5000 Students
Animals Bites
Policy # 5141.7
Adopted: 3/11/08
Supersedes / Amends:
Intent: Provide guidance to the School Nurse
The school nurse’s advice or assessment may be requested by school staff or by a student. The procedure addresses the concerns regarding the safety of children who may have been frightened or harmed by animals. It provides guidance to staff and parents in managing an incident or injury resulting from an animal contact.
Procedure:
School personnel who become aware of a student who has been bitten or threatened by an animal shall proceed as follows:
Arrange prompt evaluation by the school nurse.
The nurse shall observe and assess the site of any wound for breakage of the skin, bruising, or evidence of infection (swelling, redness, heat, drainage).
The school nurse shall cleanse and dress wounds appropriately.
The parents of the victim will be notified by telephone. The details of the incident will be communicated to them and they will be encouraged to seek appropriate medical evaluation for the injured student.
The school nurse will contact the community animal control officer to arrange a complete investigation of the incident and evaluation of the health status of the animal.
School personnel will report to building administrators any incidence of stray animals on school premises or any animal reportedly threatening children at bus stops or on the way to school or bus pick up areas. Building administrators will report the incident to the community animal control officer unless the administrator believes the animal has left the area or no longer poses a risk. When there is an imminent risk to persons (as might be the case with a bear or other large animal), the police will also be notified.
Assignment of Former Home Schooled Students and Students from Non-Accredited Schools to Classes
Policy # 5122.3
Adopted: 9/11/07
Supersedes / Amends:
Placement of resident home-schooled students and students from non-accredited schools or programs who seek to be admitted or re-admitted to the District’s schools will be determined by the Principal who shall consult with members of the professional staff to the extent appropriate. The Principal may direct that a test or tests be administered to help determine grade level. In addition, the Principal is authorized to collect from parents/guardians actual samples of coursework as he/she deems necessary in order to make the determination that the requisite academic standards have been met. The decision of the Principal may be appealed by the parent or guardian to the Superintendent of Schools or his/her designee. The decision of the Superintendent is final.
A home-schooled student or a student transferring from a non-accredited school or program seeking admission to a District school must meet all residency, age, health examination, immunization, and other eligibility prerequisites as mandated by State law and regulations.
(cf. 5111- Admissions)
(cf. 5122- Assigning Students to a teacher and Classes in Grades K-12)
(cf. 5123- Promotion Retention)
Legal Reference: Connecticut General Statutes
10-221(b) Boards of Education to prescribe rules
Awards for Achievement
Policy #5126
Adopted: 1/11/96
Supersedes / Amends:
The board of education encourages the professional staff to maintain a set of criteria and procedures for presenting letters or other suitable awards to students for scholarship and distinguished service in any school activity. In all cases, the relationship between the award and the relevant goal or goals should be indicated.
The professional staff is authorized to review and approve, or reject, proposed trophies, prizes, scholarships, or other awards from non-school donors. Acceptance will require affirmative answers to at least the following questions:
- Can the proposed award be considered free from motives of personal or corporate gain and publicity?
- Are the criteria for making the award under the control of the professional staff or acceptable to the staff?
- Are the purposes, either implied or explicit, of the proposed award consistent with the school’s goals?
An example of the awards for achievement are Batcheller prizes. These cash prizes are awarded each year for scholastic excellence in certain subjects to the three highest ranking boys and girls in grades 4-8. The money for these prizes comes from the Town and from the interest from the Batcheller fund.
Cheating
Policy # 5121.3
Adopted: 11/12/12
Supersedes / Amends:
Students / Cheating
Cheating by students is defined as attempting to take credit or taking credit for someone else’s work, using unauthorized materials, or otherwise acting to deceive the evaluator in an assignment, project, or test. Teachers at all grade levels shall make students aware of what cheating is, how it undermines the learning process and breaches principles of ethics that the district places in high regard, and the punishments for it. They shall also structure tests and assignments so as to minimize the opportunity for student cheating.
(cf. 5121 - Examination/Grading/Rating)
(cf. 5144 - Discipline/Punishment)
Communicable Disease
Policy # 5114.2
Adopted: 1/11/1996
Supersedes / Amends:
The Winchester Public School System will monitor the information made available through the State of Connecticut Department of Education and Department of Health Services as well as through the Centers for Disease Control in Atlanta relative to children diagnosed as having any communicable disease. Based on the most recent medical and educational information, the school system will review each case on an individual basis to recommend the most appropriate educational program.
Board of Education Policy Regarding:
Students / Concepts and Roles in Student Policies
Policy # 5000
Revisions: Approved 3/20/2018
Supersedes / Amends: New Policy Adopted 01/11/1996
The focus of the school system is on the learner, the student. The student’s educational development toward the school’s goals is the central concern of the board of education’s policies and the administrator’s procedures.
Each child of each parent shall be given equal opportunity. However, children vary widely in capacities, interest, social and economic background therefore, no two can be treated exactly alike if the fullest development of each is to be achieved.
The board of education will attempt to erase any limitations of facilities and means that stand in the way of our school’s availability to all who wish to learn.
Discrimination of students attending our schools with respect to race, color, religious creed, age, marital status, national origin, sex, sexual orientation, physical disability, gender identity or expression, is prohibited.
LEGAL REFERENCE: Connecticut General Statutes
10-15 Towns to maintain schools.
10-15c Discrimination in public schools prohibited. School attendance by five-year olds (as amended by PA 11-55)
10-184 Duties of parents, (re mandatory schooling of children five years of age and over and under eighteen)
10-186 Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment of hearing board.
10-226a Pupils of racial minorities.
Title IX of the Education Amendments of 1972
Section 504, U.S. Rehabilitation Act. 1973
Board of Education Policy Regarding:
Students – Exploitation: Sexual Harassment
Sexual Abuse Prevention and Education Program
Policy # 5145.511
Amended: 6/13/2023
Supersedes / Amends: Adopted 12/12/2017
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.
Program
The Winchester Public Schools shall implement the Sexual Abuse and Assault Awareness and Prevention Program identified or developed, in compliance with CGS 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 PK-12, inclusive, shall include, but not be limited to:
1. Providing teachers instructional modules that may include, but not be limited to:
a. Training regarding the prevention and identification of, and response to, child sexual abuse and assault, and
b. Resources to further student, teacher and parental awareness regarding child sexual abuse and the prevention of such abuse and assault.
c. Provided access to available counseling and educational support.
The Board of Education directs the Superintendent to 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.
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”.
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 policy 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
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.
PA 22-87 An Act Concerning the Identification and Prevention of and Response to Adult Sexual Misconduct Against Children
Policy adopted:
Magnet School Participation
Policy # 5117.2
Adopted: 5/8/2007
Supersedes / Amends: New Policy
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.
Nonresident Students
Policy # 5118
Adopted: 12/11/2001
Supersedes / Amends: New Policy
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.
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)
Prohibition Concerning Psychotropic Drugs
Policy # 5141
Adopted: 12/11/01
Supersedes / Amends: New Policy
The Board of Education believes that the use of psychotropic drugs by students is a personal decision to be made by a student’s parents or legal guardian. Furthermore, state law prohibits school personnel from recommending the use of psychotropic drugs for any child. Consequently, school personnel shall not recommend the use of psychotropic drugs for any student.
This policy is not intended to prohibit school medical staff from recommending that a child be evaluated by an appropriate medical practitioner, nor does it prohibit school personnel from consulting with an appropriate medical practitioner with the consent of a student’s parents or guardian.
The Superintendent or his/her designee shall be responsible for the implementation of this policy and for ensuring its dissemination to school personnel.
Legal Reference: Public Act No. SS 01-124
Board of Education Policy Regarding:
Students – Promotion, Acceleration, Retention K-12
Policy: 5123 (a)
Amended: 6-12-2018
Supersedes: Amended 2/12/2013, Adopted 4/6/10
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)
Student Conduct / Video Surveillance
Policy # 5131.111
Adopted: 6/11/13
Supersedes / Amends:
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
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.
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)
Students with Special Health Care Needs
Policy # 5141.24
Adopted: 4/11/00
Supersedes / Amends:
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.
Animals Bites
Policy # 5141.7
Adopted: 3/11/08
Supersedes / Amends:
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
Board of Education Policy Regarding
Students - Use of Physical Force
Physical Restraint/Seclusion/Exclusionary Time Out
Policy: 5144.1(a)
Revised: 3/12/2019
Supersedes/Amends: 4/11/00, 2/9/10
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:
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 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.
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 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
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