member knows or reasonably should have known of an incident of sexual abuse or sexual assault.

Staff members must intervene or make a report when they witness, become aware of, or reasonably should have known of an incident of sexual abuse or sexual assault on the campus; while traveling to and from school or a school-sponsored activity; whether on or off campus; or perpetrated using school-owned property such as email addresses and servers.

Each incident reported will be promptly investigated in a manner prescribed by statute that protects the student experiencing abuse and/or sexual assault.

The school will make all efforts to keep a report of sexual abuse or sexual assault and the results of any investigation confidential to the extent permitted by law, except that the abused child and the accused will be notified of the outcome of an investigation consistent with federal and state laws.

Increase students’ safety and well-being by assisting student experiencing sexual abuse and/or sexual assaults in accessing legal protection.

Support a student experiencing abuse and/or sexual assaults by offering individual counseling, support groups, and/or referrals to local victim service providers who serve minors. Establish a relationship with a local domestic or sexual violence program and/or health care providers experienced with sexual abuse and/or sexual assault for access to resources and training;

R5145.511(k)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Providing Instruction

The instructional staff of District schools, subject to the rules of the State Board of Education and the Board of Education, shall teach all statutorily required comprehensive health components including a health education curriculum for students in grades K through 12 in the area of sexual abuse or assault. This instruction shall include teen dating violence, a sexual abuse and assault component that includes, but is not limited to, the definition of dating violence, sexual abuse, sexual assault, the warning signs of abusive behavior, the characteristics of healthy relationships, measures to prevent and stop dating violence, sexual abuse, sexual assault, and community resources available to victims of dating violence, sexual abuse and assault.

5145.511

Form

Winchester Public Schools

Winsted, Connecticut

Sexual Abuse Prevention and Education Program

Student Program Opt-Out Form

Connecticut Law, Public Act 14-196, mandates that schools provide age-appropriate sexual abuse and assault awareness and prevention education in Kindergarten through Grade 12. The District will be utilizing instructional modules and developmentally appropriate educational material in each school and in all grades.

The age-appropriate materials for students may include skills in recognizing child sexual abuse and assault, boundary violations and unwanted forms of touching and contact, and ways offenders groom or desensitize victims and strategies to promote disclosure, reduce self-blame and mobilize bystanders.

In addition, the instructions will include actions child victims may take to get help, intervention and counseling options for child victims, access to educational resources to help child victims succeed in school and uniform procedures for reporting instances for child sexual abuse and assault to school staff.

The law allows students to opt-out of the awareness program or any part of it if the student’s parent or guardian so notifies the District in writing.

Please sign this form ONLY if you DO NOT want your child to participate in this program.

Child’s Name:

Child’s Grade: Child’s Teacher:

I DO NOT want my child, named above, to participate in the sexual abuse awareness and prevention program that will be conducted by the ________________________ School District.

Parent/Guardian Name (Please Print):

Parent/Guardian Signature:

Date:

This form must be received at school by

If a parent/guardian does not submit this opt-out form, the student will participate in the program.

Students who do not participate in this program will be provided opportunities for study and/or school work when the student would otherwise be participating in the program.