Section J – Students

JC - School Attendance Areas

JC - School Attendance Areas

The Board shall determine the attendance areas served by schools within M.S.A.D. #35.

In general, attendance area boundaries will follow existing town lines.

In general, students will be assigned to the District elementary school serving the attendance area in which their parent(s)/guardian(s) reside. For students in pre-kindergarten through third grade whose parent(s)/guardian(s) reside in Eliot, this will be the Eliot Elementary School; for those students whose parent(s)/guardian(s) reside in South Berwick, this will be the Central School.

The Superintendent may recommend to the Board for its consideration proposed changes in attendance area boundaries based on projected enrollment and the most efficient use of District resources.

The Superintendent shall have the authority to assign a student to a school outside of his/her designated attendance area if the student requires a specific program available only at that school.

The Superintendent may, at his/her discretion, approve a parent/guardian’s request that his/her child be allowed to attend another elementary school in the District provided that 1) it is in the best interest of the child to do so; 2) there is space available; 3) the transfer will not require additional staff, programming or facilities; and 4) it will not disrupt established instructional programming.

School bus transportation will not be provided for students attending a school outside his/her designated attendance area at their parents’/guardians’ request area unless they can be accommodated on existing bus routes and schedules, except that transportation for students with disabilities will be provided in accordance with their IEP.

 


Policy Adopted: May 7, 1980

Policy Reviewed: January 21, 1998

Policy Revised: September 18, 1996, May 1, 2000, November 8, 2006 and November 20, 2013

JEA - Compulsory Attendance

JEA - Compulsory Attendance

Under state law, full-time school attendance is required of all children from their 6th to their 17th birthday except:

A.    A person who graduates from high school before their 17th birthday;  unless the child has received a high school diploma or its equivalent.

B.    A person who has:

1.     Reached the age of 15 years or completed the 9th grade;

2.     Permission to leave school from that person’s parent;

3.     Been approved by the principal for a suitable program of work and study or training; 

4.     Permission to leave school from the Board or its designee; and

5.     Agreed in writing with that person’s parent and the Board or its designee to meet annually until that person’s 17th birthday to review that person’s educational needs. When the request to be excused from school has been denied pursuant to this paragraph, the student’s parent may appeal to the Commissioner; or

C.    A person who has matriculated and is attending an accredited, post-secondary, degree-granting institution as a full-time student. An exception to the attendance in public school under this paragraph must be approved by the Commissioner.

D.  A person who is enrolled in an online learning program or course.

Attendance of Children Five Years of Age or Older and Under Six Years of Age 

A child five years of age or older and under six years of age who is enrolled in and  who has not withdrawn from a public day school is required to attend that school during the time it is in session.

Alternatives to Attendance at Public Day School

A.    Equivalent instruction alternatives are as follows:

1.   A person shall be excused from attending a public day school if the person obtains equivalent instruction in:

a.    A private school approved for attendance purposes pursuant to 20-A MRSA § 2901;

b.    A private school recognized by the department as providing equivalent instruction; 

c.    A home instruction program that complies with the requirements of 20-A MRSA § 5001-A(3)(A)(4); or

d.    Any other manner arranged for by the Board and approved by the Commissioner. 

B.    A person may be excused from attendance at a public day school pursuant to 20-A MRSA § 5104-A (other public or private alternative programs) or  § 8605 (student attendance in adult education courses). 

Credit for Attendance at a Private School 

A student shall be credited with attendance at a private school only if a certificate showing the name, residence and attendance of the person at the school, signed by the person or persons in charge of the school, has been filed with the school officials of the administrative unit in which the student resides.

Discontinuation of Home Instruction 

If the home instruction program is discontinued, students of compulsory school age must be enrolled in a public school or an equivalent instruction alternative as provided for by law. The receiving school shall determine the placement of the student.  At the secondary level, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards of Maine’s system of Learning Results. 

Excusable Absence

A person’s absence is excused when the absence is for the following reasons:

A. Personal health, including physical, mental and behavioral health;

B. An appointment with a health professional that must be made during the regular school day;

C. Observance of a recognized religious holiday when the observance is required during the regular school day; 

D. A family emergency;

E. A planned absence for a personal or educational purpose that has been approved;

F. Education disruption resulting from homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a medical emergency, foster care placement, youth development placement or some other out-of-district placement that is not otherwise authorized by either any individual education plan or a superintendents’ student transfer agreement. “Education disruption” does not apply to a student who is out of school for 10 or more consecutive school days as a result of a planned absence for a reason such as a family event or a medical absence for planned hospitalization or recovery.

Parental Responsibility

Parents are responsible for the school attendance of students who are under 17 years of age. The school unit shall work with families in an effort to ensure compliance.

Adult Students

Secondary school students 20 years of age or more will only be admitted to the school unit with prior Board approval.

Cross Reference:   IHBG - Home School
                               JFC - Student Withdrawal from School/Dropout Prevention Committee. 
                               JHB - Truancy

Policy Adopted: May 5, 2004

Policy Revised: April 16, 2008, October 16, 2019, January 18, 2023

Policy Reviewed: April 13, 2016

JEAA - School Attendance/Student Absences and Tardiness

JEAA - School Attendance/Student Absences and Tardiness

Regular school attendance is essential to academic success. Because the process of education depends upon exposure to subject matter, continuity of instruction and class participation, absence from class is detrimental to student learning. The interaction of students with the teacher and with other students contributes to mastery of content, critical thinking, and development of effective communication and social skills.

Responsibility for maintaining student attendance is a shared responsibility.

A. Except for excused absences, students are expected to attend school every day, arrive at school and to each class on time, and remain in school for the full day. 

B. Parents are expected to ensure that their children arrive at school each day on time, remain in school for the full day, and attend school consistently throughout the year.

C. Schools will maintain a comprehensive attendance record for each student. School staff is expected to monitor attendance and communicate with parents and students regarding attendance and tardiness. 

The parent or legal guardian is responsible for notifying the school of their child’s absence. A phone call or an
email to the school attendance account prior to/on the day of the absence or a signed note when the child returns
to school is required. Parents are expected to provide one of the excusable reasons for a student’s absence. Any absences for which no reason is provided will be considered unexcused.

If a student is absent and the school has not been notified of this absence by the parent, the school will contact the parent and alert the parent of the student’s absence.

The Superintendent, in consultation with school administrators and, as appropriate, other school unit staff, shall be responsible for developing rules and procedures related to student attendance. Such rules and procedures will include provisions for: 

A. Disciplinary consequences for unexcused absences, tardiness, early departures and absences from classes;

B. The potential academic consequences of excessive absenteeism; and 

C. The making up of tests, quizzes and other work missed during excused and unexcused absences. 

Absences will be classified in two ways:    

Excused Absence 

A student’s absence is excused when the absence is for the following reasons:

A. Personal illness (a chronic illness may require a doctor’s note);

B. An appointment with a health professional that must be made during the regular school day;

C. Observance of a recognized religious holiday when the observance is required during the regular school day;

D. A family emergency;

E. A planned absence for a personal or educational purpose that has been approved by administration;

F. Education disruption resulting from homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a medical emergency, foster care placement, youth development placement or some other out-of-district placement that is not otherwise authorized by either any individual education plan or a superintendents’ student transfer agreement. “Education disruption” does not apply to a student who is out of school for 10 or more consecutive school days as a result of a planned absence for a reason such as a family event or a medical absence for planned hospitalization or recovery.

Unexcused Absence

An unexcused absence shall be defined as one which does not fit the criteria of excused absence and which does not have permission of school administration. The definition of excused and unexcused absence can be found in each schools’ student handbook. 

The Board’s policy and the schools’ attendance rules and procedures will be communicated to students, parents, administrators and staff by means of student and staff handbooks, student and parent orientations, and/or other means as deemed effective and appropriate. The potential disciplinary consequences for unexcused absences from school or class and for unexcused tardiness and early departures will be included in the student code of conduct.

  


Cross References: JEA - Compulsory Attendance

JFC - Dropout Prevention/Student Withdrawal from School

JHB - Truancy

JICDA - Student Code of Conduct

 

Policy Adopted: June 7, 1978

Policy Revised: November 1, 1979, May 7, 1980, August 19, 1987, October 15, 1997,  November 20, 2013, June 1, 2016, March 15, 2023

JFAA - Admission of Resident Students

JFAA - Admission of Resident Students

The Maine School Administrative District (MSAD #35) shall admit as students those of legal school age whose parents or guardians legally reside within the unit. Adequate proof of residence shall be required. The Board reserves the right to verify residency through appropriate means for any enrolled student or any family applying for enrollment.

“Residence” means bona fide residence—one’s actual residence maintained in good faith—and does not include a temporary or superficial residence established for the purpose of free school attendance in this system. It shall be considered the place where important family activity takes place—the place where the family eats, sleeps, relaxes and plays. It is a place that can be called a “home.” While it is possible for an individual to maintain property and pay taxes in more than one location or community, for purposes of student eligibility for school attendance, “residence” shall mean where the parent or guardian maintains a home. 

Guardianship shall be substantiated by a copy of a court order or probated will appointing the resident as guardian of the student. No student shall be accepted for enrollment or allowed to continue in enrollment on the basis of guardianship established by a power of attorney. 

Resident students entering school for the first time shall be admitted upon presentation of an official certified copy of student’s birth certificate to the Principal, along with a record of required immunizations and pertinent health records.  Photocopies shall be made and retained in the student’s file.

New resident students who are transferring into the school system shall be admitted on the basis of age, health, discipline and academic records received from the previous school. However, original documentation may be required if deemed necessary to appropriately determine a student’s eligibility for enrollment and assignment.



Legal Reference: 18-A MRSA § 5201, et seq

20-A MRSA §§ 5202 et seq., 6002

Maine Commissioner of Ed. Administrative Letter No. 13, 10/9/97

 

Cross Reference: JFAB – Admission of Non-Resident Students

JFAA-R1 – Admission of Resident Students and Procedures (Students enrolling in School for the First Time)

JFAA-R2 – Admission of Resident Students and Procedures (Transfer and Home School Students)

JLCB/JLCB-R – Immunization of Students and Procedures


Policy Adopted: February 12, 2014

Policy Revised: November 14, 2018, February 16, 2022

Policy Reviewed: February 16, 2022

JFAA-E1 - Admission of Resident Students Procedure (for Students enrolling in School for the First Time)

JFAA-E1 - Admission of Resident Students Procedure
(for Students enrolling in School for the First Time)

Admission Requirements:

  1. Proof of Residency - required (Please reference acceptable proof of residency documents list)
  2. Updated Immunization record - required (Please reference JLCB-R immunization requirement list)
  3. Birth Certificate - required
  4. Previous School Information/Records release. - required

a. If your child is entering pre-k, they still need to fill out and sign the release form and indicate N/A on the form

The district encourages electronic registration per the link below:

https://mecloud1.infinitecampus.org/campus/OLRLogin/msad35

Paper registration form below:

The following information and certification are required before a student will be admitted to the Maine School Administrative District 35 (MSAD #35).

Date of Birth: ___________________________________________________________________________

Student’s Residence: (Street address, city, state and zip code)

___________________________________________________________________________

Home telephone number: _______________________________________________________

Student lives with (check all that apply):

 

☐ Father, daytime phone: _____________________________

☐ Mother, daytime phone: _____________________________

☐ Legal Guardian, daytime phone: ______________________

List Additional Siblings and Schools Attending:


 

 


If the student lives in the district with a legal guardian who is not a parent, a certified copy of the court order appointing the guardian must be attached.

If a custodial parent/guardian wishes the district to comply with the provisions of a court order related to the student, a certified copy of the court order must be attached.

If the student is an emancipated minor, a certified copy of the court order must be attached. 

Other living arrangements: _______________________________________________________

Parent/Guardian Certification of Residency Requirement

I certify that I live with the student named above at the street address identified above. I understand that MSAD #35 will require proof of residency and that I have the burden of proof regarding residency. If this residency information changes, I agree to bring it to the immediate attention of MSAD #35. Proof of Residency documents accepted by MSAD #35 are as follows: utility bill, purchase and sale agreement, voter registration, current official lease or renter’s agreement.

Date: ___________ Signature: __________________________ Print Name: __________________________



Birth Certificate and Immunization Records Requirements

Official certified copy of student’s birth certificate (20-A M.R.S.A. Section 6002).

Immunization records (signed statement from licensed physician, nurse practitioner or physician assistant specifying immunization received, dates, and dosages). Immunization requirements can be found in policy procedure JLCB-R.

Non-immunized students are not permitted to attend schools and school activities unless one of the following conditions is met (please check applicable box):

☐Parent/legal guardian provides written assurance that child will be immunized within 90 days of this application (this option is only available once in the student’s school years); OR

☐Parent/legal guardian provides a written statement from a licensed physician, nurse practitioner or physician assistant that immunization against one or more diseases may be medically inadvisable (required each year).

The Superintendent/designee shall exclude from school and school activities any non-immunized student when there is a clear danger to the health of others as provided by law.

Additional Personnel Documents Provided by Family

Cross Reference: JFAA – Admission of Resident Students

JLCB/JLCB-R – Immunization of Students and Procedure


Policy Adopted: November 14, 2018

Policy Revised: March 16, 2022

Policy Reviewed: March 16, 2022

JFAA-E2 - Admission of Resident Students Procedure
for Transfer and Home School Students

JFAA-E2 - Admission of Resident Students Procedure
for Transfer and Home School Students 

Admission Requirements:

  1. Proof of Residency - required (Please reference acceptable proof of residency documents list)

  2. Updated Immunization record - required (Please reference JLCB-R immunization requirement list)

  3. Birth Certificate - required

  4. Previous School Information/Records release. - required

a. If your child is entering pre-k, they still need to fill out and sign the release form and indicate N/A on the form

The district encourages electronic registration per the link below:

https://mecloud1.infinitecampus.org/campus/OLRLogin/msad35

Paper registration form below:

The following information and certification are required before a student will be admitted to the Maine School Administrative District 35 (MSAD #35).

Date of Birth: ___________________________________________________________________________

Student’s Residence: (Street address, city, state and zip code)

___________________________________________________________________________

Home telephone number: _______________________________________________________

Student lives with (check all that apply):

 

☐ Father, daytime phone: _____________________________

☐ Mother, daytime phone: _____________________________

☐ Legal Guardian, daytime phone: ______________________

List Additional Siblings and Schools Attending:

 

 

 

 

If the student lives in the district with a legal guardian who is not a parent, a certified copy of the court order appointing the guardian must be attached.

If a custodial parent/guardian wishes the district to comply with the provisions of a court order related to the student, a certified copy of the court order must be attached.

If the student is an emancipated minor, a certified copy of the court order must be attached.

Other living arrangements: _____________________________________________________

Parent/Guardian Certification of Residency Requirement

I certify that I live with the student named above at the street address identified above.  I understand that MSAD #35 will require proof of residency and that I have the burden of proof regarding residency.  If this residency information changes, I agree to bring it to the immediate attention of MSAD #35.  Proof of Residency documents accepted by MSAD #35 are as follows: utility bill, purchase and sale agreement, voter registration, current official lease or renter’s agreement.

Date: __________ Signature: ____________________________ Print Name: ______________________________


Students Education/Disciplinary Records from Previous School Requirement

Name of school that student is transferring from:

Address and telephone number for above:

Name of Principal:

Student’s current grade level:

Reason for transfer:

Is the student currently subject to expulsion or suspension from the school from which he/she is transferring OR has the student withdrawn from the school before an expulsion hearing or suspension?   ☐Yes      ☐No   (Please check one box.) 

If the answer is yes, please attach a written statement of the circumstances. If the student has been expelled or suspended, or withdrew from school before an expulsion hearing or suspension, the student will not be allowed to enroll in MSAD #35 until the Superintendent has made a determination as to whether to admit the student and if so, under what conditions. 

The applicant is hereby notified that MSAD #35, in accordance with 20-A M.R.S.A. Section 6001-B, shall request all of the student’s education and disciplinary records from the school he/she is transferring from. MSAD #35 may also request an oral or written report from the previous school as to whether the student has been expelled or suspended, or withdrew from school before an expulsion hearing or suspension.

If an applicant is allowed to enroll in MSAD #35 pending receipt of education and disciplinary records, such enrollment shall be considered conditional until the Superintendent has made a determination as to the student’s disciplinary status in the previous school.

Immunization Records Requirement

Immunization records (signed statement from licensed physician, nurse practitioner or physician assistant  specifying immunization received, dates, and dosages). Immunization requirements can be found in policy procedure JLCB-R.

Non-immunized students are not permitted to attend schools and school activities unless one of the following conditions is met (please check applicable box):

☐Parent/legal guardian provides written assurance that child will be immunized within 90 days of this application (this option is only available once in the student’s school years); OR

☐Parent/legal guardian provides a written statement from a physician that immunization against one or more diseases may be medically inadvisable (required each year).

The Superintendent/designee shall exclude from school and school activities any non-immunized student when there is a clear danger to the health of others as provided by law.

Additional Documents Required from previous School District

                ☐Academic Transcript/Report Card

                ☐IEP/504 Plans

      ☐Attendance Records

Additional Personnel Documents Provided by Family

☐Any Legal Documents (Custody Agreements, Protective Order, etc.)


Cross Reference: JFAA – Admission of Resident Students

JLCB/JLCB-R – Immunization of Students and Procedure

 

Policy Adopted: November 14, 2018

Policy Reviewed: March 16, 2022 

Policy Revised: March 16, 2022

JFAB - Admission of Non-Resident Private Tuition Students

JFAB - Admission of Non-Resident Private Tuition Students

The M.S.A.D. No. 35 Board of Directors adopts this policy for accepting non-resident students whose parents wish to pay tuition to M.S.A.D. #. 35 to allow their child(ren) to attend District schools.

  1. M.S.A.D. #35 shall accept Grades PK-12 non-resident private tuition students by application only. Application shall be made to the Admissions Committee. The Admissions Committee will be comprised of a central office administrator, a school administrator, the Director of Special Services, a school guidance counselor, and one school teacher. Admission may be denied to any non-resident private student who is currently subject to an expulsion or suspension or is the subject of an expulsion or suspension proceeding or who has a history of dangerous behavior or conduct affecting the safety of a school in any way. Admission decisions are made by the admissions committee on the basis of the application and the other criteria identified in this policy. Appeal of a denial may be made to the Superintendent of Schools, whose decision shall be final. A non-resident private tuition student who is accepted will be formally enrolled in M.S.A.D. No. 35 once the student’s parents have signed the Non-Resident Private Tuition Student Agreement. A $500 non-refundable deposit is required and will be applied to the first tuition payment. 
  2. In accordance with the MHS Student Handbook, final class rank for seniors is determined after the third quarter.  To be eligible for “Top Ten Graduate” status, a student must be enrolled for their entire senior year. Therefore, any tuition student(s) must be enrolled at MHS at the beginning of the second semester of their junior year to qualify for “Top Ten Graduate” status.
  3. Non-resident private tuition students attending M.S.A.D. No. 35 schools are entitled to: (a) access to the District’s regular classes and co-curricular and extracurricular programs on a space-available basis; (b) the provision of any reasonable accommodations the Child Study Team (CST) determines a student requires (in accordance with Paragraph 7) in order to participate in the regular education program, as long as those accommodations do not result in an increase in costs to the District; and (c) access, on a space-available and personnel-available basis (in accordance with Paragraphs 3 and 8), to existing, in-District special education programs and services that the CST determines a student requires in order to attend District schools.
  4. Otherwise eligible non-resident private tuition students shall be admitted only if there is space and/or personnel available within existing programs or classes that the student would be  attending, as described in Paragraph 8. Decisions regarding the availability of space or personnel for non-resident tuition students in District programs and classes will be made by the Superintendent or designee, and will be made in accordance with applicable state and local requirements and guidelines governing program and class size.
  5. All requirements for enrollment in M.S.A.D. No. 35 schools that apply to resident students (such as age, health examinations and immunization requirements) also apply to non-resident private tuition students.
  6. Non-resident private tuition students are expected to meet the same academic, extracurricular and behavioral standards and are subject to the same disciplinary procedures as resident students, up to and including expulsion. Any non-resident private tuition student whose enrollment is recommended to be terminated for disciplinary reasons prior to the end of the school year has the right to an expulsion hearing before the M.S.A.D. No. 35 Board of Directors, as described in 20-A M.R.S.A. § 1001(9).  The decision of the Board is final.  A student who is expelled will forfeit all tuition paid to date.
  7. M.S.A.D. No. 35 has no obligations to non-resident private tuition students under the  Individuals with Disabilities Education Act (IDEA). A free appropriate public education (FAPE) remains available to non-resident private tuition students in the school district in which the student and his/her parent(s) reside and M.S.A.D. No. 35 has no obligation to provide a FAPE to non-resident private tuition students under either the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act. The District will not implement an Individualized Education Plan (IEP) or 504 Plan that was developed for a non-resident private tuition student in a former school or district.
  8. All decisions regarding any accommodations and/or special education and related services that a non-resident private tuition student with a disability may need in order to participate in District schools will be made by a group of persons knowledgeable about the student (the CST) after an individual assessment of a student’s needs.
  9. If the CST determines that a non-resident private tuition student with a disability requires special education and/or related services to participate in District schools, the student is entitled to access such services only on a space-available and personnel-available basis, and only within existing, in-District programs and from personnel currently employed by the District. When determining whether space is available for a non-resident private tuition student in any District special education program, a program will be considered "closed" to non-resident private tuition students if 80% of the spaces in the program are filled. A staff member will be considered  available to the student only if the staff member is serving no more than 80% of his/her maximum caseload. The District shall not create new programs or classrooms to serve non-resident private tuition students, hire additional staff to serve those students, or serve non-resident private tuition students in any educational program outside of the District.
  10. The Superintendent may deny or revoke the admission of a non-resident private tuition student if the Superintendent determines that the student cannot obtain an appropriate education in existing programs or classes at the school. In the case of students with disabilities, the Superintendent’s decision will be made in consultation with, and after review of the determinations of, the CST and in accordance with all applicable laws. 
  11. M.S.A.D. No. 35 will charge an annual tuition equal to the maximum rate permitted by state law, 20-A M.R.S.A. § 5805. Tuition amounts for the upcoming quarter shall be paid in full by the first day of each school quarter. Failure by a parent to pay tuition as due shall be grounds for revoking the admission of the non-resident private tuition student. In the event of a default in the timely payment of the tuition as set forth in this Agreement, and if the District allows the student to continue to attend District schools, all payments which are in arrears shall accrue interest at a rate of 18% per year until paid in full, and the parents shall pay, in addition to the principal and interest, all costs of collection, including reasonable attorney’s fees.
  12. M.S.A.D. No. 35 shall not furnish transportation for non-resident private tuition students except where the student can otherwise access normal bus runs offered by the District on a space available basis only.
  13. The Board of Directors will review this policy annually and may discontinue it at any time. If discontinued, students who are currently enrolled on a tuition basis will be allowed to graduate from Marshwood High School.

 


Cross References: 20-A M.R.S.A. §§ 5203(1), 5204(l), 5801, 5804, 5805, 6001-B(3)

JFAA - Admission of Resident Students

JLCB - Immunization of Students


Policy Adopted: March 3, 2010

Policy Revised: May 2, 2012

Policy Reviewed: April 30, 2013 and November 28, 2018

JFAB-E - Admission of Non-Resident Private Tuition Students Application for MSAD#35

JFAB-E - Admission of Non-Resident Private Tuition Students Application for MSAD#35

Date: ________________ 

Full Name of Student: ________________________________________________________

                                      Last Name             First Name              Middle Name

Parent/Guardian(s) Name: _____________________________________________________

Permanent Home Address: ___________________________________________________

                                              Street                     City                State            Zip

Current Mailing Address: ______________________________________________________

                                           Street/PO Box             City              State           Zip

Telephone Number: _____________________  Alternate Phone Number: _______________

E-mail: _____________________________________________________________________ 

Student’s current/last school attended (or attending): _________________________________

Current Grade: ___________________________

School Address: _________________________________________________________   

Principal: _______________________________________________________________

Counselor: _______________________________________________________________

Telephone: _______________________________________________________________

In answering the following questions, please feel free to attach additional pages.

  1. Give a brief summary of the student’s academic standing at his/her current school.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
  2. Please describe any special interests of your son/daughter (example: Music, Clubs, Sports, etc.).                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
  3. Has your son/daughter ever been suspended from school? If so, please describe the reasons. Give a brief summary of any disciplinary referrals that the student has experienced.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
  4. Has your son/daughter ever had a substance abuse problem? If so, please describe the situation.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
  5. Are there any special concerns or issues we should consider regarding our admission of your son/daughter?                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

M.S.A.D. No. 35 will charge an annual tuition equal to the maximum rate permitted by state law, 20-A M.R.S.A. § 5805. Tuition amounts for the upcoming quarter shall be paid in full by the first day of each school quarter. Failure by a parent to pay tuition as due shall be grounds for revoking the admission of the non-resident private tuition student. In the event of a default in the timely payment of the tuition as set forth in this Agreement, and if the District allows the student to continue to attend District schools, all payments which are in arrears shall accrue interest at a rate of 18% per year until paid in full, and the parents shall pay, in addition to the principal and interest, all costs of collection, including reasonable attorney’s fees.

A $500 non-refundable deposit is required with this application and will be applied to the first tuition payment.  The check should be made out to: M.S.A.D. #35, with “Tuition Deposit” in the memo section.

_________________________________________________________________

Signature of Parent/Guardian                             Date

_________________________________________________________________

Signature of Student                                           Date  

Please mail this application, along with the $500 non-refundable deposit, to:

Office of the Superintendent of Schools

Attn: Administrative Assistant to the Superintendent

M.S.A.D. #35

180 Depot Road

Eliot ME 03903


JFAB-E Reviewed November 28, 2018

JFABD - Education of Homeless Students

JFABD - Education of Homeless Students

MSAD #35 recognizes its statutory obligation to provide a free public education to homeless children and youth. Homeless students will not be segregated or stigmatized on the basis of their homelessness. In cooperation with other school units, MSAD #35 will provide homeless students with suitable programs that assure equal access to education. Such education shall be provided according to the best interests of the homeless student, meaning that, to the extent feasible, the student’s education shall continue in the school the student last attended before becoming homeless, unless doing so is contrary to the wishes of the student’s parents or guardian.

MSAD #35 shall file with the Maine Department of Education, as part of its annual Title I Plan, a description of services that will be provided to homeless children. The Superintendent will designate a Homeless Education Liaison who will coordinate the school unit’s services for homeless students. The Homeless Education Liaison will be responsible for identifying and enrolling homeless students so they receive the educational services for which they are eligible.

The Superintendent is authorized to develop and implement any administrative procedures necessary to carry out this policy, consistent with applicable statutes and regulations.

 


 

20-A M.R.S.A. §§ 13-A, 261 and 5205

Me. Dept. of Ed. Reg. 14

 

Cross Reference: Education of Homeless Students Procedure – JFABD-R

Student Records and Information - JRA   

 

Policy Adopted: November 19, 2003 

Policy Revised: December 19, 2018

Policy Reviewed: May 12, 2014, September 23, 2020

JFABD-E1 - Education of Homeless Students Notice

JFABD-E1 - Education of Homeless Students Notice

Homeless students are eligible to enroll in school even if unable to provide proof of residency or certain education and immunization records.

Homeless students include student who lack a fixed, regular and adequate nighttime residence and include a child or youth:

(1) Students who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

(2) Students who have a primary night-time residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings;

(3) Students who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(4) Migratory students who are living in circumstances described in 1) through (3).

Eligible homeless students have the right to:

·      Continue attending their school of origin or attend school in the district of their current residence, based on the student’s best interest

·      Comparable educational services

·      Transportation to and from school

·      Free school meals

·      Full participation in school activities

·      Being served without stigma or separation

If you believe that you or your child is homeless, please inform the person registering you or the Homeless Education Liaison.  (see next page)

Scott Reuning

MSAD #35 Homeless Education Liaison

180 Depot Road

Eliot, ME 03903

207-439-9197

scott.reuning@rsu35.org

Amelia Lyons (she/her)

Title I Part C, Migrant Education

McKinney-Vento, Homeless Education

Department of Education

23 State House Station

Augusta, ME 04333

(207) 557-1787

Amelia.Lyons@maine.gov

Non-immunized students are not permitted to attend schools unless one of the following conditions is met (please check applicable box):

______ Parent/legal guardian provides written assurance that child will be immunized within 90 days of this application (this option is only available once in the student school years, OR

______ Parent/legal guardian provides a written statement from a physician that immunization against one or more diseased may be medically inadvisable (required each year):    



Cross-reference: JFABD - Education of Homeless Students 

JFABD-E1 adopted: December 19, 2018

JFABD-E1 revised:  October 21, 2020

JFABD-E2 - Sample Housing Information Form

JFABD-E2 - Sample Housing Information Form

Your answers will help determine if the student meets eligibility requirements for services under the McKinney-Vento Act. 

Student ____________________________ Parent/Guardian _________________________

School _________________________ Phone _____________________________                

Age _____   Grade _____           D.O.B. __________

Address ________________________________________________City _______________

Zip Code _______________  Is this address Temporary or Permanent? (circle one)

Please choose which of the following situations the student currently resides in (you can choose more than one):

_____ House or apartment with parent or guardian

_____ Motel, car, or campsite                                                                                             

_____ Shelter or other temporary housing

_____ With friends or family members (other than or in addition to parent/guardian)

If you are living in shared housing, please check all of the following reasons that apply: 

_____ Loss of housing

_____ Economic situation

_____ Temporarily waiting for house or apartment

_____ Provide care for a family member

_____ Living with boyfriend/girlfriend                                  

_____ Loss of employment

_____ Parent/Guardian is deployed

_____ Other (Please explain)

Are you a student under the age of 18 and living apart from your parents or guardians? 

 Yes       No

Housing and Educational Rights

Students without fixed, regular, and adequate nighttime residences have the following rights: 

1) Immediate enrollment in the school they last attended or the local school where they are currently staying even if they do not have all of the documents normally required at the time of enrollment without fear of being separated or treated differently due to their housing situations;

2) Transportation to the school of origin for the regular school day;

3) Access to free meals, Title I and other educational programs, and transportation to extra-curricular activities to the same extent that it is offered to other students. 

Any questions about these rights can be directed to the local McKinney-Vento liaison at [Insert phone number] or the State Coordinator at [Insert phone number].

By signing below, I acknowledge that I have received and understand the above rights. 

 

___________________________________________________________________________

Signature of Parent/Guardian/Unattached Youth                  Date


___________________________________________________________________________

Signature of McKinney-Vento Liaison                                     Date

           

 


Exhibit Form Revised: October 21, 2020

Cross-Reference: JFABD - Education of Homeless Students 

JFABD-E3 - Written Notification of Decision

JFABD-E3 - Written Notification of Decision

(To be completed by school district)

This form is to be completed by the school when a disagreement arises between the school and a parent, guardian, or unaccompanied youth over McKinney-Vento eligibility, school selection, or enrollment in a school.

Date:                                                                                                                                                            

____________________________________________________________________________


Name of person completing form:                                                                                                   

____________________________________________________________________________


Title of person completing form:                                                                                                              

____________________________________________________________________________


Name of school:                                                                                                                                          

____________________________________________________________________________
In compliance with 42 U.S. C. § 11432(g)(3)(E) of the McKinney-Vento Homeless Assistance Act, the following written notification is provided to:


Name of Parent(s)/Guardian(s):                                                                                                                  

____________________________________________________________________________


Name of Student(s):                                                                                                                                    

____________________________________________________________________________

After reviewing your request regarding eligibility, or school selection or enrollment in a school for the student(s) listed above, the request is denied. This determination was based upon:

You have the right to appeal this decision by completing the second page of this form or by contacting the school district’s local homeless education liaison.

Name of local liaison:                                                                                                                             

__________________________________________________________________________

Phone number: ______________________________________ 

Email: _____________________________________________

In addition:

■ The student listed above has the right to enroll immediately in the requested school pending the resolution of the dispute.

■ You may provide written or verbal communication(s) to support your position regarding the student’s enrollment in the requested school. You may use the form attached to this notification.

■ You may contact the State Coordinator for Homeless Education if further help is needed or desired. Contact information for the State Coordinator: You may seek the assistance of advocates or an attorney. A copy of our state’s dispute resolution process for students experiencing homelessness is attached.






Written Notification of Decision - JFABD-E3

(To be completed by parent,guardian, or unaccompanied youth)

To be completed by the parent, guardian, or unaccompanied youth when

a dispute arises. This information may be shared verbally with the local liaison as an alternative to completing this form.

Date:                                                                                                                                                            

___________________________________________________________________________


Student(s):                                                                                                                                                  

___________________________________________________________________________


Person completing form:                                                                                                                           

___________________________________________________________________________


Relation to student(s):                                                                                                                                

___________________________________________________________________________


I may be contacted at (phone or e-mail):                                                                                                    

___________________________________________________________________________



I wish to the appeal the enrollment decision made by:                                                                                

___________________________________________________________________________


Name of School:                                                                                                                                          

___________________________________________________________________________

I have been provided with (please check all that apply): 

___A written explanation of the school’s decision.

___The contact information of the school district’s local homeless education liaison.

___A copy of the state’s dispute resolution process for students experiencing homelessness.

Optional: You may include a written explanation in the space below to support your appeal or you may provide your explanation verbally.

The school provided me with a copy of this form when I submitted it. (Please initial.)

 


Exhibit Form Revised: October 21, 2020
Cross-Reference: JFABD - Education of Homeless Students 

JFABD-E4 - Model Local Dispute Resolution Process


JFABD-E4 - Model Local Dispute Resolution Process

Introduction:

Under the McKinney-Vento Homeless Assistance Act and Maine Education Rules Chapter 14, MSAD #35 is responsible for evaluating a student’s eligibility for homeless education services. For students deemed eligible, MSAD #35 must then determine whether it is in the student’s best interest to continue attending the school of origin or transition to a school available based on the student’s current residence. It is MSAD #35’s responsibility to make the best interest determination when it is the School Administrative Unit of Origin, but the Department may also make this determination as the Administrative Unit of Current Residence upon a family’s request or if the SAU of Origin does not do so promptly. MSAD #35 will always aim to involve parents, guardians, and unaccompanied youth in its eligibility and best interest decision-making, but ultimately the responsibility for making these determinations rests with School Department. The following dispute resolution process is meant to be used when the school’s decision contradicts the wishes of the family.

In those cases, MSAD #35 will provide the parent, guardian, or unaccompanied youth with a clear written explanation, using language that is accessible to the recipient, of the reasons for its determination and will inform the parent/guardian/unaccompanied youth of their right to request dispute resolution. Should dispute resolution be requested, the student is assumed to be eligible for services under the McKinney-Vento Act and may attend the family’s preferred school for the full time that the determination remains in dispute. MSAD #35 will carry out this process expeditiously, fairly, respectfully, and confidentially to minimize uncertainty and disruption to the education of the student.

Dispute Resolution Process:

Step I:  Notice to the Homeless Liaison

The parent/guardian/unaccompanied youth is referred to the local homeless liaison for an explanation of and assistance with the dispute resolution process. Parent/guardian/unaccompanied youth notifies the liaison in writing that they intend to dispute the determination. Should the disputant notify a staff member other than the liaison, that staff person will immediately convey the notice to the homeless liaison. The liaison ensures that the student is immediately enrolled in the disputant’s preferred school and is receiving all services to which a homeless student is entitled. 

Step 2:  Review by Building Administrator

The homeless liaison conveys the request to the Building Administrator, who has 7 working days to review the disputed determination. The Building Administrator may meet with the disputant to gain a better understanding of their perspective and/or may gather additional information from the family, homeless liaison, and other staff as needed. Within 7 business days, the Building Administrator informs the disputant of his or her decision and reasoning in writing and provides a copy to the homeless liaison.

Step 3:  Appeal to the Superintendent 

The homeless liaison confers with the disputant regarding the Building Administrator’s determination and informs the disputant that the decision can be appealed to the Superintendent if they remain dissatisfied. If the disputant chooses to appeal, the liaison obtains a written response from the disputant and conveys the cumulative dispute file to the Superintendent. The Superintendent may meet with the disputant and/or gather additional information needed to fairly review the disputed determination. The Superintendent will provide a written response to the appeal request within 10 working days of the disputant’s notice of appeal. A copy is provided to the homeless liaison.

Step 4:   Appeal to the Maine Department of Education

The homeless liaison confers with the disputant to determine whether they are satisfied with the outcome of the local appeal. If the disputant remains dissatisfied, the liaison assists the disputant in submitting a state level appeal via the process outlined in Maine Education Rules Chapter 14, Section 7. The local homeless liaison gathers all documentation from the local appeal process, assists in the completion of the state level dispute resolution request form, and submits the completed file to the State Homeless Education Consultant electronically or via post. 

 

Exhibit Form adopted: October 21, 2020

Cross-Reference: JFABD - Education of Homeless Students 

JFABD-R - Education of Homeless Students Procedure

JFABD-R - Education of Homeless Students Procedure

A. Homeless Education Liaison

The Superintendent shall designate a Homeless Education Liaison (“Homeless Liaison”). The Homeless Liaison is responsible for coordinating school unit services for homeless students and for unaccompanied homeless students. All questions regarding enrollment, programming and services for homeless students will be referred to the Homeless Liaison. The Homeless Liaison is expected to consult with school administrators and the Superintendent in making determinations of homelessness, enrollment and programming decisions for students. The Homeless Liaison shall ensure that MSAD #35 meets all other requirements under federal and state law/regulations.

B. Definitions

1. Homeless student. A homeless student means a student eligible to attend MSAD #35 district schools who:

          a. Lacks a fixed, regular and adequate night-time residence; and

          b. Includes:

(1) Students who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

(2) Students who have a primary night-time residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings;

(3) Students who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(4) Migratory students who are living in circumstances described in 1) through (3).                

2. Unaccompanied homeless student. An unaccompanied homeless student is a homeless student, as defined above, who is not in the physical custody of a parent or guardian.

C. Determination of Homelessness

1. If a student seeks to enroll in MSAD #35 as a homeless student, the Homeless Liaison shall be informed as soon as possible by the building administrator or designee.

2. The Homeless Liaison shall take the following steps:

a. Meet with the student’s parent or guardian, or in the case of an unaccompanied homeless student (a student not in the physical custody of a parent or guardian), with the student.

b. Determine whether the student is a “homeless student” or “unaccompanied enrollment.

c. If the student is determined to be homeless, the parent/guardian (or student if an unaccompanied homeless student) will be informed of the enrollment options available to the student and transportation services available.

3. If it is determined that the student is not homeless, the parent/guardian (or student if an unaccompanied homeless student) will be provided with a written explanation of the school’s decision, including information regarding the right to appeal the decision (as explained in section I below). 

D. Student Enrollment

MSAD #35 will facilitate the student’s enrollment in school, according to the student’s best interest (as explained in subparagraph 2 below).

 1. Enrollment options could include:

a. Continuing the student’s enrollment in the student’s “school of origin” (the public school the student attended when permanently housed or, if the student was not attending school when he/she became homeless) for the duration of homelessness in any case in which a family becomes homeless between academic years or during an academic year and for the remainder of the academic year, if the student becomes permanently housed during an academic year, or

b. Attending the public school in the attendance area where the student is now actually living.

2. The student is to be enrolled in a school according to the student’s “best interests,” which will include student-centered factors such as the impact of mobility on achievement, education, health, and safety of the student. Furthermore, the Homeless Liaison shall presume that keeping the student in the school of origin is in the student’s best interest, except when doing so is contrary to the request of the child's parent/guardian, or (in the case of an unaccompanied homeless student) the student’s own wishes. When applicable, the Homeless Liaison will consider information about the student’s disability in the determination of “best interests.” The Homeless Liaison will also consider the views of the school administrative unit of current residence.

3. If a student is to be enrolled in a school other than the school of origin or the school requested by the parent/guardian (or the unaccompanied homeless student), the Homeless Liaison shall provide the parent/guardian (or unaccompanied homeless student) with a written explanation, including information regarding the right to appeal the decision (see below).

4. A student determined to be homeless shall be immediately enrolled in a MSAD #35 school, if found to be in the student’s best interests, even if the student is unable to produce records normally required for enrollment (such as academic records and immunization records), or pending any appeal of a school enrollment decision.

5. In the event a dispute arises over enrollment in a school, the student shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute.

E. Educational and Transportation Services

Homeless students shall be provided services comparable to those offered to other students in the same school, including:

1. Educational services for which the student is eligible, including but not limited to special education, gifted and talented programs, vocational programs, college readiness, school choice options, before and after school programs, school meals through the National School Lunch Program, Title I and limited English proficiency programs, and other school-based support services.

2. Transportation services. If requested by the parent/guardian (or in the case of an unaccompanied homeless student, the Homeless Liaison), homeless students must be provided with daily transportation to or from the school of origin. If the student continues to live in the area served by the school unit in which the school of origin is located, that school unit must provide or arrange for the student’s transportation to or from the school of origin. If the student continues to attend the school of origin and the student begins living in an area served by another school unit, the school unit of origin and the school unit of residence must agree upon a method to apportion the responsibility and costs for providing transportation to and from the school of origin. If the school units cannot agree upon a method, the responsibility and costs for transportation are to be shared equally.

F. Coordination with Other School Units and Agencies

The Homeless Liaison shall be responsible for coordinating with local social service and other agencies and other school units as necessary to ensure that homeless children and youth have access to education and related support services. The Homeless Liaison will provide referrals to homeless families/children for health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services as necessary.

G. Recordkeeping and Student Privacy

The Homeless Liaison shall ensure proper recordkeeping of information required under federal and state regulations. Information regarding a student’s living situation is subject to federal and state privacy laws, such as the Federal Education Records and Privacy Act (FERPA).

H. Public Notice 

The Homeless Liaison is responsible for providing all required notices and any other information required to be shared or distributed with parents/guardians (or unaccompanied homeless students) by law. The Homeless Liaison will identify the appropriate method to distribute and post information so that it is readily accessible to the public.

I. Dispute Resolution

 1. MSAD #35 Appeal Procedure

a. If a parent/guardian (or unaccompanied homeless student) is dissatisfied with the determination by the Homeless Liaison that a student is not homeless or with the enrollment decision, he/she may appeal the decision in writing to the Superintendent within five (5) school days.

b. The Superintendent shall review pertinent records and conduct further investigation if deemed appropriate. The Superintendent shall notify the parent/guardian (or unaccompanied homeless student) of his/her decision in writing within twenty (20) school days.

c. If the parent/guardian (or unaccompanied homeless student) is dissatisfied with the Superintendent’s decision, he/she may ask the Homeless Liaison to forward the appeal to the Department of Education for final resolution. This request must be made within five (5) school days of the parent/guardian’s receipt of the decision.

2. Maine Department of Education Dispute Resolution Process

a. When disagreement remains after the MSAD #35 appeal procedure, the Homeless Liaison will assist the parent/guardian, or unaccompanied homeless student in assembling an appeal packet for submission to the State Homeless Education Coordinator of the Maine Department of Education, if requested. Appeals to the Maine Department of Education will be handled as specified in Maine Department of Education Rule Chapter 14, including an Initial State Review by the State Homeless Education Coordinator and a final appeal, if requested, by the Commissioner of Education.

b. Disputes among school units. In situations where there is a disagreement between MSAD #35 and another school unit over a determination of eligibility or best interest, MSAD #35 may request informal assistance from the State Homeless Education Coordinator. Should the disagreement persist, MSAD #35 or the other school unit may initiate the dispute resolution process specified in Maine Department of Education Rule Chapter 14. In such a case, the Homeless Liaison will assist the parent/guardian (or unaccompanied homeless student) in assembling any documents they wish to submit, if requested.

 

Cross references: JFABD – Education of Homeless Students

JRA – Student Records and Information

 

Policy revised: December 19, 2018 

Policy reviewed: September 23, 2020

JFC - Dropout Prevention Student Withdrawal From School

JFC - Dropout Prevention Student Withdrawal From School

The Board strongly urges school administrators, staff, parents, and members of the community to encourage students to remain in school through high school.

Dropout Prevention Committee

In order to reduce the school dropout rate, the Superintendent shall establish a Dropout Prevention Committee to study the problem of dropouts, habitual truancy, and the need for alternative programs, kindergarten to grade 12. The Committee will meet at least annually, make recommendations for addressing the problem, and submit a plan of action to the Board in accordance with the provisions in Maine law. 

The Committee will consider the following when developing its plan: reasons why students dropout of school; maintenance of continuing contacts with recent dropouts in order to extend opportunities for alternate educational programs, counseling, and referral; education of teachers and administrators about engaging students to prevent them from dropping out; use of human services programs to help dropouts; the Board’s policies on suspension, expulsion, and other disciplinary action; and discriminatory practices and attitudes within the unit. 

Committee Membership

 As required by law, the Dropout Prevention Committee shall be composed of the following members: 

A. A member of the Board selected by the Board;

B. A school administrator selected by the Superintendent;

C. A teacher and a school counselor selected by the teachers’ organization;

D. A parent selected by the local organized parent group or by the Board if no such group exists;

E. A school attendance coordinator from the school system selected by the Superintendent;

F. A high school student selected by the Dropout Prevention Committee members selected in paragraphs A to E;

G. A dropout selected by the Dropout Prevention Committee members selected in paragraphs A to E; and

H. A community resident of the district selected by the Dropout Prevention Committee members selected in paragraphs A to E.

The Board recognizes the importance of success as a motivator and as a factor in a student’s commitment to education.  Students who have been identified as being at risk of dropping out will be (or: should be) encouraged to participate in the alternative educational programs that are offered in this school unit or in other instructional, vocational or social service programs for which they may be eligible.

Student Withdrawal from School

School administrators shall arrange for regular contacts to be made with students who have withdrawn from school for the purpose of informing them of the process for readmission, making them aware of alternatives in the community for continuing their education and stating the MSAD #35’s willingness to assist them in their educational efforts.

 



Legal Reference: 20-A MRSA §§ 5001-A; 5051-A; 5102-5104-A

Cross Reference: IHBH - Alternative Education Programs

JEA - Compulsory Attendance

 

Policy Adopted: December 18, 2013

JLCE-E - MSAD #35 Accident Report

MSAD #35 Accident Report

JLCDB - Naloxone (Narcan) in Schools

JLCDB - Naloxone (Narcan) in Schools

Purpose

It is the intent of MSAD #35 to prevent opioid-related deaths on school premises. Naloxone, commonly known as Narcan, is a medication that can reverse an overdose that is caused by an opioid drug. When administered during an overdose, naloxone blocks the effects of opioids on the brain and respiratory system in order to prevent death. Naloxone has no potential for abuse and is a non-narcotic and non-addicting prescription medication.

It is the policy of MSAD #35 that all schools stock naloxone as an opioid antagonist to treat a case of suspected opioid overdose in a school setting. Any person trained may administer naloxone to any person suspected of experiencing an opioid-related overdose.

Permissions

The superintendent or designee shall maintain a current standing medical order from the school medical advisor that prescribes naloxone for use by trained school personnel to assist any individual suspected of experiencing an opioid related overdose on school grounds. Trained school personnel may carry and administer naloxone on school grounds with a standing order from the school health advisor.

Procurement of Naloxone

The superintendent, principal, certified school nurse, or designee will be responsible for the procurement of naloxone. The school medical advisor shall prepare standing orders.

Storage

Naloxone will be clearly marked and stored in an unlocked storage cabinet in each nurse’s office. The school nurse will ensure that all other trained staff are aware of the naloxone storage location. Naloxone will be stored in accordance with the manufacturer's instructions to avoid extreme cold, heat and direct sunlight.

Use of Naloxone

Follow the protocol for the administration of naloxone for suspected opioid overdose.

Follow Up

After administration of naloxone, the person administering naloxone will follow MSAD #35 policies for incident reporting. Notify district-level administration.

Title 20-A Chapter 201 §4009

Policy Adopted: October 18, 2023

JGAA - Assignments of Students to Classes - Five Year Olds

JGAA - Assignments of Students to Classes - Five Year Olds

Maine law permits children who are at least four years old on October 15th of the school year to enroll in school for Pre-Kindergarten and five years old on October 15th of the school year to enroll in school for Kindergarten.

However, it is recognized that exceptions to this initial placement may be justified under limited circumstances. In such rare cases, enrolling five-year-old students may be placed in first grade at the discretion of school officials in accordance with the following:  

A. Social and emotional maturity should have been demonstrated such as to predict success in grade one;

B. The decision of placement lies with the Principal, appealable to the Superintendent, whose decision shall be final;  

C. The right must be reserved to the school to administer testing as appropriate to making a proper determination of placement;

D. Any such placement is to be conditioned upon demonstrated success and reviewed at appropriate intervals;  

E. A student who was enrolled in a public or private Pre-Kindergarten/Kindergarten and is promoted to first grade may enroll in first grade; and

F. All exceptional placements are to be reported to the Superintendent.  

The Superintendent shall promulgate regulations/procedures to implement this policy.


Legal Reference: 20-A MRSA § 5201

Cross Reference: IKE - Promotion, Retention and Acceleration of Students

JFAA and JFAA-R1 - Admission of Resident Students and Procedure

JFAB – Admission of Non-Resident Students


Policy Adopted: August 19, 1987

Policy Revised: September 18, 1996, December 3, 2003, March 5, 2014 (Replaced JEB-Entrance Age),     November 14, 2018

JGAB - Assignment of Students to Classes: 
Transfer Students and Home Schooling Students

JGAB - Assignment of Students to Classes:
Transfer Students and Home Schooling Students

The principal of the school in which a transfer or formerly home-schooled student is enrolling will be responsible for assigning the incoming student to a class or grade.

The principal shall be responsible for determining the value of the student’s prior education. The principal may consider performance on standardized tests, academic records, portfolios, projects, writing samples, performances, and other demonstrations of achievement consistent with the local standards. MSAD #35 may require an incoming student to participate in tests or other assessments to aid in this determination. 

For incoming high school students, tests or assessments may be required to determine whether a student has met course prerequisites or credit requirements for graduation. In addition, such tests and assessments may be used to determine when instructional intervention may be appropriate.

The principal/designee shall meet with the student’s parents and, as appropriate, with the guidance counselor, special services director, and/or other professional staff before making a class/grade assignment decision.

A parent/guardian or eligible student who is dissatisfied with the principal’s class/grade decision or with the principal’s evaluation of the student’s prior educational experience may appeal to the Superintendent whose decision shall be final.

 


Ch. 127 §§ 5.03, 6.02, 7.02(A)(5) (Me. Dept. of Ed. Rules)

Cross Reference JFAA - Admission of Resident Students

 

Policy Adopted: August 19, 1987

Policy Revised: October 20, 1993, November 8, 2006, December 19, 2018

JHB - Truancy

JHB - Truancy

I.    Definition

A student is truant if they are required to attend school or alternative instruction under Maine compulsory attendance law (20-A MRSA § 5001-A) and he/she:

1.  Has completed grade six and has the equivalent of 10 full days of unexcused absences or seven consecutive school days of unexcused absences during a school year; or

2.   Is at least six years of age and has not completed grade six and has the equivalent of seven full days of unexcused absences or five consecutive school days of unexcused absences during a school year. Truancy under this paragraph is considered “child abuse and neglect” under Maine law and is reportable to the Department of Health and Human Services (DHHS); or

3.   Is at least 5 years of age and has been voluntarily enrolled in school; has not completed grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year. Truancy under this paragraph will also be reported to DHHS.

II.    Attendance Coordinators 

The Board shall appoint one or more attendance coordinators typically a building administrator in accordance with state law.  The duties of the attendance coordinator include, but are not limited to:

A. Interviewing a student whose attendance is irregular and meeting with the student and the parents to determine the cause of the irregular attendance and filing a written report with the principal;

B. Filing an annual report with the Superintendent summarizing school year activities, findings and recommendations regarding truants;

C. Serving as a member of the dropout prevention committee; and

D. Serving as the liaison between the school and the local law enforcement agency in matters pertaining to student absenteeism under Maine law.

III.  Truancy Procedure

As required by law, the following procedure shall be followed when a student is truant: 

A.    The principal, upon determining that a student is truant under Section I, shall notify the Superintendent within five school days of the last unexcused absence.

B.    A student who is determined to be truant shall be referred by the Superintendent to school-based intervention team within five school days. 

C.    The school-based intervention team shall meet and determine the cause of the truancy and assess the impact of the student’s past and possible future absences on the student. If it is determined that the absences have a negative effect, the school-based intervention team shall develop an intervention plan to address the student’s absences and any negative effects. 

The intervention plan may include, but is not limited to:

1.          Frequent communication between the teacher(s) and the family;

2.          Changes in the learning environment;

3.          Mentoring;

4.          Student counseling;

5.          Tutoring, including peer tutoring;

6.          Placement into different classes;

7.          Consideration of multiple pathways of learning as allowed by law;

8.          Attendance contracts;

9.          Referral to family services agencies; and

10.       Other interventions, including but not limited to referral to the school attendance coordinator, school-based intervention team or dropout prevention committee. 

The plan should also address how future absences of the student will be dealt with; the timeline for particular activities; and periodic reports to the Superintendent on the student’s progress in complying with the plan. 

D.    The student and their parents/legal guardians shall be invited to attend any meetings scheduled to discuss their truancy and the intervention plan. Failure of the student and/or their parents/legal guardians to attend any scheduled meetings shall not preclude the school from implementing an intervention plan.

E.    If the intervention plan does not correct the student’s truancy, the Superintendent shall serve or cause to be served upon the parent in-hand or by registered mail a written notice that the student’s attendance at school is required by law. The notice shall:

1. State that the student is required to attend school pursuant to 20-A MRS § 5001-A (the compulsory attendance law); 

2. Explain the parent’s right to inspect the student’s attendance records, attendance coordinator’s reports, and principal’s reports;

3. Explain that the failure to send the student to school and maintain the student in regular attendance is a civil violation in accordance with 20-A MRS § 5053-A and will jeopardize the student’s status in their current grade;

4. State that the Superintendent may notify local law enforcement authorities of a violation of 20-A MRS § 5053-A, and, if the violation falls under Section I.B.2 or B.3., may notify the Department of Health and Human Services; and of a violation under and 20-A MRSA § 5051-A(1)(C); and

5. Outline the intervention plan developed to address the student’s truancy and the steps that have been taken to implement that plan.

F.   Prior to notifying local law enforcement authorities, the Superintendent shall schedule at least one meeting of the school-based intervention team as required in Section III.C and may invite a local prosecutor.

G.   If after three school days after the service of the notice described in Section III.C of this policy the student remains truant and the parent and student refuse to attend the meeting referred to in Section III.E, the Superintendent shall report the facts of the unlawful absence to local law enforcement authorities. Local law enforcement may proceed with enforcement action unless the student is at once placed in an appropriate school or otherwise meets the requirements of the compulsory attendance law. 

H.    When a student is determined to be truant and in violation of the compulsory attendance law, and the school-based intervention team has made a good faith attempt to meet the requirements of Section III.C, the Superintendent shall notify the Board of the truancy. 

IV.  Annual Report to Commissioner

The Superintendent shall submit an annual report regarding truancy to the Commissioner of Education by October 1. The report must identify the number of truants in the school administration unit in the preceding school year; describe the school unit’s efforts to deal with truancy; account for actions brought under the truancy law, including the number of truants referred to the school-based intervention team; and include any other information on truancy requested by the Commissioner.


Legal Reference: 

20-A MRSA §§ 3272; 5001-A; 5051-A to 5054

22 MRSA §§ 4002(1); (6)(B-2)

Cross Reference:

JEA - Compulsory School Attendance

JFC – Dropout Prevention Committee

JLF – Child Abuse Reporting, Prevention and Education

 

Adopted: October 5, 1977

Policy Revised: November 1, 1979, May 7, 1980, August 19, 1987, April 5, 2000, December 18, 2013, June 01, 2016, October 16, 2019, December 2, 2020 and June 15, 2022

JIC - STUDENT CODE OF CONDUCT

JIC - STUDENT CODE OF CONDUCT

Promoting ethical and responsible student behavior is an essential component of the MSAD #35 Board’s educational mission.

The MSAD #35 is committed to maintaining a safe, respectful and orderly school environment in which students may receive and staff may deliver quality education without disruption or interference and in which students may develop as ethical, responsible and involved citizens.

To achieve this goal, the Board has developed this Student Code of Conduct with input from school administrators, staff, students, parents and the community. Based on values identified as essential to ethical and responsible behavior, the Code articulates the MSAD #35 Board’s expectations for student conduct.

The Board believes that each member of the school community should take responsibility for his/her own behavior. To that end, the Board recognizes the need to define unacceptable student conduct, identify the possible consequences for unacceptable conduct, and ensure that discipline is administered fairly, promptly, and appropriately.

The Student Code of Conduct applies to students who are on school property, who are in attendance at school or at any school-sponsored activity, or whose conduct at any time or place directly interferes with the operations, discipline, or general welfare of the school.

The Student Code of Conduct shall be distributed to students, parents and staff through handbooks and/or other methods deemed appropriate by the Superintendent and building administrators.

Standards for Ethical and Responsible Behavior

The Code of Conduct is intended to support and encourage students to meet the following standards for ethical and responsible behavior:

● Respect
● Honesty
● Compassion
● Fairness
● Responsibility
● Courage

Code of Conduct

All students are expected to comply with the Code of Conduct and all related Board policies and school rules. The Code applies to students:

● On school property,
● While in attendance at school or at any school-sponsored activity, or
● At any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school.

General Behavior Expectations and Discipline Policies

The following expectations for student behavior are fundamental to the safe, orderly and respectful environment in our schools. Each student should:

1. Be courteous to fellow students, staff and visitors.
2. Respect the rights and privileges of other students and school staff.
3. Obey all Board policies and school rules governing student conduct.
4. Follow directions from school staff.
5. Cooperate with staff in maintaining school safety, order and discipline.
6. Attend school regularly.
7. Meet school standards for grooming and dress.
8. Respect the property of others, including school property and facilities.
9. Refrain from cheating or plagiarizing the work of others.
10. Refrain from vulgarity, profanity, obscenity, lewdness, and indecency.

Violations of the Code of Conduct may result in disciplinary action. Disciplinary consequences depend upon the seriousness of the violation and the student’s prior disciplinary record. Consequences will range from a verbal warning for minor violations up to and including expulsion for the most serious offenses. Behavior that also violates the law may be referred to law enforcement authorities.

Expectations

The following is a summary of the school unit’s expectations for student behavior. In many cases, the Board has adopted policies that address these expectations in greater detail. Students, parents and others should refer to the policies and student handbooks for more information about the expectations and consequences. In case of an inconsistency between the Code of Conduct, Board policies, and/or school handbooks, the Board’s policies will prevail.

A.    Violence and Threats

Students shall not engage in violent or threatening behavior. Prohibited behavior includes fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property, or threats, intimidation, or harassment.  Violations may result in disciplinary action up to and including expulsion.

B.    Weapons

Students shall not possess or use weapons of any kind (examples include but are not limited to firearms, explosives, and knives). Students also shall not use any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce, or harass another person (examples include but are not limited to bats, lighters, tools, and toy weapons). Firearms violations will result in expulsion in accordance with state and federal statutes; other weapons violations may result in disciplinary action up to and including expulsion.

C.    Bullying

Bullying is not acceptable conduct in MSAD # 35 schools and is prohibited. Any student who engages in conduct that constitutes bullying shall be subject to disciplinary consequences including suspension and expulsion. A student’s bullying behavior may also be addressed through other behavioral interventions.

D.    Hazing

Hazing is prohibited. Maine law defines injurious hazing as “any action or situation, including harassing behavior that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in public school.” No student shall plan, encourage, or engage in such activities in connection with any school program or activity, including extracurricular, co-curricular and athletic activities. Students who engage in hazing activities are subject to suspension, expulsion and/or other appropriate disciplinary measures.

E.    Discrimination and Harassment/Sexual Harassment

Students should not discriminate against other students on the basis of perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information

Nor should students harass one another on the basis of perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information.

Sexual harassment is also prohibited. Harassment is grounds for disciplinary action up to and including expulsion.

For the purpose of this policy, “race” includes traits associated with race, including hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

F.    Drug and Alcohol Use             

Students shall not distribute, possess, use or be under the influence of “bath salts” or of any alcoholic beverage, drug, or look-alike substance as described in Board policy. Violations may result in disciplinary action up to and including expulsion from school.       

G.    Tobacco Use

Students shall not smoke, use, possess, sell or distribute any tobacco products. This prohibition also applies to e-cigarettes and products and paraphernalia associated with “vaping.” Violations of this policy may result in disciplinary action up to and including expulsion from school.

H.    Conduct on School Buses

Students must comply with all school rules while on school buses. Students who violate these rules on a school bus may have their riding privileges suspended or revoked, and may also be subject to additional disciplinary action, up to and including expulsion, depending upon the particular violation.

I.     Computer/Internet Use

Students may use school computers, networks and Internet services only for educational purposes. Students shall comply with all policies and rules governing acceptable use. Unacceptable use may result in suspension or cancellation of computer privileges as well as additional disciplinary and/or legal action.

J.     Athletic/Extracurricular Activities

Students must follow all MSAD #35 Board policies and school rules while participating in athletics and extracurricular activities. Students who violate policies and rules may be subject to suspension or removal from the team/activity as well as additional disciplinary action under applicable Board policies and/or school rules.

Discipline

Violations of the Code of Conduct may result in positive and restorative interventions and/or disciplinary action. School administrators have the discretion to tailor discipline to the facts and circumstances of the particular situation. Disciplinary consequences will range from a verbal warning for minor misconduct up to and including expulsion for the most serious offenses.

The following limitations on expulsions and out-of-school suspensions for students in grade 5 or below:

1. Students in grade five or below may only be expelled for violations of the federal Gun-Free Schools Act, as provided in 20-A MRSA § 1001(9-A). The Superintendent may determine on a case-by-case basis, in writing that an expulsion is not required.

2. Students in grade five or below may not receive an out-of-school suspension except when a student a) has violated the federal Gun-Free Schools Act or b) presents an imminent danger of serious physical injury to the student or others, and it is determined that less restrictive interventions would be ineffective.

3. Any out-of-school suspension of a student in grade five or below can be no longer than three school days.

4. Recess may not be withheld as a consequence of violating this Code of Conduct by any student enrolled in grade five or below, except when recess is the only time when restorative interventions can occur.

Removal of Disruptive/Violent/Threatening Students

Staff procedure for addressing reports of dangerous behavior can be found in policy JICIA-R.

Form for reporting dangerous behavior by a student can be found in policy JICIA-E1.

1. Students who are disruptive, violent or threatening death or bodily harm to others may be removed from classrooms, school buses, or other school property when necessary to maintain order and safety. The staff member who orders the student removed should arrange to have the student escorted to the office or other designated location.

2. If a student does not comply with a staff member’s order to leave, the staff member will contact an administrator, or, if not available, another suitable person, who shall respond promptly.

3. Staff members should not use force or restraint, except only to the minimum extent necessary to protect any person from imminent physical harm. Staff members are not required to take action that puts them at risk of serious injury.

4. The responding administrator will take appropriate action. If the student fails to obey verbal directions, force or restraint may be used only to the minimum extent necessary to protect any person from imminent physical harm or to quell a disturbance. Whenever practicable, law enforcement should be called to restrain or physically remove the non-compliant student. The administrator may invoke the school unit’s emergency management plan if appropriate.

Special Services

1. Referral. The school unit has adopted policies and procedures for determining when a student shall be referred for special services.

2. Review of Individual Educational Plan. The school shall schedule a meeting to review the IEP of a student who has been removed from class when: a) school officials and/or the parent believes the student may present a substantial likelihood of injury to himself/herself or others; b) the class removals are sufficient to constitute a change in the student’s special education program, or c) school officials or the parent believes that the student’s behavior may warrant a change in educational programming.

Referrals to Law Enforcement Authorities

The Superintendent and principals have the authority to seek the assistance of law enforcement authorities when there is a substantial threat to the safety of the schools, students or staff. The Superintendent/principals may also inform law enforcement authorities when they have reason to suspect that a student or staff member may have violated a local, state or federal statute. All serious offenses, as determined by the Superintendent, must be reported to law enforcement authorities.

Dissemination of the Student Code of Conduct

The Student Code of Conduct and summary of consequences for violation of the Code of Conduct shall be distributed to staff, students and parents through handbooks and/or other means selected by the Superintendent and building administrators.



20-A MRSA §§ 254 (11); 1001 (15)
Standards for Ethical and Responsible Behavior in Maine Schools and Communities (Report of the Commission for Ethical and Responsible Behavior, 2/01)

Cross Reference: 

AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA/ACAA-R - Harassment and Sexual Harassment of Students 
ACAD - Hazing                               
ADAA - School System Commitment to Standards for Ethical and Responsible Behavior

ADC – Use of and Possession of Tobacco and Electronic Smoking Devices       

EBCC - Bomb Threats
IHBAA – Referral and Use of General Education Interventions
IHBAC - Child Find
IJNDB – Student Computer and Internet Use and Internet Safety
JICH - Drug and Alcohol Use by Students
JICK - Bullying
JK - Student Discipline
JKD - Suspension of Students
JKE - Expulsion of Students
JKF - Disciplinary Removals of Students with Disabilities


Policy Adopted: November 20, 2002

Policy Revised: November 16, 2022; January 17, 2024

 

JIC-E1 - Report of Dangerous Behavior by Student

JIC-E1 - Report of Dangerous Behavior by Student

1.          Name of Reporter: _________________________________  Date of Report: __________

             Please note: This form must be completed by a person with first-hand knowledge of the dangerous behavior,                   or by a  person assisting the person with first-hand knowledge of the dangerous behavior.

             a. Please check the appropriate line:  _______Staff member  ___________Student

               __________ Other role (please specify):_________________________________

2.          If the person filling out this form is assisting someone who has first-hand knowledge, please provide the name of the               person with first-hand knowledge:

             ________________________________________________________________

            a. Please check the appropriate line:  _______Staff member   ___________Student

            __________ Other role (please specify):_________________________________

3.          Information About the Incident

             a. Date and time it occurred: ____________________________________________

            b. Location (be specific): ________________________________________________

           c.  Brief description of dangerous behavior by student (included who was directly subjected to the behavior, any                            injuries or property damage): ___________________________________

                 _____________________________________________________________________________

                 ______________________________________________________________________________

                 _____________________________________________________________________________

          d. Other witnesses (if any), including names and positions: ____________________________

              _____________________________________________________________________________

4.          Contact information for follow-up (telephone and email): ______________________________

             _____________________________________________________________________________

PLEASE FOLD THIS REPORT, STAPLE OR TAPE IT CLOSED FOR SECURITY, AND DELIVER TO THE BUILDING PRINCIPAL.  YOU WILL BE CONTACTED AFTER THE REPORT HAS BEEN ASSESSED.  THANK YOU.
____________________________________________________________________________________________________For administrative use
Date the report was received in principal’s office: _________________________________________________________

Policy Form Adopted:  November 16, 2022



JIC-R - Procedure Addressing Reports of Dangerous Student 


JIC-R - Procedure Addressing Reports of Dangerous Student 

This procedure describes the process to address reported incidents of dangerous behavior by students on school grounds, or at school activities, in accordance with 20-A M.R.S.A. § 6555. 

For the purpose of this procedure, “dangerous behavior” means student behavior directed at another student, at staff, or at other persons on school grounds or at school activities when the behavior harms or presents a risk of harm to the other person.

For the purpose of this procedure, “assigned public school employee” means a public school employee chosen by the local president of the bargaining unit of the staff member allegedly subjected to the dangerous behavior.

Step One:   All reports of dangerous behaviors addressed by this procedure must be set forth in writing on the attached form.   The person completing the report must either have firsthand knowledge of the incident or be assisting a person with firsthand knowledge of the incident.  In no event shall anonymous reports be addressed through this process.

Step Two:  The building principal shall make an initial determination of whether the alleged victim is a school staff member, a student, or some other person.  If a report alleges dangerous behavior by a student against another student or person other than a staff member, the matter will be addressed in accordance with the applicable policy or procedure for allegations of that nature.  

Step Three:   If it is determined that the report is credible and should be addressed under this procedure, the building principal shall contact the local president of the bargaining unit for the staff member allegedly harmed or threatened by the student behavior, but shall not disclose personally identifiable information about the student.  The local president shall appoint a public school employee to review the reported incident with the building principal.  The assigned public school employee may not be the staff member who is the subject of the report. 

Step Four: The building principal shall meet with the assigned public school employee to review the written report of the alleged dangerous behavior and to discuss possible avenues to be pursued by the building principal investigating the report.   This review shall not include consideration of the student’s educational record.  If any personally identifiable information about the student must be disclosed to the assigned public school employee, the employee must keep that information confidential. 

Step Five:  The building principal shall undertake an investigation, as he/she deems appropriate in light of applicable law and policies, of the alleged dangerous behavior, which shall include interviewing the staff member subjected to the behavior being investigated, interviewing the student involved, and considering any other evidence relevant to the allegation.

Step Six:     Following the investigation into the incident by the building principal or designee, the building principal or designee shall meet with the assigned public school employee to review the findings.  If any personally identifiable information about the student must be disclosed to the assigned public school employee, the employee must keep that information confidential. 

Step Seven:   After the investigation, if the building principal determines that the alleged dangerous behavior did not occur, or did not constitute “dangerous behavior” as defined by this procedure, she or he shall notify in writing both the staff member who was the subject of the report and the assigned public school employee that the report was not substantiated.  If further action regarding the behavior at issue is otherwise warranted, the building principal will determine the appropriate steps to follow under applicable rules or procedures.

Step Eight: If the building principal determines that the student engaged in dangerous behavior covered by this procedure, the building principal shall develop an individualized response plan intended to avoid future dangerous behavior by the student.  The building principal shall consult with the staff member who was subjected to the dangerous behavior for his or her input and opinion on what should be included in the individualized response plan.  The building principal makes the final determination on the content of that plan. 

An individualized response plan may include, but is not limited to, the following:

   i.     Appropriate discipline consistent with the school code of conduct, with consideration of interventions that could                        minimize the necessity of suspension and/or expulsion;

ii.       Providing counseling and guidance services;

 iii.     Use of positive behavioral interventions designed to address the consequences of possible trauma and supports and                training for students and staff members;

  iv.     Restorative practices;

v.       Training for employees who interact with the student; and

vi.     Providing adequate staffing and professional development necessary to implement the plan.

If the dangerous behavior was committed by a student with a disability, or a student in a disability referral process, the building principal must consult with the Director of Special Education to ensure that the individualized response plan does not in any manner violate state and federal special education or other disability laws and is fully consistent with the student’s IEP, 504 plan, and/or educational placement.  The building principal and the Director of Special Education may also determine whether the dangerous behavior should be referred to the student’s IEP or 504 team.

Step Nine: Upon completion of the individualized response plan, the building principal shall notify in writing the staff member who was subject to the dangerous behavior that the behavior was substantiated and that an individualized response plan has been developed for the student in question.  Details of the individualized response plan may be shared with the staff member to the extent that the staff member is affected by its terms. 

Source:  20-A M.R.S.A. § 6555

Policy adopted: November 16, 2022



JICA -Student Dress - Effective School Year 2023-2024

JICA - Student Dress
Effective School Year 2023-2024

The Board recognizes that the responsibility for the dress and appearance of students rests with
individual students and their parent(s)/guardian(s). The Board will not interfere with this right unless
the personal choices of students create a disruptive influence on the school program or affect the health or safety of others.

Marshwood schools are places of learning. Student dress is a reflection of the learning environment we create as a school district. This policy is intended to be applied universally to all students regardless of gender or other personal characteristics. Students are encouraged to use sound judgment and reflect respect for themselves and others in dress and grooming. In the event a student dress issue arises, a growth mindset focused on creating a learning opportunity for the students is expected. In keeping with the goals of MSAD 35 to provide a safe, healthy and nondiscriminatory environment to educate students for maximum academic and social development, the following restrictions on dress shall be enforced.

A. Articles of clothing that promote the use of tobacco, alcohol or other drugs are prohibited.

B. Clothing, footwear, insignia or accessories that are intended to identify the wearer as a member of a particular gang are prohibited.

C. Articles of clothing with displays that are sexual, vulgar, lewd or indecent or include insulting words (e.g., racial/ethnic slurs) are prohibited.

D. Clothing that is destructive of school property (e.g., cleats, pants with metal inserts that scratch furniture) is prohibited.

E. Buttons or other insignias are prohibited if the message is intended to mock, ridicule, or otherwise deliberately demean or provoke others because of race, religion, national origin,

gender or sexual orientation.

F. Appropriate footwear must be worn at all times.

G. During the academic day, undergarments should not be visible while at rest, and clothing covering one's midriff and buttocks are required.

H. Appropriate athletic apparel is expected during participation in athletic activities outside of the school day.

I. Students who are concerned that their learning environment is being adversely impacted due to dress issues are encouraged to express their concerns to the peer or staff members and/or connect with a professional within the building to help navigate the situation.

J. As required by Maine law there shall be no discrimination against students whose grooming includes hair texture, Afro hairstyles and protective hairstyles including braids, twists and locs.

This policy will be enforced on school grounds and at all school functions.

School administrators or teachers may require special clothing for health and safety reasons for students participating in physical education, certain extracurricular activities, work with or around machines or other activities. However, no particular brand may be required.

Students and staff should work to create a learning environment that is best for instruction and learning. High School and Middle School Administration is expected to meet with representative student groups to discuss student dress, trends and policy.

Policy Adopted: May 7, 1980

Policy Revised: December 18, 1996; August 15, 2007; December 21, 2016, March 15, 2023

JICC - Student Conduct on Buses

JICC - Student Conduct on Buses

The law does not relieve parents/guardians of students from the responsibility of supervision before the child boards the bus in the morning and after the child leaves the bus at the end of the school day.

The Board expects children to conduct themselves at the bus stop in a manner consistent with the student code of conduct.

Once a child boards the bus—and only at that time—does the child become the responsibility of the school system.  Such responsibility shall end when the child is delivered to the regular bus stop at the close of the school day.

In view of the fact that a bus is an extension of the classroom, the Board requires children to conduct themselves in the bus in a manner consistent with established standards for classroom behavior.

In cases when a child does not conduct themselves properly on a bus, such instances are to be brought to the attention of the building Principal by the bus driver.  The building Principal will inform the parents/guardians immediately of the misconduct and request their cooperation in checking the child’s behavior.

Children who become a serious disciplinary problem on the school bus may have their riding privileges suspended by the Principal.  In such cases, the parents/guardians of the children involved become responsible for seeing that their children get to and from school safely.

 

20-A MRSA § 5401

Cross Reference:

EEA - Student Transportation Services

JFCK – Student Use of Cell Phones and Other Electronic Devices

JICDA – District-Wide Student Code of Conduct

 

Policy Adopted: March 5, 2003

Policy Revised: May 21, 2014; December 20, 2023

JICEC - School Sponsored and Non-School-Sponsored Student Publications

JICEC - School Sponsored and Non-School-Sponsored Student Publications

It is beneficial to the educational mission of the school for students to express their own views concerning a wide variety of topics and issues and share them in an appropriate manner with other students in the school. Students’ rights to express their views in the school, however, must be exercised responsibly and with consideration for the special characteristics of the school environment. The school has a duty to ensure that students’ views are expressed in a manner that is consistent with the educational mission of the school. 

This policy addresses the following categories of materials: 

School-sponsored student publications, and Non-school-sponsored student publications distributed on school premises.

For the purposes of this policy, the term publication includes any form of communication including but not limited to writing, printing, recorded tape, film, video, any digital medium, and nonverbal communication through symbols/images/drawings.

I. School-Sponsored Student Publications

School-sponsored student publications are curriculum related extracurricular activities approved by the school, supervised by teachers or activity advisors, and designed to develop participants’ knowledge and skills. School-sponsored student publications include, but are not limited to newspapers, yearbooks, literary magazines, and digital content. School administrators and staff are expected to exercise sufficient control of school-sponsored publications to ensure that students are learning what the activity is intended to teach, that audiences are not exposed to materials that may be inappropriate for their level of maturity, and that the views of the individual writer or creator are not erroneously attributed to the school.

To the extent deemed educationally appropriate by school administrators and teachers/activity advisors, student editors shall have initial responsibility for determining content. However, the teacher/activity advisor or an administrator may override the student editors’ decision for reasons consistent with the educational goals of the schools after giving substantial and due regard for the judgment of student editors and the educational value of exercising that judgment.

Factors that teachers/advisors and administrators should consider in determining whether content is appropriate include, but are not limited to, the educational objectives of the school-sponsored activity (for example, teaching accuracy and fairness are legitimate educational objectives of a student newspaper) and whether the content complies with the guidelines for publications listed in Section III of this policy.

II.  Non-School-Sponsored Student Publications

Distribution of non-school-sponsored publications by students is subject to the following rules:

A. Content of Publications

All materials distributed by students must meet the guidelines delineated in Section III of this policy.

B. Copy for Building Administrator 

A copy of the publication shall be provided to the building administrator before distribution begins, long with the name of the student or students who will be distributing the publication.

C. Voluntary Review of Publications 

Students may voluntarily request review of publications by the building administrator in advance of distribution. If review is requested, the building administrator shall determine whether the publication complies with the guidelines in Section III of this policy and shall consult with the Superintendent and legal counsel if necessary.

The schools’ determination that the publication complies with the guidelines does not imply approval of its contents by the school, the administration, the Board, or the individual reviewing the publication. The student distributors and authors of the publication shall be solely responsible for its contents and the building administrator may require that the publication include disclaimers.

D. Time, Place and Manner of Distribution

Students may distribute publications at any entrance or exit to the school before and after school and in a location in the cafeteria designated by the building administrator during all lunch periods. Students shall not distribute publications in a manner which disrupts any school activity or blocks or impedes the safe flow of traffic within corridors and entranceways of the school. No students, staff members or visitors to the schools shall be compelled or coerced to accept any publications. Students who distribute publications shall be responsible for cleaning up materials left on the grounds and within school buildings.

E. Compliance with Policy

Violations of this policy may result in disciplinary action.

III. Guidelines for School-Sponsored and Non-School-Sponsored Publications

School-sponsored and non-school-sponsored publications distributed on school premises shall not include expressions that: 

A. Present a clear and present likelihood that it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, or will cause or promote the commission of unlawful acts or violations of Board policies and/or school rules;

B. Constitute insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence or harassment based on race, religion, ethnic origin, disability, gender or sexual orientation);

C. Are libelous (e.g., contains false statements that are injurious to a person’s reputation);

D. Are indecent, obscene or vulgar, if distributed in the district schools;

E. Advertises any product or service not permitted to minors by law; and/or

F. That do not conform to MSAD #35 policy KHB and KHB-E “Advertising in the Schools”.

 

Cross Reference: 

IJND – MSAD #35 website

KHB – Advertising in the Schools


Policy Adopted: June 21, 1995

Policy Revised: June 7, 2006; June 24, 2024

JICH - Drug and Alcohol Use by Students

JICH - Drug and Alcohol Use by Students

The Board of Directors and staff of the school unit support a safe and healthy learning environment for students which is free of the detrimental effects of drugs and alcohol. Accomplishing this goal requires a cooperative effort among school staff, students, parents, law enforcement officials, and organizations concerned with the use of drugs and alcohol by school-aged youth.

In order to promote the safety, health, and wellbeing of students, the School Board endorses a three-pronged approach to address the issue of drug and alcohol use:  prevention/education, intervention, and discipline. The Superintendent is responsible for developing appropriate administrative procedures, curricula, and programs to implement this policy.

Prohibited Conduct 

No student shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor. Nor shall a student manufacture, distribute, dispense, possess, use, or be under the influence of “bath salts'' or other synthetic hallucinogen or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, any other controlled substance defined in federal and state laws/regulations, any look-alike substance, or any substance that is represented to be a controlled substance, except as outlined in policy JLCD Administering Medication to Students and JLCDA Medical Marijuana in Schools.

These prohibitions apply to any student who is on school property, who is in attendance at school or at any school-sponsored activity, or whose conduct at any time or place directly interferes with the operations, discipline, or general welfare of the school.

Disciplinary Action 

Principals may suspend and/or recommend expulsion of students who violate this policy based upon the facts of each case and in accordance with established disciplinary procedures. Students may also be referred to law enforcement authorities for investigation and/or prosecution.

Prevention/Education

MSAD #35 will provide students with appropriate information and activities focused on educating students about drugs and alcohol and preventing their use. Programs shall teach students that the use of drugs and alcohol is wrong and harmful, how to resist peer pressure, and address the legal, social, and health consequences of drug and alcohol abuse. 

Intervention

MSAD #35 will establish a team approach to intervene with students with drug/alcohol problems. Students will be assisted in addressing their drug/alcohol problems in continuing their educational program. Students will be provided with information and referral, if necessary, to aid them in obtaining assistance from appropriate community organizations. Student records concerning such interventions shall be kept confidential as required by state and federal laws.

Policy Communications

MSAD #35 shall distribute this policy and appropriate related information to staff, students, and parents on an annual basis through handbooks and/or other means selected by the Superintendent and building administrators.

 

21 USC § 812 (Controlled Substances Act)

21 CFR Part 1300.11-15

Pub.L.No. 101-226 (Drug-Free Schools and Communities Act of Amendments of 1989)

17-A MRSA § 1101

42 USC § 290dd-2

42 CFR § 2.1 et seq.

20-A MRSA §§ 1001(9); 4008

  Cross References: 

GBEC - Drug Free Workplace

JICIA - Weapons, Violence, and School Safety

JKD - Suspension of Students

JKE - Expulsion of Students

JLCD - Administering Medication to Students

JLCDA - Medical Marijuana in Schools

JRA - Student Records

 

Policy Adopted: August 28, 1985

Policy Revised: August 19, 1987, June 16, 1993 and December 4, 2002, February 28, 2018, May 12, 2021; January 17, 2024

JICIA - Weapons, Violence and School Safety

JICIA - Weapons, Violence and School Safety

The School Board believes that students and staff are entitled to learn and work in a school environment free of violence, threats and disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.

School staff are required to immediately report incidents of prohibited conduct by students to the building administrator/designee for investigation and appropriate action.

I. PROHIBITED CONDUCT

Students, staff and all other persons are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school:

A. Possession and/or use of articles commonly used as weapons or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, crossbows, brass knuckles, switchblades, knives, chains, clubs, and nunchucks;

B. Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort, and replicas of weapons (including toys);

C. Violent or threatening behavior including but not limited to fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats);

D. Verbal or written statements (including those made using computers or other electronic communications devices or technologies) which threaten, intimidate, or harass others, or which tend to incite violence and/or disrupt the school program;                                  

E. Willful and malicious damage to school or personal property; 

F. Stealing or attempting to steal school or personal property;

G. Lewd, indecent or obscene acts or expressions of any kind;

H. Violations of the school unit’s drug/alcohol and tobacco policies;

I. Violations of state or federal laws; and

J. Any other conduct that may be harmful to persons or property.

Staff procedure for addressing reports of dangerous behavior can be found in policy JICIA-R.

Form for reporting dangerous behavior by a student can be found in policy JICIA-E1.

II. EXCEPTIONS TO PROHIBITIONS ON POSSESSION AND DISCHARGE OF FIREARMS ON SCHOOL PROPERTY

The prohibition on the possession and discharge of firearms on school property does not apply to law enforcement officials acting in the performance of their duties. 

A. Possession of firearms used in educational programs

The prohibition on the possession of a firearm does not apply to a person who possesses an unloaded firearm for use in a supervised educational program approved and authorized by the Board and for which the Board has adopted appropriate safeguards to ensure student safety.                                                                                 

Nothing in this policy shall prevent the school system from offering or approving instructional activities related to firearms (e.g., hunter safety). Any proposal to introduce an instructional activity involving firearms must be submitted in writing to the Superintendent, who may make a recommendation to the Board. Such proposal must state the objectives of the activity and describe the safeguards that will be put in place to ensure student and staff safety.

No firearms may be used in instructional activities or brought to school for instructional activities unless the Superintendent/designee has given specific permission in advance. 

III. USE OF OTHER WEAPONS IN INSTRUCTIONAL ACTIVITIES

Nothing in this policy shall prevent the school system from offering instructional activities using objects other than firearms that are generally considered weapons (e.g., bows and arrows) or from allowing an object generally considered a weapon to be brought to school for supervised instructional activities (e.g., archery, boat building) approved by the Board so long as the Board has adopted appropriate safeguards to ensure student and staff safety.  

Any proposal to introduce an instructional activity involving such objects must be submitted in writing to the Superintendent, who may [OR: will] make a recommendation to the Board. Such proposal must state the objectives of the activity and describe the safeguards that will be put in place to ensure student and staff safety. 

No weapons or objects that are generally considered weapons may be used in instructional activities or brought to school for instructional activities unless the Superintendent/designee has given specific permission in advance. 

IV. DISCIPLINARY ACTION 

Principals may engage students in restorative intervention and/or discipline students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws. Conduct which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA § 1001(9 and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing, and trafficking of scheduled drugs.

A student who is determined to have brought a firearm to school or to have possessed a firearm at school shall be expelled for a period of not less than one year, except that this requirement may be modified by the Superintendent on a case-by-case basis in writing. 

All firearms violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent. 

Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF - Disciplinary Removal of Students with Disabilities.

V. PSYCHOLOGICAL EVALUATION/RISK ASSESSMENT

The Superintendent is authorized to request a psychological evaluation of a student who violates this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school or return to school after a suspension or expulsion.

All such evaluations shall be performed at the school unit's expense.  If the parents/guardians and/or student refuse to permit a requested psychological evaluation, Superintendent and the Board may draw any reasonable inferences from the student's behavior concerning the risk the student poses to school safety for the purposes of determining appropriate action.

VI. NOTIFICATION TEAM/CONFIDENTIALITY

Maine law authorizes law enforcement officers and criminal justice agencies to share with a superintendent or principal information pertaining to a juvenile when the information is credible and indicates an imminent danger to the safety of students or school personnel on school grounds or at a school function. Maine law requires the District Attorney to notify the superintendent when a juvenile is charged with use or threatened use of force or is adjudicated as having committed one or more juvenile crimes that involve the use or threatened use of force.   

Within ten business days or immediately if necessary for school safety, the Superintendent shall convene a notification team.  The notification team must include the administrator/designee of the school building where the student attends, at least one classroom teacher to whom the student is assigned, a school counselor, and the student’s parent/guardian. The notification team shall determine on this basis of need which school employees are entitled to receive information concerning allegations or adjudications of use or threatened use of force. Information received by the Superintendent/designee and disclosed to the notification team and/or disclosed to school employees is confidential and may not become part of the student’s educational record. 

The Superintendent shall ensure that confidentiality training is provided to all school employees who have access to this information.

 

5 MRSA § 4681 et seq.

15 M.R.S.A. §§ 3301-A; 3308(7)(E); 3009

17-A MRSA §§ 2(9); 2(12-A)

20 USCA § 7151 (Gun-Free School Zones Act of 1990)

20 USC § 7961 (Gun-Free Schools Act)

20-A MRSA §§ 1001(9); 1001(9-A); 1055(11); 6552

 

Cross References: 

ACAA - Harassment and Sexual Harassment of Students

ADC - Tobacco Use and Possession

EBCA - Comprehensive Emergency Plan

JIC – Student Code of Conduct

JICH - Drug and Alcohol Use by Students

JK - Student Discipline

JKD - Suspension of Students

JKE - Expulsion of Students

JKF - Suspension/Expulsion of Students with Disabilities

JIH - Questioning and Searches of Students

KLG - Relations with Law Enforcement Authorities



Policy Adopted: July 30, 1996

Policy Revised: November 20, 2002; October 15, 2014; May 20, 2015;  December 2, 2020; November 16, 2022; January 17, 2024

JICIA-E1 - Report of Dangerous Behavior by Student

MSAD #35

JICIA-E1 - Report of Dangerous Behavior by Student

1.          Name of Reporter: _________________________________  Date of Report: __________

Please note: This form must be completed by a person with first-hand knowledge of the dangerous behavior, or by a person assisting the person with first-hand knowledge of the dangerous behavior.

a. Please check the appropriate line:  _______Staff member  ___________Student

__________ Other role (please specify):_________________________________

2.          If the person filling out this form is assisting someone who has first-hand knowledge, please provide the name of the               person with first-hand knowledge:

            ________________________________________________________________

a. Please check the appropriate line:  _______Staff member   ___________Student

          __________ Other role (please specify):_________________________________

3.         Information About the Incident

a. Date and time it occurred: ____________________________________________

b. Location (be specific): ________________________________________________

c.  Brief description of dangerous behavior by student (included who was directly subjected to the behavior, any injuries or property damage): ___________________________________

_____________________________________________________________________________

______________________________________________________________________________

 _____________________________________________________________________________

4.          Contact information for follow-up (telephone and email): ______________________________

PLEASE FOLD THIS REPORT, STAPLE OR TAPE IT CLOSED FOR SECURITY, AND DELIVER TO THE BUILDING PRINCIPAL.  YOU WILL BE CONTACTED AFTER THE REPORT HAS BEEN ASSESSED.  THANK YOU.
__________________________________________________________________________________________________
For administrative use

Date the report was received in principal’s office: ___________________________________________

Policy Form Adopted:  November 16, 2022

Policy Form Reviewed:  December 20, 2023

JICIA-R - Procedure Addressing Reports of Dangerous Student

JICIA-R - Procedure Addressing Reports of Dangerous Student  

This procedure describes the process to address reported incidents of dangerous behavior by students on school grounds, or at school activities, in accordance with 20-A M.R.S.A. § 6555.  

For the purpose of this procedure, “dangerous behavior” means student behavior directed at another student, at staff, or at other persons on school grounds or at school activities when the behavior harms or presents a risk of harm to the other person.

For the purpose of this procedure, “assigned public school employee” means a public school employee chosen by the local president of the bargaining unit of the staff member allegedly subjected to the dangerous behavior.

Step One:  All reports of dangerous behaviors addressed by this procedure must be set forth in writing on the attached form. The person completing the report must either have firsthand knowledge of the incident or be assisting a person with firsthand knowledge of the incident.  In no event shall anonymous reports be addressed through this process.

Step Two: The building principal shall make an initial determination of whether the alleged victim is a school staff member, a student, or some other person.  If a report alleges dangerous behavior by a student against another student or person other than a staff member, the matter will be addressed in accordance with the applicable policy or procedure for allegations of that nature.   

Step Three: If it is determined that the report is credible and should be addressed under this procedure, the building principal shall contact the local president of the bargaining unit for the staff member allegedly harmed or threatened by the student behavior, but shall not disclose personally identifiable information about the student.  The local president shall appoint a public school employee to review the reported incident with the building principal.  The assigned public school employee may not be the staff member who is the subject of the report.  

Step Four: The building principal shall meet with the assigned public school employee to review the written report of the alleged dangerous behavior and to discuss possible avenues to be pursued by the building principal investigating the report.   This review shall not include consideration of the student’s educational record.  If any personally identifiable information about the student must be disclosed to the assigned public school employee, the employee must keep that information confidential.  

Step Five: The building principal shall undertake an investigation, as he/she deems appropriate in light of applicable law and policies, of the alleged dangerous behavior, which shall include interviewing the staff member subjected to the behavior being investigated, interviewing the student involved, and considering any other evidence relevant to the allegation.

Step Six: Following the investigation into the incident by the building principal or designee, the building principal or designee shall meet with the assigned public school employee to review the findings.  If any personally identifiable information about the student must be disclosed to the assigned public school employee, the employee must keep that information confidential.  

Step Seven: After the investigation, if the building principal determines that the alleged dangerous behavior did not occur, or did not constitute “dangerous behavior” as defined by this procedure, she or he shall notify in writing both the staff member who was the subject of the report and the assigned public school employee that the report was not substantiated.  If further action regarding the behavior at issue is otherwise warranted, the building principal will determine the appropriate steps to follow under applicable rules or procedures.

Step Eight: If the building principal determines that the student engaged in dangerous behavior covered by this procedure, the building principal shall develop an individualized response plan intended to avoid future dangerous behavior by the student.  The building principal shall consult with the staff member who was subjected to the dangerous behavior for his or her input and opinion on what should be included in the individualized response plan.  The building principal makes the final determination on the content of that plan.  

An individualized response plan may include, but is not limited to, the following:

           i.    Appropriate discipline consistent with the school code of conduct, with consideration of interventions                    that could minimize the necessity of suspension and/or expulsion;         
           ii.    Providing counseling and guidance services;
          iii.    Use of positive behavioral interventions designed to address the consequences of possible trauma                         and supports and training for students and staff members;
          iv.    Restorative practices;
           v.    Training for employees who interact with the student; and
          vi.    Providing adequate staffing and professional development necessary to implement the plan.

If the dangerous behavior was committed by a student with a disability, or a student in a disability referral process, the building principal must consult with the Director of Special Education to ensure that the individualized response plan does not in any manner violate state and federal special education or other disability laws and is fully consistent with the student’s IEP, 504 plan, and/or educational placement.  The building principal and the Director of Special Education may also determine whether the dangerous behavior should be referred to the student’s IEP or 504 team.

Step Nine: Upon completion of the individualized response plan, the building principal shall notify in writing the staff member who was subject to the dangerous behavior that the behavior was substantiated and that an individualized response plan has been developed for the student in question.  Details of the individualized response plan may be shared with the staff member to the extent that the staff member is affected by its terms.  


Source:  20-A M.R.S.A. § 6555

Policy adopted:   November 16, 2022

Policy Reviewed:  December 20, 2023

JICK - Bullying


JICK - Bullying

The Board believes that bullying, including cyberbullying, is detrimental to student well-being and to student learning and achievement. It interferes with the mission of the schools to educate their students and disrupts the operations of the schools.  Bullying affects not only students who are targets but also those who participate in and witness such behavior.

Bullying Prohibited

Bullying, including “cyberbullying”, harassment and sexual harassment are not acceptable conduct in MSAD #35 and are prohibited.

Retaliation for the reporting of incidents of such behavior is also prohibited.

In adopting this policy, it is not the Board’s intent to prohibit students from expressing their ideas, including religious, political and philosophical views that may offend the sensibilities of others, or from engaging in civil debate. However, the Board does not condone and will take action in response to conduct that directly interferes with students’ rights at school under applicable laws or with the educational mission, operations, discipline or general welfare of the schools.

Definition of Bullying

 “Bullying” and “cyberbullying” have the same meaning in this policy as in Maine law:

Bullying                

 “Bullying” includes, but is not limited to a written, oral, or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that: 

A.  Has, or a reasonable person would expect it to have, the effect of: 

      1. Physically harming a student or damaging a student’s property; or

      2. Placing a student in reasonable fear of physical harm or damage to his/her property;

B.  Interferes with the rights of a student by:

      1. Creating an intimidating or hostile educational environment for the student; or

      2. Interfering with the student’s academic performance or ability to participate in or benefit from the services, activities, or privileges provided by the school; or 

C.  Is based on:

      1. A student’s actual or perceived characteristics identified in 5 MRSA § 4602 or 4684-A (including race; color; ancestry; national origin; sex; sexual orientation; gender identity or expression; religion; physical or mental disability) or other distinguishing personal characteristics (such as socioeconomic status; age; physical appearance; weight; or family status); or

      2. A student’s association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics; and that has the effect described in subparagraph A. or B. above.

Under Maine law:

“Sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.

“Gender identity” means gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.

Cyberbullying

“Cyberbullying” means bullying through the use of technology or any electronic communication, including but not limited to, a transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted by the use of any electronic device including, but not limited to, a computer, telephone, cellular telephone, text messaging device or personal digital assistant.

Retaliation

Retaliation means an act or gesture against a student for asserting or alleging an act of bullying. Retaliation also includes reporting that is not made in good faith on an act of bullying.

Application of Policy

This policy applies to bullying that:

  1. Takes place at school or on school grounds, at any school-sponsored or school-related activity or event or while students are being transported to or from school or school-sponsored activities or events; or

  2. Takes place elsewhere or through the use of technology, but only if the bullying also infringes on the rights of the student at school as set forth in the definition of “bullying.”

Consequences for Policy Violations

Students

Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion or a series of graduated consequences including alternative discipline or other behavioral interventions.

The Board retains the right to impose disciplinary consequences for bullying and other conduct that occurs at any time or place that substantially disrupts the instructional program, operations of the schools or welfare of students.

Any student violating this policy may also be subject to civil or criminal penalties.

School Employees and Others

Administrators, professional staff and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal, and in accordance with any applicable collective bargaining agreements.

Volunteers, contractors and visitors who violate this policy will be excluded from school property until the Superintendent is satisfied that the person will comply with Maine’s bullying law and this policy.

Any person violating this policy may also be subject to civil or criminal penalties.

Any school-affiliated organization that authorizes or engages in bullying or retaliation is subject to forfeiture of Board approval/sanctioning and/or suspension or revocation of its permission to operate on school grounds.

Staff Training

MSAD #35 will provide professional development and staff training in bullying prevention and response.

Delegation of Responsibility

The Superintendent/designee will be responsible for developing and implementing procedures in accordance with applicable law to implement this policy.

The Superintendent will designate the school principal and/or other school personnel to be responsible for implementation/enforcement of this policy and associated procedures on the school level. 

A student or his/her parent/guardian who is dissatisfied with a decision of the Superintendent/designee related to the taking or not taking of disciplinary action in the course of implementing this policy may appeal, in writing, to the Superintendent within 14 calendar days of notice of the decision.

The Superintendent’s decision shall be final.

Dissemination of Policy

The Superintendent will be responsible for providing this policy, any associated administrative procedures, and the names of the person(s) responsible for implementing the policy/procedure at the school level, in writing to students, parents, school employees, and volunteers in handbooks, on the school unit’s website and by such other means (if any) as may be determined by the Superintendent.

20-A M.R.S.A. § 1001(15), 6554

                      

Cross References: 

AC - Nondiscrimination, Equal Opportunity

ACAA-R - Harassment and Sexual Harassment of Students Procedure

ACAB – Harassment and Sexual Harassment of School Employees and Procedure

ACAB-R - Employee & Third Party Unlawful Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedure  

ACAD – Hazing

AD – Educational Philosophy/Mission

ADAA – School System Commitment to Standards for Ethical and Responsible Behavior

ADF - School District Commitment to Learning Results

CHCAA - Student Handbooks

GCI – Professional Staff Development

IJNDB-R - Student Computer and Internet Use and Internet Safety

JI - Student Rights and Responsibilities

JIC - Student Code of Conduct

JICC - Student Conduct on Buses

JICIA- Weapons, Violence and School Safety                                          

JK - Student Discipline

JKD - Suspension of Students

JKE - Expulsion of Students

KLG - Relations with Law Enforcement Authorities

KE – Public Concerns

Policy Adopted: November 1, 2006

Policy Revised: May 15, 2013; March 01, 2017; January 20, 2021; June 21, 2023

JICK-E1 - Bullying Report Form

JICK-E1 - MSAD # 35 - Bullying Report Form

Date the alleged bullying incident(s) is reported:  

Name of complainant/reporter (by law, reports may be anonymous): __________________________________________________________________________ 

Status of reporter:  Student    Parent    School (employee/coach/advisor)    Other
__________________________________________________________________________

Contact information for reporter (if reporter is student, contact information for parent/guardian):

Phone: _________________ Cell phone: __________Email: ____________ 

Address: ___________________________________________________________________

Name of alleged target(s): _____________________________________________________ 

Name of alleged bully(ies): _____________________________________________________

Relationship between alleged target/bully(ies): _____________________________________

Date(s), time(s) and location(s) of alleged incident(s): _______________________________

Names of witnesses: __________________________________________________________

Description of incident(s), including any supporting documentation (use additional pages if more space is needed):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I agree that the information on this form is accurate and true to the best of my knowledge and belief.

______________________________________________  Date: _____________

Signature of complainant/reporter                                                   


Received by: ___________________________________ Date: _____________

Position/title: ___________________________________


Copy to building principal: Date: ___________________________________     

Copy to Superintendent: Date: _____________________________________


Cross Reference: ACAA-R – Student Harassment and Sexual Harassment Procedure

JICK – Bullying

JICK-R - Bullying-Administrative Procedure

JRA-R – Student Education Records and Student Information

 

Policy Adopted: November 1, 2006

Policy Revised: May 15, 2013, March 01, 2017

Policy/Exhibit Reviewed: January 20, 2021

JICK-E2 - Bullying Investigation And Response Form

JICK-E2 - MSAD #35 - Bullying Investigation And Response Form

Date the alleged incident of bullying was reported: ____________________________

Name of person investigating alleged incident(s): _____________________________

Position/title of investigator: ______________________________________________

Name of person reporting bullying incident(s): _______________________________

Person reporting is (circle one) Student          Parent          School Employee          Coach/advisor          Volunteer

Other ________________________________________________________

Name(s) of alleged target: _________________________________________________

Name(s) of alleged bully (bullies): __________________________________________

Name(s) of potential witnesses: _____________________________________________ 

Where did the alleged incident(s) occur (check one or more):

        _____ on school property

        _____ on school bus

        _____ at a school sponsored activity

        _____ through use of technology      ___ at school ___ off-campus

        _____ elsewhere (be specific)

Time and location(s) of incident(s):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Does targeted student have an IEP?  ____ Yes ____ No (If yes, refer to plan.)

Does targeted student have a 504 plan?  ____ Yes ____ No (If yes, refer to plan.)

Is the targeted student in the referral process for either?  ____ Yes ____ No

(If yes, specify) _________________

If the targeted student receives special services, when were Special Services Director and/or 504 Coordinator notified of the incident:

Person notified:  __________________________ Date: ____________________

Does alleged bully have an IEP?  ____ Yes ____ No (If yes, refer to plan.) 

Does alleged bully have a 504 plan?  ____ Yes ____ No (If yes, refer to plan.)

Is the alleged bully in the referral process for either?  ____ Yes ____ No

(If yes, specify) _________________

If the alleged bully receives special services, when were Special Services Director and/or 504 Coordinator notified of the incident:

Person notified: _____________________________________ Date: ___________________

Do school unit’s records show prior reports of alleged or substantiated incidents of bullying involving the alleged target or alleged bully?  If so, describe incident and outcome(s):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Meeting/interview of student who believes he/she has been bullied, description of alleged incident(s) (dates and details):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Communications with parents(s) of student who believes he/she has been bullied date(s) and details): 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Meeting/interview of alleged bully (bullies) (dates and details):

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 

Communications with parent(s) of alleged bully (bullies) (dates and details):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Meeting/interview of persons identified as witnesses (dates and summary of information provided):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Further evidence of bullying examined (videos, photos, email, letters, etc.):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Measures taken pending conclusion of the investigation to ensure the safety of the student who believes he/she has been bullied:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Safety measures communicated to parents of student who believes he/she has been bullied (date and details):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Is the alleged bullying substantiated, i.e., does the alleged conduct meet the definition of bullying as articulated in Board policy?  ____Yes ____No

Nature of harm incurred:

        ____Physical harm to student or damage to student’s property

        ____Student’s reasonable fear of physical harm or damage to property

        ____Hostile educational environment

        ____Infringement of student’s rights at school

Conduct resulting in harm (in item above) is on the basis of:

        ____National origin/ancestry/ethnicity

        ____Religion

        ____Physical, mental, emotional or learning disability

        ____Sex

        ____Sexual orientation

        ____Gender/gender identity/expression

        ____Age

        ____Socioeconomic status

        ____Family status

        ____Physical appearance

        ____Weight

        ____Other distinguishing personal characteristics

        ____Other (explain) _______________________

Summary of investigation/Explanation of findings: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Disciplinary action - alternative discipline: ___________________________________

Disciplinary action – suspension (in-school, out-of-school): ______________________

Expulsion (recommended for expulsion): _____________________________________

Recommendations for support services:     

Counseling/referral to services (targeted student): _______________________________

Counseling/referral to services (bully): _____________________­­­­­_____________­­______

Recommendation to report to law enforcement?  ____ Yes ____ No

____ Potential criminal violation         ____ Potential civil rights violation

Recommendations in other substantiated bullying situations: 

If bully is school employee or administrator, recommendation for action to be taken by Superintendent (any action must be consistent with collective bargaining agreement or individual contract):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If bullying is by another adult person associated with the school (e.g., volunteer, visitor, or contractor):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If bullying involves a school-affiliated organization: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Signature of investigator: _________________________________________________

If investigator is not building principal, copy to principal on [date]                

Copy to Superintendent on [date]

ACTIONS TAKEN BY PRINCIPAL

The student received/will receive the following discipline actions (consequences):

_____ Alternative Discipline

_____ Detention

_____ Weekend Detention

_____ In-school suspension

_____ Out-of-school suspension

_____ Expulsion/Recommended for expulsion

Alternative discipline imposed for this student (if applicable):

_____ Meeting with the student and the student's parent(s) or guardian(s)

_____ Reflective activities, such as requiring the student to write an essay about the student's misbehavior

_____ Mediation, but only when there is mutual conflict between peers, rather than one-way negative behavior, and both parties voluntarily choose this option

_____ Counseling

_____ Anger management

_____ Health counseling or intervention

_____ Mental health counseling

_____ Participation in skills building and resolution activities, such as social/ emotional/ cognitive skills building, resolution circles and restorative conferencing

_____ Community service

Referral to law enforcement?  ____ Yes ____ No

Written notice has been provided to parent(s)/guardian(s) of the student who has been found to have engaged in bullying, including the process for appeal.

Notification sent by principal: [Date]

Copy to Superintendent: [Date]


APPEAL OF PRINCIPAL’S DECISION

Date appeal submitted: ________________________________________________________

All appeals to the Superintendent must be submitted, in writing, to the Central Office within 14 calendar days of the building principal’s decision. The Superintendent’s decision shall be final.

Superintendent’s decision: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date parent(s)/guardian(s) notified of Superintendent’s decision: ______________________  

ACTIONS TAKEN BY THE SUPERINTENDENT

____Recommendation to Board for student expulsion

____Action on student/parent appeal of principal’s decision ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

____Action taken against employee: (If confidential employment action, in personnel file) ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

____Recommendation to Board for suspension/revocation of sanctioning/approval of school-affiliated organization

____Other:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

      


Cross Reference: ACAA-R – Student Harassment and Sexual Harassment Procedure

JICK – Bullying

JICK-R - Bullying-Administrative Procedure

JRA-R – Student Education Records and Student Information

 

Policy Adopted: November 1, 2006 

Policy Revised: May 15, 2013, March 01, 2017

Policy/Exhibit Reviewed January 20, 2021

JICK-E3 - Bullying: Summary of Disciplinary and Remedial Actions

JICK-E3 - Bullying: Summary of Disciplinary and Remedial Actions 

This page is for use when a substantiated incident of bullying is entered into the Report of Substantiated Incident of Bullying in the Maine Department of Education’s NEO data reporting system. It is aligned with the NEO data categories. 

This documentation is in reference to the alleged incident of bullying reported on:

[Date of incident]

Name of student who was found to have bullied _______________ (name is for tracking in school unit files only; do not report name of student or any personally identifying information to the Maine Department of Education) 

Delineate the specific nature(s) of the incident:

_____ Cyberbullying

_____ Electronic expression

_____ Physical act or gesture

_____ Retaliation

_____ Verbal/Oral

_____ Written

Alternative discipline imposed for this student (actions taken):

_____ Meeting with the student and the student's parent(s) or guardian(s)

_____ Reflective activities, such as requiring the student to write an essay about the student's misbehavior

_____ Mediation, but only when there is mutual conflict between peers, rather than one-way negative behavior, and both parties voluntarily choose this option

_____ Counseling

_____ Anger management

_____ Health counseling or intervention

_____ Mental health counseling

_____ Participation in skills building and resolution activities, such as social/ emotional/ cognitive skills building, resolution circles and restorative conferencing

_____ Community service

The student received/will receive the following discipline actions (consequences):

_____ Alternative Discipline

_____ Detention

_____ Weekend Detention

_____ In-school suspension

_____ Out-of-school suspension

_____ Expulsion/Recommended for expulsion

The following serves as a record that a report of substantiated bullying has been submitted to the Maine Department of Education. 

___________________________________________             Date: _____________

Signature and position of person completing this form


Data reported to Maine DOE (NEO) on [Date] by _________________________________

Signature, Position of Reporter                           

                                                                   

Copy to building principal on [Date] 

Copy to Superintendent on [Date]



Cross Reference: ACAA-R – Student Harassment and Sexual Harassment Procedure

JICK – Bullying

JICK-R - Bullying-Administrative Procedure

JRA-R – Student Education Records and Student Information

 

Policy Adopted: November 1, 2006

Policy Revised: May 15, 2013, March 01, 2017

Policy/Exhibit Reviewed: January 20, 2021

JICK-E4 - Bullying Reporting, Investigation and Intervention/Resolution Process

JICK-E4 - MSAD #35 Bullying Reporting, Investigation and Intervention/Resolution Process

image-1647873057767.png

Printable PDF version availible linked below!

--------> Bullying Reporting, Investigation and Intervention_Resolution Process - JICK-E4.pdf

JICK-E4 - FlowChart-Bullying Reporting, Investigation and Intervention/Resolution Process

image-1648473458739.17.01 AM.png

Printable PDF of MSAD #35 BULLYING REPORTING, INVESTIGATION AND INTERVENTION/RESOLUTION PROCESS JICK-E4 in link below!

-------> JICK-E4-FlowChart-2013-05-15.pdf

JICK-R - Bullying - Administrative Procedure

JICK-R - Bullying - Administrative Procedure

This procedure is intended as guidance for school administrators in carrying out their responsibilities when bullying is alleged to have occurred. It provides important definitions as well as steps for reporting, investigating and responding to allegations of bullying. 

Bullying behavior alleged to be based on race, color, ancestry, national origin, sex, sexual orientation, gender identity or expression, religion or disability should be addressed under the procedures set forth in the Student Harassment and Sexual Harassment procedure, ACAA-R, rather than under this procedure.

Bullying Reports

Students and Parents/Guardians

Students who believe they have been bullied, or who have witnessed or learned about an act of bullying should report this behavior to the building principal or as designated by the Superintendent to receive reports at the school level, e.g., Assistant Principal, guidance counselor or affirmative action/Title IX coordinator.

Parents/guardians may report bullying on behalf of their children or when they have witnessed or are aware of the occurrence of bullying.

Reports of bullying may be made anonymously, but no disciplinary action shall be taken against a student solely on the basis of an anonymous report.

Any student who has been determined to have made a false report of bullying will be subject to disciplinary consequences.

School Employees

For the purposes of this procedure, “school employees” includes coaches, advisors for cocurricular or extracurricular activities and volunteers.  

All school employees are expected to intervene when they see acts of bullying in progress and are required to report incidents of bullying they have witnessed or become aware of to the building principal or as designated by the Superintendent to receive reports at the school level, e.g., Assistant Principal, guidance counselor or affirmative action/Title IX coordinator as soon as practicable. 

School employees who fail to report bullying or who have made a false report of bullying will be subject to disciplinary consequences up to and including termination, in accordance with any applicable collective bargaining agreement.

Others 

Contractors, service providers, visitors or community members who have witnessed or become aware of bullying are encouraged to report such incidents to the building principal or as designated by the Superintendent to receive reports at the school level, e.g., Assistant Principal, guidance counselor or affirmative action/Title IX coordinator.

Form of Reports

Complaints or reports of bullying may be made orally or in writing, but all reports will be recorded in writing by school personnel authorized to receive complaints or reports, using the school unit’s reporting form (JICK-E1). 

School employees are required to make reports of bullying to the principal or as designated by the Superintendent to receive reports at the school level, e.g., Assistant Principal, guidance counselor or affirmative action/Title IX coordinator in writing.  Although students, parents and others, as identified above, may make bullying reports anonymously, all persons reporting incidents of bullying are encouraged to identify themselves.

Bullying reports may be made anonymously, but in no instance will action be taken against any person or organization affiliated with the schools solely on the basis of an anonymous report.

The building principal will forward a copy of the report to the Superintendent by the end of the next school day.

Interim Safety Measures

The building principal may take such interim measures as he/she deems appropriate to ensure the safety of the targeted student and prevent further bullying and will inform the parents of the targeted student of measures taken.

Investigation

The principal or as designated by the Superintendent to receive reports at the school level, e.g., Assistant Principal, guidance counselor or affirmative action/Title IX coordinator will ensure that all reports of bullying and retaliation are investigated promptly and that documentation of the investigation, including the substance of the complaint or report and the outcome of the investigation is prepared and forwarded to the Superintendent within a reasonable period of time.

The determination of whether particular conduct constitutes bullying requires reasonable consideration of the circumstances, which include the frequency of the behavior at issue, the location in which the behavior occurs, the ages and maturity of the students involved, the activity or context in which the conduct occurs, and the nature and severity of the conduct.

Response to Bullying by Students

If bullying has been substantiated, the building principal or designee as appropriate under the circumstances will determine the appropriate disciplinary consequences, which may include detention, suspension or expulsion; alternative discipline; remediation; and/or other intervention.

Alternative discipline includes but is not limited to:

A.    Meeting with the student and the student’s parents;

B.    Reflective activities, such as requiring the student to write an essay about the student’s misbehavior;

C.    Mediation when there is mutual conflict between peers, rather than one-way negative behavior, and when both parties freely choose to meet;

D.    Counseling;

E.    Anger management; 

F.     Health counseling or intervention;

G.    Mental health counseling;

H.    Participation in skills building and resolution activities, such as social-emotional cognitive skills building, resolution circles and restorative conferencing; 

I.     Community service; and

J.    In-school detention or suspension, which may take place during lunchtime, after school or on weekends.

In order to remediate any substantiated incident of bullying to counter the negative impact of the bullying and reduce the risk of future bullying incidents, the principal or as designated by the Superintendent to receive reports at the school level, e.g., Assistant Principal, guidance counselor or affirmative action/Title IX coordinator may refer the targeted student/victim, perpetrator or other involved persons to counseling of other appropriate services.

If the bullying behavior appears to be a criminal violation, the building principal will notify local law enforcement authorities.

If bullying has been substantiated, the building principal will provide written notification to:

A.    The parents/guardians of the targeted student, including the measures being taken to ensure the student’s safety; and to

B.    The parents/guardians of the student found to have engaged in bullying, including the process for appeal.

All communications to parents must respect the confidentiality of student and employee information as provided by federal and Maine law and regulations.

Appeals

Any appeal of the building principal’s decisions in regard to consequences for bullying must be submitted, in writing, within 14 calendar days of the parental notification. The Superintendent will review the investigation report and actions taken and decide whether to sustain or deny the appeal. The Superintendent’s decision shall be final.

 


Cross Reference: ACAA-R – Student Harassment and Sexual Harassment Procedure

JICK – Bullying

JRA-R – Student Education Records and Student Information


Policy Adopted: November 1, 2006

Policy Revised: May 15, 2013, March 1, 2017, January 20, 2021

JIH - Questioning and Searches of Students

JIH - Questioning and Searches of Students

The School Board seeks to maintain a safe and orderly environment in the schools. School administrators are authorized to question and/or search students in accordance with this policy and accompanying administrative procedures.

Students may not bring, possess or store at school any items or substances which are prohibited by law, Board policies and/or school rules, or which interfere with the operations, discipline or general welfare of the school. 

Student use of all school storage facilities, including but not limited to lockers, desks, and parking lots, is a privilege granted by the school. All storage facilities are school property and remain under the control, custody and supervision of the school.  Students have no expectation of privacy in school storage facilities or for any items placed in such storage facilities. School administrators have the authority to inspect and search storage facilities and their contents on a random basis, with or without reasonable suspicion, and without notice or consent. 

If a search produces evidence that a student has violated or is violating the law, Board policies and/or school rules, such evidence may be seized and impounded by school administrators and appropriate disciplinary action may be taken. Evidence may be forwarded to law enforcement authorities as required by law or as deemed appropriate by school administrators. 

School staff, students and parents shall be informed of this policy on an annual basis through handbooks and/or other means selected by school administrators. 

The Superintendent is authorized to develop and implement, with input from legal counsel, administrators, staff and others as appropriate, any administrative procedures necessary to carry out this policy. Such administrative procedures shall be subject to Board approval.



Cross References: JIH-R – Questioning and Searches of Students - Administrative Procedure

JICIA – Weapons, Violence and School Safety

JK – Student Discipline

KLG - Relations with Law Enforcement Authorities

 

Policy Adopted: November 17, 2004

JIH-E - Student Search Checklist

JIH-E - Student Search Checklist

This checklist is to be completed for each individualized student search incident as soon as possible after the search. 

Name/Title of Person Performing Search and Completing Form: 

______________________________________________________________________

Date: ______________________

1.     Who was searched? _____________________________________________________ 

2.     Date, time and location of search __________________________________________

3.     What factors caused you to have a reasonable suspicion that a search of this student or the student’s possessions would provide evidence that the student has violated or is violating the law, Board policies or school rules?

        ____________________________________________________________________

        ____________________________________________________________________

        ____________________________________________________________________

        ____________________________________________________________________

        ____________________________________________________________________

        ____________________________________________________________________ 

4.     Was student’s consent requested? _________  Given? _______________________

        [Consent is not required for search to be conducted] 

5.     What was searched (i.e., person, personal belongings, storage facilities)?

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6.     Witness(es) to search _________________________________________________

        ____________________________________________________________________

7.     What did the search yield? _____________________________________________

        A. What evidence was seized? __________________________________________

        B. Was receipt issued for seized items?  _________________________________

8.     Were police notified? __________________________________________________

9.     Was any evidence released to police? ___________________________________

        A. Who witnessed the search?  _______________________________________

10.   Were parents notified of the search, including the reasons and the scope?

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

        A.    If yes, how were they notified? __________________________________

        B.    If no, why not? ________________________________________________

11.   Other relevant facts (if any) ____________________________________________

        __________________________________________________________________

        __________________________________________________________________

        __________________________________________________________________

Signature of Person Performing Search and Completing Form:

__________________________________________________                                                                                 


JIH-R - Questioning and Searches of Students Administrative Procedure

JIH-R - Questioning and Searches of Students Administrative Procedure

The purpose of this administrative procedure is to provide guidelines for the conduct of student questioning and searches by school administrators. These are guidelines only and may be adjusted within reasonable and lawful limits on a case-by-case basis. 

A. Questioning by School Administrators

  1. School administrators are under no obligation to notify a student’s parents/guardians prior to questioning a student regarding alleged violations of Board policies, school rules and/or federal/state laws. If law enforcement officers are involved, refer to policy KLG – Relations with Law Enforcement Authorities.
  2. School administrators shall inform the student of the reasons for the questioning and provide an opportunity for the student to respond to any allegations. School administrators shall make a reasonable effort to question the student in a location out of the sight and hearing of other students.
  3. If a student fails to cooperate, lies, misleads or threatens any person during questioning, he/she may be subject to additional disciplinary action. 

B. Searches of Students and/or Personal Property in Students’ Immediate Possession                   

  1. School administrators are authorized to search students and/or personal property in the students’ immediate possession when, in their judgment, there are reasonable grounds to suspect that a student has violated or is violating the Board policies, school rules and/or federal/state laws. 
  2. All searches of students and/or personal property shall be authorized and conducted by a school administrator in the presence of a witness, except where the circumstances render the presence of a witness impractical.
  3. Searches should be reasonably related to the suspected violation and no more intrusive than necessary to discover the evidence for which the search was instigated. Searches may include the student’s outer clothing (e.g., pockets, jacket, shoes, hat) and personal belongings (e.g., purse, backpack, gym bag, lunch bag). If the search discloses evidence, a broader search may be justified.
  4. Searches which disclose evidence that a student has violated Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
  5. School administrators are required to document all searches and items seized/impounded on the Student Search Form or by another reasonable method.

C. Searches of Lockers, Desks and Other School Facilities 

  1. School staff, students and parents shall be informed of this policy/procedure on an annual basis.
  2. School administrators shall consult with the Superintendent prior to conducting random searches.
  3. Searches of individual student lockers, desks or other storage facilities and their contents based upon reasonable suspicion will be conducted in the presence of the student and a witness, if practical under the circumstances of the search.
  4. Searches which disclose evidence that a student has violated Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
  5. School administrators are required to document all searches and items seized/impounded on the Student Search Form or by another reasonable method.

D. Patrolling of Parking Lots 

  1. Students may drive vehicles to school and park in designated areas in accordance with school rules. School administrators retain the authority to patrol parking lots.
  2. If school administrators have a reasonable suspicion that a vehicle which a student has parked at school contains evidence that the student has or is violating a federal/state law and/or there is a substantial threat to the welfare and safety of the schools, law enforcement authorities will be requested to render assistance in accordance with Board policy KLG – Relations with Law Enforcement Authorities.

E. Involvement of Law Enforcement Authorities

  1. School authorities have the discretion to request the assistance of law enforcement authorities in accordance with Board policy.

 

Cross References: JIH-E – Student Search Checklist

KLG – Relations with Law Enforcement Authorities

 

Policy Adopted: November 17, 2004

JJC - Student Performances

JJC - Student Performances

Some courses or components within the District’s Visual and Performing Arts curriculum include performance requirements that students must complete in order to earn credit or points toward passing the course. 

Some of these required performances may be scheduled outside of the instructional day or on days that school is not in session. 

Students may be excused from participation only for the reasons for excusable absences specified in Maine law and in Board policy.

Students and parents will be informed of any performance requirements through course descriptions, student handbooks and other methods deemed appropriate by the building principal. Students will also be informed of the weight of the performance in determining the grade for the course.

Performances by Students in Extracurricular Activities

Extracurricular activities (i.e., those that are not components of the curriculum or offered for credit within the course of studies, and in which student participation is voluntary) may involve performances (e.g., a school-sponsored drama club may give performances to support their activities).  Extracurricular activity groups may accept invitations to perform for civic, patriotic or educational organizations provided: 1) there are enough students committed to the performance to enable it to be effective and to reflect positively on the students, the activity, and the schools; 2) the club or activity advisor and building principal agree that the venue is an appropriate one in which students may perform; 3) the performance does not conflict with the school day; 4) there is adequate adult supervision; and 5) transportation is available.  No performance will be scheduled without the Principal’s approval.

Invitations or requests for student performances by extracurricular groups will be considered only if received at least 30 days in advance.



Cross Referenced: IJOA - Field Trips and Excursions

JEA - Compulsory Attendance


Policy Adopted: April 22, 1970

Policy Revised: May 7, 1980, January 18, 1989, April 7, 1999 and July 19, 2013

JJE - Student Fundraising Activities

JJE - Student Fundraising Activities

The Board recognizes that it is responsible for providing through the budget process the resources necessary to support MSAD #35’s instructional program. However, the Board acknowledges that student organizations may wish to engage in fundraising in order to support their activities, to provide funding for social events and/or student travel, to benefit the school or community, or for humanitarian purposes. 

It is the purpose of this policy to provide guidelines for student participation in fundraising activities.

A. Fundraising Guidelines

The following general guidelines apply to fundraising by student organizations. These guidelines and additional considerations shall apply to student participation in fundraising conducted for other purposes. 

  1. All student fundraising activities must be approved in advance by the building principal. There must be sufficient educational or financial benefits to the school and/or students to justify the fundraising activity.

  2. Student fundraising activities must be supervised by a building administrator, teacher or activity advisor.

  3. The activity must be one in which schools and students may appropriately engage, and must not subject the schools or students to unnecessary risk or responsibility. In the event there is a question regarding the appropriateness of a proposed activity or the proposed fundraising activity is one that is new to the school system, the building principal shall consult with the Superintendent.

  4. Participation by students shall be voluntary. 

  5. The activity must not be unduly demanding of student or staff time or work. Neither students nor staff should miss instructional time to plan or implement fundraising activities, acquire, demonstrate or distribute products, solicit sales, or to collect or record monies. Students may participate in fundraising activities during non-instructional time, such as lunch periods and before and after school.

  6. There shall be no mandatory quotas for product sales or donations.

  7. Class time will not be used for distribution of promotional materials.

  8. Students participating in fundraising activities are expected to conduct themselves in accordance with Board policies, school rules and the student code of conduct.

  9. In the interest of student safety, activities involving door-to-door solicitation by students are prohibited. 

  10. Club and class dues shall be determined by the club or class officers in consultation with the club or activity advisor. The building principal shall have final authority over the setting of club and class dues.

  11. The building administrator and teachers or advisors supervising fundraising activities will be responsible for collecting, monitoring, depositing into and disbursing funds raised in accordance with the Board’s policy DFF, Student Activities Funds Management (or other applicable policy code and title).

B. Solicitation of Funds By and From Students for Humanitarian or Charitable Organizations

Student fundraising may be conducted to benefit humanitarian or charitable organizations or purposes only as follows:

  1. The fundraising activity or charity drive must be sponsored by a recognized school club or student organization and approved in advance by the building principal. 

  2. The activity or drive must be supervised by a building administrator or teacher.

  3. Instructional time should not be used for planning or soliciting funds.

  4. Class time should not be used for distribution of promotional materials.

  5. Participation in or donation to any fundraising activity shall be optional. Under no circumstances will any student be compelled to participate or donate, or be penalized for not participating or donating.

  6. Fundraising activities must be conducted in accordance with the guidelines in Section A of this policy.

  7. The building administrator or teacher charged with supervising the fundraising activity or drive will be responsible for collecting, monitoring and disbursing funds raised. Use of any student activity account must be in accordance with the Board’s policy DFF (or other code), Student Activities Funds Management.

C. Use of Students in PTO/Parent Group Fundraisers

The Board recognizes that PTOs and other parent groups may wish to involve students in fundraising activities. The following provisions apply to student participation in such activities:  

  1. Any fundraising activity sponsored by a PTO or other parent group that involves student participation must be approved in advance by the building principal and be conducted in consultation with the building principal and staff.

  2. Participation should provide a positive experience for students.

  3. Participation by staff and students shall be voluntary.

  4. Instructional time will not be used for fundraising activities or solicitations.

  5. All activities must be conducted in accordance with the fundraising guidelines in Section A of this policy.

D. Coordination of Fundraising Activities

PTOs, boosters and other parent groups are encouraged to coordinate their fundraising activities with student organization-initiated fundraisers in order to avoid burdening local businesses and the community. 

The Board encourages the use of a fundraising calendar at each school to assist in spreading fundraisers over the school year.

 

Cross Reference: 

EFE - Competitive Food Sales

JJIBC - Relations with Booster Groups, PTOs and 501C3 Groups

DFF - Student Activities Funds

 

Policy Adopted: November 20, 1991

Policy Revised: November 3, 1999; June 15, 2005; November 28, 2012; and July 16, 2014; June 24, 2024

JJE-EI - Application For Fundraising at School Events

JJE-EI - MSAD #35 – Application For Fundraising at School Events

Name of Organization: ____________________________________ Date: ____________

Contact Person: __________________________________________ School: ___________

Address: _________________________________________ Phone: ___________________ 

1)     Please describe the fundraising proposal in detail:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2)     Please specify the location and dates of each activity.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3)     Who will be involved?

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4)     How will this benefit students?

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5)     What assistance, if any might be required of the school?

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please check one of the following:

____ This fundraiser is for this year only.

____ This fundraiser will be an annual event. (Requires Board approval)

____ This fundraiser has been previously approved as an annual event.

 

Principal’s Approval: _______________________________________________________

(An annual financial report is attached. Please submit this to the Building Principal by June 30th of the current year.)

JJE-R - Student Fundraising Activities Administrative Procedure

JJE-R - Student Fundraising Activities Administrative Procedure

The purpose of this policy is to set guidelines for student groups that raise funds.

In order to engage in fundraising activities, student groups in M.S.A.D. #35 must:

A. Use the district’s tax-exempt numbers;

B. Receive prior approval from the building principal for all fundraising events/activities to be conducted. The building principal may approve a sequence of fundraising events in one application.

C. Receive prior approval from the Board for all annual fundraising activities that are envisioned to be held annually, to be conducted on or off school grounds. Once the event has been approved by the Board as an annual activity, it will require only an annual approval by the building principal;

D. Submit all fundraising materials (letters to the public, flyers, etc.) to the building principal for approval before distributing such materials;

E. Receive prior approval for expenditures over $500 (for equipment or other items to benefit school programs) from the M.S.A.D. #35 Board of Directors; 

F. Recognize that all equipment/purchases made with funds raised by student groups become the property of M.S.A.D. #35;

G. Additional purchases/donations must be done within M.S.A.D. #35’s established purchasing protocols/procedures.


 

Policy Adopted: July 16, 2014

Policy Revised: June 24, 2024

JJEA - Student Solicitation

JJEA - Student Solicitation

The MSAD #35 Board of Directors recognizes the value of students participating in humanitarian efforts, and wishes to encourage altruistic behavior and generosity in our schools. The Board believes that one of the cornerstones of a good education is learning to contribute meaningfully to society. Therefore, the Board supports students who recognize a humanitarian need and who wish to make a positive donation of time or resources in order to help.

The Board also understands that students have different levels of resources available, and is concerned with protecting students from feeling pressure to contribute to an organization outside our schools. While the Board wishes to encourage service to others, it also wants to be mindful of what each student or family is able to contribute. The Board does not want any student to feel awkward or uncomfortable if he or she does not contribute to a humanitarian effort. It is the intent of the Board to support student responsibility and generosity, while at the same time protect the privacy of all students. 

Therefore, the solicitation of funds in the schools by outside groups is prohibited. Recognized school organizations may sponsor fundraising events for humanitarian agencies provided that:

  1. The project is under full school control;
  2. The project has the approval of the building principal;
  3. The project has been selected by the sponsoring organization as one in which students wish to participate;
  4. Students are made aware that participation is voluntary;
  5. No pressure is extended on students to participate;
  6. Any active solicitation of students will take place outside of instructional time.
  7. The project has a designated collection location approved by the administration.

 



Policy Reviewed: May 17, 1995

Policy Revised: September 7, 2005

Policy Revised: December 21, 2005

JJIA - Eligibility for Participation in Extracurricular and Interscholastic 
Activities at MSAD #35 Schools

JJIA -Eligibility for Participation in Extracurricular and Interscholastic
Activities at MSAD #35 Schools

All high school and middle school students who wish to participate in activities outside of the school day are required to abide by all applicable eligibility rules as defined below.

A. Requirements for Participation for all students 

  1. Physical Examination - A yearly physical exam is required for all students who participate in interscholastic sports, including the try-out period. A student must provide written proof of a physical examination within 365 days of his/her previous exam and that verification must be on file with the school nurse. A health clinic offers these physicals periodically throughout the year at a reasonable cost.
  2. Attendance - Regular school attendance is required. A student who arrives after 9:00 am, is dismissed from school early, or misses any part of the school day may not participate unless excused beforehand and approved by the principal. Participation in any weekend activity is dependent upon attendance on Friday.
  3. Obligations - Students who owe obligations to the school (library fines, books, uniforms from previous seasons, etc) will not be permitted to participate until those obligations are satisfied.
  4. Acknowledgment of Risk/Emergency Medical Authorization - Prior to participation, parents and students must complete a pre-participation form that indicates, in part, acceptance of the risk of injury that may result from participation. Parents must complete an emergency information card that gives permission for their son/daughter to be treated by appropriate medical personnel in the event of injury.
  5. Accident or Medical Insurance - All athletes must provide proof of medical insurance coverage in order to participate. 

B. Marshwood High School Scholastic Eligibility Rules and Requirements for participation in Interscholastic and Extracurricular Activities 

  1. Eligibility shall be determined by academic quarters. Eligibility will be reviewed at the end of each academic quarter and will go into effect for the following quarter the day report cards are issued. For the purpose of determining fall eligibility, the fourth quarter of the previous year will be referenced.
  2. A student must be enrolled in four credits or the equivalent each quarter and must pass four credits or the equivalent in the previous quarter.
  3. Incomplete grades may be made up for credit during the first 2 weeks of the subsequent quarter after report cards are issued. A student remains ineligible for the two weeks, at the end of which a passing grade must be obtained.  Incompletes granted at the end of the year (last quarter) must be completed (passing grade obtained) two weeks after report cards are issued. However, eligibility under this requirement can be maintained if, prior to the incomplete, there is evidence of a passing grade.
  4. Students who do not meet the scholastic eligibility requirement will be ineligible for the academic quarter – that is, until the next quarter’s report cards are issued.
  5. Summer school courses may not be used for purposes of regaining eligibility.
  6. An ineligible student may not participate in meetings, practices, games, and matches; may not sit with the group at home or away competitions; may not travel with the group.
  7. An ineligible student may try-out during the ineligibility period for a spring sport that is to begin in the fourth quarter. 
  8. Students who are assigned in-school or out of school suspension are ineligible to participate until the suspension has ended.
  9. Entering Grade 9 students will be academically eligible to start the school year.

Interscholastic activities are defined as those activities that involve competition with other schools. All high school students who wish to participate in interscholastic activities are required to abide by the eligibility rules set by the Maine Principals Association and Marshwood High School. Examples of interscholastic activities include: athletic teams, math and other academic teams, and drama (One-Act Play competition).

Extracurricular activities are defined as those activities that occur outside the normal school day, but within the school itself.  All high school students who wish to participate in extracurricular activities are required to abide by the eligibility rules set by Marshwood High School. These activities do not involve sanctioned competition with other schools. Examples of extracurricular activities include: school publications, student government and class officers, natural helpers, theatrical performing groups *, musical performing groups *, any other activity not listed as determined by the Administration.

*Unless participation is an extension of a course and/or credit is given.

C. Marshwood Middle School Scholastic Eligibility Rules and Requirements for participation in Interscholastic Activities:

  1. Marshwood Middle School students must be passing a minimum of (3) core academic subjects and (1) allied art in order to achieve academic eligible status.
  2. Student’s eligibility will be based on trimester and mid-trimester grades.
  3. Summer school courses may not be used for the purposes of regaining eligibility.
  4. 7th and 8th grade fall eligibility will be based on 3rd trimester grades from the previous school year.
  5. Entering grade 6 students will be academically eligible to start the school year.
  6. When appropriate, the administration of Marshwood Middle School has the authority to grant student eligibility or determine student ineligibility.
  7. Students who are assigned in-school or out of school suspension are ineligible to participate until the suspensions has ended.

 


Cross References: JLA Student Athlete Accident Insurance

                                JLA-E1 Student Athlete Accident Insurance Form

                               JJID Physical Examinations of Students Who Participate in Interscholastic Athletics

 

Policy Adopted: April 20, 1989

Policy Revised: June 21, 1995, April 2, 2003, February 24, 2010, March 15, 2023

 

JJIB - Interscholastic Athletics: Club Sports, Individuals Sports

JJIB - Interscholastic Athletics: Club Sports, Individuals Sports

Club Sports 

There are instances when parents, students and/or staff members may wish to participate in/or sponsor a team sport that is not part of the district’s program, on a “club basis”. Individuals desiring to form a club sport must discuss the proposal with the Athletic Director and the Principal. If approved by the Principal, individuals (Booster Club) desiring to form a club sport assume the cost of all expenses, including the cost of coaches and officials, uniforms and equipment, transportation and supplies. The cost of student athlete accident insurance pertaining to that sport will be billed to the Booster Club annually.  Coaches will be hired and supervised by the district and the cost of the stipend will be billed to the Booster Club. The Board of Directors will be notified whenever there is a club sport added to a school program.

Participants in club sports are subject to existing policies and regulations that apply to interscholastic athletes.

Parents, students and/or staff may wish to have an additional team added to the district’s athletic program. These individuals must contact the Director of Athletics and discuss the proposal. The Athletic Director, after gathering data, shall make a recommendation to the Principal and the Superintendent. If approved the Superintendent will recommend to the Board of Directors the process for inclusion in future budgets. 

 A significant component of the data gathering activity will be the level of success achieved by the proposed addition if it was active as a club sport. Other issues that should be considered are: 

a. The level of student interest in the proposed addition. If necessary, surveys should be conducted;

b. The budget for the proposed addition, including salaries, officials’ fees, equipment and travel;

c. The impact of the proposed addition upon existing facilities, including busses;

d. The availability of a schedule;

e. The impact the proposed addition has on promoting equal numbers of opportunities available to each gender and/or both genders.

 Individual Sports

There are instances when students, with demonstrated skills in an individual sport, are able to compete in MPA or similarly sanctioned events when the student’s school does not field a team in that sport.

MSAD #35 will permit individuals, upon petition by the student’s parents or guardian to the administration, to compete under the following conditions: 

a. No coaching, practice, or financial support from MSAD #35 is required;

b. Transportation to all events is provided by the family;

c. The family assumes all liability, including medical costs.

When an individual competes under the condition of this policy, the MSAD #35 Board of Directors will receive written notification.

Participants in individual sports are subject to existing policies and regulations that apply to interscholastic athletes.

 


Cross References: Eligibility Policy for Participation in Extracurricular Activities

Student Accident and Athletic Insurance

 

Policy Adopted: April 1, 1987

Policy Revised: October 1, 1997,  August 15, 2001

JJIBB - Sportsmanship Conduct for Competition

JJIBB - Sportsmanship Conduct for Competition

The MSAD 35 Board of Directors believes that competition should be a healthful, positive and safe experience for everyone who is involved. Further, the Board believes that such events should occur in an environment that teaches values and ethics, promotes competition without conflict and enriches the lives of all participants. An emphasis is placed upon handling success with grace and losing with dignity. The expectation is that everyone involved will exhibit good sportsmanship, and the core values of discipline, fairness, responsibility, trustworthiness and citizenship will be promoted.

A. Participants

In demonstrating sportsmanship, students are expected to:

  1. Understand and follow the rules governing the competition;
  2. Recognize skilled performance by others, including opponents;
  3. Display respect for teammates, opponents, coaches and officials;
  4. Respect the judgment of officials and accept their decisions;
  5. Refrain from behavior such as taunting, using insulting language or gestures and cursing.
  6. Be modest when successful and gracious in defeat; and,
  7. Recognize that their conduct reflects on themselves and on their school community. 

B. Coaches

In demonstrating sportsmanship, coaches are expected to:

  1. Know that they serve as role models for students and must set a good example for students and spectators;
  2. Abide by the rules governing the competition, in both letter and spirit;
  3. Treat all parties with respect;
  4. Act with dignity and self-control;
  5. Respect the judgment of officials and accept their decisions;
  6. Take corrective action with students who exhibit unsportsmanlike
  7. behavior; and
  8. Be modest when successful and gracious in defeat. 

C. Spectators and Parents 

Competitive school events are activities that are part of the overall educational program. Such activities are not a public forum. The public is invited to attend for the purpose of supporting all of the participants regardless of the school they represent. In particular, adult spectators are expected to be role models for students and to provide a positive model of behavior that contributes to the value of the experience. School administrators and officials have the authority and discretion to remove any spectators who do not comply with the expected rules of conduct and sportsmanship.

Therefore, when attending competitive events, spectators are expected to:

  1. Respect the purpose of the competition and act in the role of support for all of the participants;
  2. Show positive support for outstanding performance, regardless of school  affiliation;
  3. Show concern for injured participants, regardless of school affiliation;
  4. Refrain from angry or abusive language or actions toward any adult or  student participants or other spectators;
  5. Refrain from any act that creates a danger for participants or spectators;
  6. Refrain from any act that could be considered taunting, heckling or berating of participants, officials, or coaches.
  7. Follow all Board rules and policies pertaining to conduct on school  property, including but not limited to use or possession of alcohol, tobacco, drugs or weapons. 

D. Penalties for Inappropriate Conduct

Students who engage in unsportsmanlike conduct will be subject to the penalties described in the student handbook, including Board policy, team rules and the Student Code of Conduct. In all cases, unacceptable conduct will result in appropriate disciplinary consequences. 

Adult spectators or other visitors from outside of the school who engage in unsportsmanlike conduct may be asked to leave the premises and may be excluded from future events. The administrator in charge of the event may seek the assistance of law enforcement authorities if necessary to remove or exclude a spectator deemed to be in violation of these rules of conduct or Board policy; law enforcement may remove anyone who is disrupting an event or creating an unsafe environment or damaging public property.

E. Notice of Rules

The building administrator shall be responsible for the posting of spectator rules at the entrance to each event site, or to otherwise inform all attendees of the expectation for conduct that demonstrates good sportsmanship.     

 


Cross References: ACAA – Harassment and Sexual Harassment of Students

JICDA - District-Wide Student Code of Conduct

 

Policy Adopted: May 2, 2007

JJIBC - Relations with Booster Groups and PTOs

JJIBC - Relations with Booster Groups and PTOs

MSAD #35 recognizes the role of Board approved organizations, such as booster groups and PTOs, in assisting the schools in enriching the educational experience of all district students. The purpose of this policy is to create a clear understanding of the relationship between booster groups/parent organizations and MSAD 35 with particular emphasis on legal, financial and equitability issues

Only those groups and community organizations that have been approved by the Board may use the name and or logo of MSAD #35 or its schools. All groups will abide by Title IX non-discrimination policies and practices. The Superintendent may make recommendations to the Board concerning groups seeking approval.

Section 1 – Prerequisites for Recognition

In order to be approved as a booster group, a group must meet the following criteria:

A. The group must apply to the Superintendent in writing for initial Board approval (see JJIBC-E1). The application must provide details of the structure of the organization, including its name, purpose and goals, the intended use of funds generated, the names of its officers and a copy of its Bylaws; 

1. The group must be comprised of and operated by adults rather than students;

2. Coaches/advisors may not serve as officers or be responsible for any financial management of their group. 

3. The district recommends, if possible, that any district employee, coach, or teacher whose own children may benefit from the operations of a booster club or parent organization not serve as an officer in that booster club or parent organization unless the role is unable to be filled.

4. Any changes to the information specified in (B) above must be submitted to the Superintendent at least thirty (30) days before they take effect. The Superintendent will recommend to the Board that recognition of the group be revoked if the changes will render the group no longer compliant with this policy or Board goals. 

B. The group must be established either as a non-profit organization under Section 501(c)(3) of the Internal Revenue Code, or provide a tax ID number, and provide appropriate documentation to the Superintendent. 

C. The group and its members are required to comply at all times with this policy and all other applicable Board policies, administrative procedures and rules, as well as state and federal laws and the applicable requirements of the Maine Principals Association.

1. The Athletic Administrator or Principals' designee, will hold two (2) informational meetings each school year to review current Board Policies, procedures, and rules that govern the MSAD 35 Booster Groups & PTO's. 

Section 2 – Governing Rules for School Sponsored Groups

A.  Booster groups must submit to the Athletic Director or appropriate building administrator, a proposed budget, fundraising activities and spending plan for each year at least thirty (30) days before the beginning of the season or activity (see JJIBC-E2). Booster groups are expected to consult with the coach or activity advisor about possible needed items in preparing its plan; however, individual coaches/advisors are not authorized to approve specific purchases. The Athletic Director or building administrator will consult with the Business Manager before approving booster group plans. The School Board reserves the discretion to deny entire or portions of booster club plans based on program needs as well as operational and legal considerations.

1. Any plan or project (including concession stands) that may require construction, conversion, expansion or renovation of school facilities, or that may increase maintenance costs for facilities, will require Board approval. Any such proposal must be submitted to the Superintendent for consideration by the Board’s Facilities Committee prior to being presented to the full Board for a vote.

2. Any changes or additions to the plans must receive the approval of the Athletic Director and building administrator in advance (See JJIBC – E4). 

B.  Groups’ gifts should enhance education or activities for all students. The Board will consider gender equity and budget implications regarding booster group donations, and all expenditures proposed by booster groups will be reviewed to ensure that MSAD #35 remains in compliance with Title IX requirements. 

C.  Booster and PTO groups may not directly pay for coaches or for any other professional services. All approved payments for coaches and/or other professional services will be made by MSAD #35 and reimbursed by the booster groups.

1. Booster and PTO groups shall not obligate MSAD #35 or any school or program in any way, financial or otherwise.  The Board and its employees are not liable for the activities or obligations of any booster group.

2. Payments to individuals/service providers in booster funded positions (pitching coach, guest author, dance choreographer, etc.) shall be processed through the district and reimbursed by the booster group.

3. School Board approved groups may provide gifts to school staff members/volunteers, using organizational funds, not to exceed $25 per person, per activity. Gift cards are not to be meant/used as compensation.

By the end of each school year, all groups will send a report (using form JJIBC-E5) to the Accounting Manager, Superintendent’s Office, noting when gift card(s) are given to coaches/volunteers so that a record can be maintained and handled appropriately for each coach/volunteer.

D.   All groups must maintain bank accounts and tax-exempt status separate from MSAD #35.  Each booster group must provide a complete set of financial records and an expense report (see JJIBC – E5) by June 30th each year to the building administrator. Failure to provide such records annually, or upon request from MSAD #35 is sufficient grounds to revoke recognition of the group.

1. No monies collected by groups will be deposited directly into student athletic/activity accounts.

2. Groups may not use the school’s sales tax exemption for purchases or sales.

E.  All fundraising activities must be approved in advance by the building principal (see JJIBC-E3), and no fundraising activities may be conducted within the school during regular school hours, unless pre-approved by the building principal.  Lotteries and other activities construed as illegal gambling under Maine or federal law are expressly prohibited.  All fundraising must comply with Board Policy JJE (ex. no door-to-door solicitation by students).

F.   The group’s president or designee must make application to the building principal for all uses of school facilities for fund raising projects, in accordance with the Board’s facilities use policy and procedures (policy KF), and all uses of school facilities by booster groups must comply with the Board’s policy and procedures. 

G.  Groups shall not select coaches or activity advisors, or unduly influence the selection process.

Section 3 – Group Responsibilities/Code of Ethics

Booster Groups

It is the responsibility of the building principal to chair a committee to screen and recommend coaches, assistant coaches and activity advisors to the Superintendent for appointment. Booster groups are not responsible for selecting coaches, assistant coaches or activity advisors. A member of a booster organization may or may not be asked to sit on a screening committee for the recommendation of coaches, assistant coaches and/or activity advisors to the MSAD #35 administration. Employment, evaluation, and direction of coaches are the sole responsibility of MSAD #35 and related information will remain confidential. Booster groups may not directly or indirectly influence decisions made by school personnel (e.g., playing time, leadership positions, roles in a play, etc.).

Parent Organizations

A member of a parent organization may or may not be asked to sit on a screening committee for the recommendation of hiring of employees. All information gathered during the interview process will remain confidential. Parental Organizations may not directly or indirectly influence decisions made by school personnel (e.g., class placement, roles in a play, etc.). 

Section 4 – Revocation of Approval 

The Board, with the recommendation of the Superintendent, reserves the discretion to revoke recognition of any group if it is found that the group is not complying with this policy or other applicable Board policies; if the group’s operations and purposes are inconsistent with the Board’s goals; and/or if the group violates state and/or federal laws or any applicable requirements of the Maine Principals Association. 

Any group that has not been recognized by the Board, or that has its recognition revoked is prohibited from: 

  1. Using the name and/or logo of MSAD #35 or any of its schools, or from representing themselves as an approved group.
  2. Fundraising or organizing activities or events in support of or for any school-sponsored athletic team or other extracurricular activity.
  3. Other restrictions may be imposed as deemed appropriate by the Board and/or Superintendent. 

If the recognition for a group is revoked, or if the group is dissolved, any monies remaining in the custody or control of the group shall be paid over to the student activity account within thirty (30) days.

 


Cross References:

EFE—Competitive Food Sales

KF – Community Use of School Facilities

KCD - Public Gifts and Donations to the Schools

KHB - Advertising in the Schools

GCSA – Employee Computer, Cell Phone, Electronic Devices and Internet Use

JJE – Student Fundraising Activities

 

Policy Adopted: November 20, 1991

Policy Revised: November 3, 1999; June 15, 2005; November 28, 2012; July 16, 2014, April 15, 2015 and April 27, 2022

JJIBC-E1 - Booster Group Application Form

JJIBC-E1 - MSAD #35 Booster Group Application Form

Name of Booster Organization: __________________________________________________

Name of Representative Completing Application: ___________________________________

Date: __________________ 

❒    Provide details of the structure of the organization

❒    Purpose and Goals 

❒    The names of its officers 

❒    Group’s bylaws 

❒    Group will abide by all policies and regulations established by the Board and, as applicable, the Maine Principals Association 

❒    Financial and Tax Exempt status  



FOR DISTRICT USE ONLY:

_________ Approval as MSAD #35 Sanctioned Booster Organization 


_____________________________________________     ________________________

                        Authorized Signature                                     Date                                    


____________________________________________                           

Name (Printed)

JJIBC-E2 - PTO and Booster Group Proposed Budget, Fundraising Activities Spending Plan

JJIBC-E2 - PTO and Booster Group Proposed Budget, Fundraising Activities Spending Plan

image-1647888725333.png

Printable PDF linked below!

------> PTO and Booster Group Proposed Budget, Fundraising Activities Spending Plan - JJIBC-E2.pdf

JJIBC-E3 - Application for Fundraising at School Events or Representing MSAD #35 in Fundraising Endeavors

JJIBC-E3 - Application for Fundraising at School Events or Representing MSAD #35 in Fundraising Endeavors

Name of Organization/Booster Group: ______________________ Date: _______________

Contact Person: _______________________ Benefitting District School : ________________

E-mail Address: _________________________________   Phone #’s: ________________

 

1.  Please describe the fundraising proposal in detail.  

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2.  Please specify the location and dates of each activity.    

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3.  Who will be involved?

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4.  How will this benefit our students?

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5.  What assistance, if any might be required of the school?  

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6.  Will there be advertising involved?  If yes, list methods (posters, social media, etc) that will be utilized.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7.  What safeguards will be in place for raffles/lotteries, 50/50’s to insure a fair and unbiased drawing

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Please check one of the following:

❒ This fundraiser is for this year only.

❒ This fundraiser will be an annual event.  (Requires Board approval.)

❒ This fundraiser has been previously approved as an annual event.

Principal's Signature: ________________________________ Date: ____________________

(An annual financial report is attached. Please submit this to the Building Principal by June 30 of the current year.)

JJIBC-E4 - Booster and PTO Request for Unbudgeted Expenditure Approval

JJIBC-E4 - Booster and PTO Request for Unbudgeted Expenditure Approval

Booster club expenditures of more than $150.00 ($25.00 for gift cards) require advance approval from the principal or their designee.

Name of Organization: _________________ School Representing: _____________________

Officer Requesting Unbudgeted Expenditure: _____________________________________

Date and Results of Booster Vote regarding Unbudgeted Expenditure: _____________________  

Contact Number: _________________________

Date of Request: _____________   

1.     Describe the type of expenditure proposed (capital improvement, equipment, gift card, etc).

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2.     What is the total cost? _________________  Will there be annual maintenance costs?  Yes ____ No ____ 

3.     If yes, please describe potential costs and provide estimate(s):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4.     How will this expenditure benefit the school program?:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5.     How did you follow the Booster Bylaws regarding approving Unbudgeted Expenditure Approval? Please state on separate paper and attach to this form. 

6.     Was this expenditure put out to bid publicly?  Yes ____   No____  If yes, please list vendors below:

●    Vendor #1 ________________ Contact Person _________________ Tel # ____________

●    Vendor #2 ________________ Contact Person _________________ Tel # ____________

●    Vendor #3 ________________ Contact Person _________________ Tel # ____________

MSAD #35 Office Use Only 

Principal/Designee Action: Approved ________   Not Approved __________

❒         Expenditure is approved and will be maintained financially & replaced by the _________ Booster Group

❒         Expenditure is approved and will be maintained financially by the Marshwood School District

Signature:  ____________________________      Date:  _______________

JJIBC-E5 - Annual Fundraising Report

JJIBC-E5 - MSAD #35 Annual Fundraising Report

This form and the attached required documents are due BY JUNE 30th summarizing the previous school year.

MSAD 35 Approved Group: ______________ Tax ID/EIN # ____________ Report Year: ___

President: ____________________ E-mail: _____________________ Tel #: ___________

V-President: ___________________ E-mail: _____________________ Tel #: ___________

Secretary: ____________________ E-mail: _____________________ Tel #: ___________

Treasurer: ____________________ E-mail: ______________________ Tel #: ___________

         

Person completing this report: ___________________ Title: __________________ Date: ____

Mailing address: _____________________________________________________________

Phone: (H) ____________________ (W): ____________________ (C): _________________ 

1.              Beginning Balance July 1, 20 ___ : $______________________

2.              Total Funds Received during Year: $______________________

3.              Total Expenditures during Above Report Year: $______________________

4.              Ending Balance June 30, 20 ___ : $______________________

~Please fill out reverse side to complete report~

Name of financial institution: _________________________ Account Number: ___________

Authorized signatories: ________________________________________________________

Current balance: $__________________ Insurance company: _________________________

*We are requesting permission to charge a fee to students/families for booster membership.*

*If booster fee cannot be paid, membership(s) will NOT be affected in any way

Fee Amount/Student

Purpose

 

 

Please list additional names and contact information (email and/or phone) of other officers of your group:

Name

Phone

Email

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other information you feel as necessary to share:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The Athletic Administrator, or Principals' designee, will hold two (2) informational meetings each school year to review current Board Policies, procedures, and rules that govern the MSAD 35 Booster Groups & PTO's.

Please return the completed form to the Director of Athletics and Student Activities. 

Email:  rich.buzzell@rsu35.org or Fax: 207-384-4508.

RECEIPT SUMMARY (Funds Received): JJIBC-E5 - Continued, Page 2

Activity                                                                  Funds Received

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

                                                                                Total Funds Received ___________

EXPENDITURE SUMMARY (All expenses) Expense Listing                            

Expenditures $

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

·  ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

                                                                                Total Expenditures ____________

                                                                                Net Income/Loss: _____________

I affirm that the above information is true to the best of my knowledge.

Name: _________________________________________________________________

Signature: ___________________________________ Date: ______________________

Required attachments for the “Annual Report”: (a) A copy of the group’s by-laws or description of the organizational structure; (b) A description of the group's accounting practices (including more than one person responsible for counting funds received and monitoring deposits and withdrawals from bank accounts, and periodic audits; (c) A copy of the group's budget for the school year; (d) A list of proposed fundraising activities and estimate of funds to be raised (fundraising calendar -Appendix 2); (e) A list of proposed expenditures in direct support of the school and/or student team, club or sport; (f) electronic minutes of all booster meetings must be forwarded to Athletic Administrator (Appendix 3).

Form Revised:  April 27, 2022

JJIBC-R - Financial Responsibilities of School Approved Groups - Administrative Procedure

JJIBC-R - Financial Responsibilities of School Approved Groups - Administrative Procedure

The purpose of this policy is to set guidelines for school approved groups that fundraise for activities sponsored by MSAD #35. Only those booster groups, businesses, community organizations, and PTOs that have been approved by the Board may use the name or logo of MSAD #35 or its schools for fundraising purposes.

In order to engage in fundraising activities, school approved groups in MSAD #35 must:

A. Obtain tax ID number from the IRS. Booster/PTO groups are not permitted to use the district’s tax ID numbers;

B. Receive prior approval from the building principal for all fundraising events/activities to be conducted, whether held on or off school grounds. The building principal may approve a sequence of fundraising events in one application.

C. Receive prior approval from the Board for all fundraising activities that are envisioned to be held annually. Once the event has been approved by the Board as an annual activity, it will require only an annual approval by the building principal;

D. Submit all fundraising materials (letters to the public, flyers, etc.) to the building principal for approval before distributing such materials. MSAD #35 will maintain a fundraising google calendar for all extracurricular activities to include, athletics, class fundraisers and PTO groups at the Central Office;

E. Receive prior approval for unbudgeted expenditures over $150 (for equipment or other items to benefit school programs) from the Athletic Director or building principal (see JJIBC – E4);

F.  Recognize that all equipment/purchases made by school approved groups become the property of MSAD #35; and 

G. Submit a financial report (see JJIBC – E5) no later than June 30 to the building principal or Athletic Director (as applicable) who will submit to the Superintendent for inclusion in the annual financial report. Groups that do not submit reports will not be permitted to fundraise until a report is submitted.

H. Submit a report to the District Accounting Manager, Superintendent’s Office, reporting any gift cards provided to coaches/volunteers. 

I. The Superintendent of Schools/Designee will serve to oversee the social media presence that groups may be involved with (Facebook, Instagram, and Twitter, etc.) and work directly with their group's media coordinator to ensure all policies in place for MSAD #35 are followed.

All groups with an online presence (webpage, Facebook, etc.) must designate a booster member to be the media coordinator. The group must provide administrative access to school administration. All online presence will be limited to view only and all information presented must be approved by school administration and meet the expectation put forth in Board Policy GCSA & GCSA-R Employee Computer and Internet Use.


Adopted: June 5, 2002   

Revised: June 15, 2005; July 16, 2014, April 15, 2015 and April 27, 2022

JJID - Physical Examinations of Students Who Participate in Interscholastic Athletics

JJID - Physical Examinations of Students Who Participate in Interscholastic Athletics

All students who participate in interscholastic athletics, including tryouts, in Grades 6-12 will have a physical examination every 365 days. MSAD #35 schedules physical exams by a licensed physician at a reduced rate to Marshwood students.  Students who have the physical examination performed by their family physician must produce evidence of such examination signed by the doctor before participation in any activity is allowed.


Policy Adopted: May 21, 1969

Policy Revised: November 1, 1979, May 7, 1980, August 19, 1987, November 3, 1999 and October 29, 2003

JJIF - Management of Concussions and Other Head Injuries

JJIF - MANAGEMENT OF CONCUSSION AND OTHER HEAD INJURIES

The Board recognizes that concussions and other head injuries are serious and could result in significant brain damage and/or death if not recognized and managed properly. The Board further acknowledges that a student may suffer a concussion during any activity during the school day or outside of school. The Board adopts this policy to promote the safety of all students, regardless of where or when the head injury occurred, in MSAD 35 schools, PreK-grade 12.

DEFINITIONS

The following definitions shall apply for the purpose of this policy.

Concussion:  A concussion is a traumatic brain injury caused by a bump, blow, or jolt to the head that can change the way the brain normally works. Concussions can occur from a fall or a blow to the head or body that causes the head and brain to quickly move back and forth.

Concussion Management Team:  A Concussion Management Team (CMT), appointed by the superintendent or head of school, may include, but is not limited to the following:  school administrator, school nurse, athletic administrator, school counselor, and school physician. The Team shall oversee the implementation, graduated school reentry protocols, and make recommendations related to implementation and review of this policy. This team may be combined with another existing student support team within the school or school administrative unit.

Graduated school reentry:  Graduated school reentry is a gradual and coordinated return to school activities following a concussion. It is an individualized, flexible plan developed by the Concussion Management Team or designee with input from the student, parents, and medical provider.

Medical clearance:  Medical clearance includes a written statement from a health care provider licensed to diagnose a concussion, who is trained in the treatment and management of concussions, which allows a student to start the school’s graduated school reentry plan and/or graduated return to play protocol.

School:  School means any public school and any private school enrolling more than 60% of its students at public expense in the State of Maine.

School personnel:  School personnel include any persons working within and on behalf of the school in a supervisory role to students during school sponsored activities including volunteers in a student supervisory role, such as athletic coaches.

TRAINING

Prior to the beginning of each sports season, athletics-related school personnel (including volunteers) identified by the school unit’s Concussion Management Team must be made aware of this policy and protocols related to the management of concussive injuries and must participate in concussion awareness training that includes recognizing signs and symptoms that may suggest a concussive or other head injury and include instruction in the use of graduated school reentry protocols. This training must be consistent with protocols as identified or developed by the Maine Department of Education (DOE).

Prior to the beginning of each school year, non-athletics related school personnel (for example, physical education teachers, school nurses, personnel with recess duty) identified by the school unit’s CMT, must be made aware of this school policy and protocols related to the management of concussive injuries and must participate in concussion awareness training that includes recognizing signs and symptoms that may suggest a concussive or other head injury. This training must be consistent with protocols as identified or developed by the Maine Department of Education (DOE).

STUDENT AND PARENTS/GUARDIANS

Prior to participating in any school athletic activity, all students will be provided information including:

The student and his/her parent(s)/guardian(s) must sign a statement acknowledging that they received and read this information before the student is allowed to participate in any school athletic activity.

MANAGEMENT OF CONCUSSIVE AND OTHER HEAD INJURIES

It is the responsibility of all school personnel trained in the signs, symptoms and behaviors related to concussion or other head injury, to act in accordance with this policy when that person recognizes that a student may be exhibiting such signs, symptoms and/or behaviors.

MEDICAL CLEARANCE

Once a referral to a health care provider has been made by the school nurse, athletic trainer, or other health services personnel, the student must receive written clearance from a health care provider licensed to diagnose a concussion who is trained in the treatment and management of concussions. The medical clearance allows a student to begin the graduated school reentry protocol.

CONCUSSION MANAGEMENT TEAM (CMT)

The Superintendent will appoint a Concussion Management Team including a school administrator to be responsible, under the administrative supervision of the Superintendent, to make recommendations related to implementation and review of this policy. The Concussion Management Team will include the school nurse and athletic administrator and may include one or more principals or assistant principals, the school physician and other school personnel or consultants as the Superintendent deems appropriate. The Team shall oversee and implement this policy and related protocols for concussive head injuries based on the currently accepted best practices. The Team, under the direction of the superintendent, shall identify the school personnel who shall be trained in concussion signs and symptoms and the school activities covered by this policy.

DATA

The Board recognizes how serious concussions are and the need for improved understanding of concussions in our schools and their impact on learning and school attendance. The school unit will track the number of concussions, activity associated with the injury, number of school days missed, and other information determined necessary by the Concussion Management Team. The CMT will review this data and make recommendations to the Board as needed.


20-A MRSA§254(17)

Cross Reference:

JJIF-R - Management of Concussions and Other Head Injuries Procedures

 

Policy Adopted: February 27, 2013

Policy Revised: April 10, 2024

JJIF-R - Management of Concussions and Other Head Injuries Procedures

JJIF-R - Management of Concussions and Other Head Injuries Procedures

These procedures are established for the purpose of meeting obligations of MSAD 35/RSU 35 under state law and Board Policy JJIF governing the management of concussions and other head injuries.  

2. All parents will sign a statement of acknowledgement that they have read and understand the information.  Students engaging in school sponsored interscholastic athletes will not be allowed to participate without a signed statement of acknowledgement.

 

 

Policy Adopted: February 27, 2013

Policy Revised: June 5, 2024

JK - Student Discipline

JK - Student Discipline

It is essential for schools to maintain a safe and orderly environment which supports student learning and achievement. Effective discipline allows the schools to discharge their primary responsibilities to educate students and promote good citizenship. All students are expected to conduct themselves with respect for others and in accordance with Board of Directors policies, school rules, and applicable state and federal laws. Disciplinary action may be taken against students who violate policies, rules, or laws, and/or whose conduct directly interferes with the operations, discipline or general welfare of the school. 

Students are expected to show courtesy and consideration for others which contributes to the harmonious atmosphere of the school at all activities including athletic events, field trips, assemblies and school sponsored programs. 

The Board expects the following principles to guide the development and implementation of school rules and disciplinary procedures:

  1. Discipline should emphasize positive interventions and expectations for appropriate behavior, as well as appropriate consequences for misconduct. The focus should be on instructional and environmental supports that are designed to teach students prosocial alternatives to problem behaviors, with high rates of feedback.

  2. Expectations for student behavior should be clear and communicated to school staff, students and parents.

  3. Positive and restorative interventions should be used to the extent feasible. Consequences for misbehavior should be in proportion to the offense, fair and consistently enforced. Administrators shall have the discretion to tailor discipline to the facts and circumstances of the particular case.

  4. Parents should be actively involved in the process of preventing and resolving disciplinary problems at school. 

Any restraint or seclusion of students shall comply with applicable regulations and Board policy.

Recess may not be withheld as a consequence for a violation of the Student Code of Conduct for any student in grade five or below, except that when there is no alternative time available, recess time may be used for restorative interventions related to the student’s conduct.

Physical force and corporal punishment shall not be used as disciplinary methods. State law provides that "a teacher or other person entrusted with the care or supervision of a person for special or limited purposes may not be held civilly liable for the use of a reasonable degree of force against the person who creates a disturbance if the teacher or other person reasonably believes it is necessary to a) control the disturbing behavior; or b) remove the person from the scene of the disturbance."

Teachers are authorized to make and enforce rules for effective classroom management and to foster appropriate student behavior, subject to the direction and approval by the Principal/designee.

School-wide rules shall be developed by the building principal with appropriate input from school staff, students and parents and subject to approval by the Superintendent. Principals shall provide for the suspension or other serious disciplinary action against students in accordance with Board policies, administrative procedures and Maine law.

Students with disabilities shall be disciplined in accordance with applicable federal and state law/regulations.

To reduce disciplinary problems and the potential for violence in the schools, the Superintendent may develop procedures for conflict resolution which may be accomplished through peer mediation, counseling, parent involvement, services of community agencies or other activities suitable to the school unit.

 

17-A MRSA § 106

20-A MRSA §§ 1001 (15A);  4009 

Cross References: 

AC - Nondiscrimination

ACAA - Harassment and Sexual Harassment of Students

EBCA - Comprehensive Emergency Management Plan

JIC - Student Code of Conduct

JICIA - Weapons, Violence and School Safety

JKAA/JKAA-R - Use of Physical Restraint and Seclusion

JKD - Student Suspension

JKE - Expulsion of Students

JKF - Disciplinary Removals of Students with Disabilities

 

Policy Adopted: November 19, 1975

 Policy Revised: May 7, 1980; December 18, 1996; November 20, 2002; March 16, 2016; June 5, 2024

JKAA - Use of Physical Restraint and Seclusion

JKAA - Use of Physical Restraint and Seclusion

The MSAD #35 School Board has adopted this policy and the accompanying procedures to implement the standards for use of physical restraint and seclusion with students, as required by state law and regulations, and to support a safe school environment. Physical restraint and seclusion, as defined by this policy, may only be used as an emergency intervention when the behavior of a student presents an imminent risk of serious physical injury to the student or others.

State law and MDOE Rule Chapter 33 do not restrict or limit the protections available to school officials under 20-A M.R.S.A. § 4009, but those protections do not relieve school officials from complying with this policy/procedure.

The Superintendent has overall responsibility for implementing this policy and the accompanying procedure, but may delegate specific responsibilities as they deems appropriate. 

1.     Definitions

The following definitions apply to this policy and the accompanying procedure:

A.

1.  Physical restraint: A personal restriction that immobilizes or reduces the ability of a student to move their arms, legs, or head freely.

2.  Physical restraint does not include any of the following:

a.. Physical escort: A temporary, voluntary touching or holding of the hand, wrist, arm, shoulder or back to induce a student to walk to a safe location. 

b.. Physical prompt: A teaching technique that involves voluntary physical contact with the student and that enables the student to learn or model the physical movement necessary for the development of the desired competency.

c.. The use of adaptive devices or mechanical supports to achieve proper body position, balance or alignment to allow greater freedom of movement than would be possible without the use of  such devices or supports.

d.. The use of vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

B.  

1.  Seclusion: The involuntary isolation or confinement of a student alone in a room or clearly defined area from which the student does not feel free to go or is physically denied exit.

2.  Seclusion does not include:

        1. A timeout, An intervention where a student requests, or complies with an adult request for, a break.  

2.     Procedures for Implementing Physical Restraint and Seclusion

The requirements for implementing physical restraint and seclusion, as well as incident notices, documentation and reporting are included in the accompanying procedure, JKAA-R.

3.     Annual Notice of Policy/Procedure 

MSAD #35 shall provide annual notice to parents/legal guardians of this policy/procedure by means determined by the Superintendent/designee. For parents/legal guardians, the notice will be provided in the student handbooks.  

4.     Training Requirements

A.    All school staff and contracted providers shall receive an annual overview of this policy/procedure. 

B.    MSAD #35 will ensure that there are a sufficient number of administrators/designees, special education and other staff who maintain certification in a restraint and seclusion training program approved by the Maine Department of Education. A list of certified staff shall be updated annually and maintained in the Superintendent’s Office, in each school office and in the school unit’s Comprehensive Emergency Management Plan. 

5.     Parent/Legal Guardian Complaint Procedure

A parent/legal guardian who has a complaint concerning the implementation of this policy/procedure must submit it in writing to the Director of Special Services, Scott Reuning, as soon as possible. The Director of Special Services, Scott Reuning, shall investigate the complaint and provide written findings to the parent/legal guardian within twenty (20) business days of receiving the complaint, if practicable. 

A parent/legal guardian who is dissatisfied with the result of the local complaint process may file a complaint with the Maine Department of Education. The Department of Education will review the results of the local complaint process and may initiate its own investigation at its sole discretion. The Department shall issue a written report with specific findings to the parent/legal guardian and the school unit within 60 calendar days of receiving the complaint. 



Me. DOE Reg., ch. 33

 

Cross References: JKAA-R – Procedures on Physical Restraint and Seclusion

JK – Student Discipline

KLG/KLG-R – Relations with Law Enforcement OR

KLGA/KLGA-R – Relations with School Resource Officers

EBCA – Comprehensive Emergency Management Plan

 

Policy Adopted: March 16, 2016

Policy Revised: October 20, 2021

JKAA-R - Use of Physical Restraint and Seclusion Procedure

JKAA-R - Use of Physical Restraint and Seclusion Procedure

These procedures are established for the purpose of meeting the obligations of MSAD #35 under state law/regulations and Board Policy JKAA governing the use of physical restraint and seclusion. These procedures shall be interpreted in a manner consistent with state law and regulations.

1.  Physical Restraint

To the extent possible, physical restraint will be implemented by staff certified in a training program approved by the Maine Department of Education. If untrained staff have intervened and initiated a physical restraint in an emergency, trained staff must be summoned to the scene to assume control of the situation if the emergency continues.

This procedure does not preclude law enforcement personnel from implementing physical restraints consistent with their professional responsibilities.

A.    Permitted Uses of Physical Restraint

1.  Physical restraint may be used only when the behavior of a student presents an imminent risk of serious physical injury to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate. The physical restraint must end immediately upon the cessation of the imminent risk of serious physical injury to the student or another person, and should involve the least amount of force necessary to protect the student or other person.

“Serious physical injury” is a physical injury that a reasonable person would consider to be serious for the victim if it were to occur.   

2.  Prescribed medications, harnesses, seat belts and other assistive or protective devices may be used as permitted by law and described in Policy JKAA.

3. Parents/legal guardians may be requested to provide assistance with their child at any time.

B.    Prohibited Forms and Uses of Physical Restraint

1.   Physical restraint used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior. 

2.   Physical restraint used solely to prevent property destruction or disruption of the environment in the absence of a risk of serious physical injury.

3.  Physical restraint that is life threatening, restricts breathing or restricts blood flow to the brain, including prone restraint.

4.  Physical restraint that relies on pain for control, including but not limited to joint hyperextension, excessive force, unsupported take-downs (e.g., tackles), the use of any physical structure (e.g., wall, railing or post), punching and hitting.

5.  Physical restraint that is contraindicated based on the child’s disability, health care needs, or medical or psychiatric condition if documented in:  

●  A health care directive or medical management plan;

●  A school-approved behavior plan;

●  An IEP or an Individual Family Service Plan (IFSP); or

●  A school-approved 504 or ADA plan.

6.  Aversive procedures, and mechanical and chemical restraints.

a. Aversive procedures are defined as the use of a substance or stimulus, intended to modify behavior, which the person administering it knows or should know is likely to cause physical and/or emotional trauma to a student, even when the substance or stimulus appears to be pleasant or neutral to others. Such substances and stimuli include but are not limited to infliction of bodily pain (e.g., hitting, pinching, slapping); water spray; noxious fumes; extreme physical exercise; costumes or signs. 

b. Mechanical restraints are defined as any restraint that uses a device to restrict a student’s freedom of movement.  Such restraints do not include adaptive devices or mechanical supports to achieve proper body position, balance or alignment to allow greater freedom of movement, or the use of vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.  

c. Chemical restraints are defined as the use of drug or medication that is not prescribed as the standard treatment of a student’s medical or psychiatric condition by a licensed physician or other qualified health professional acting under the scope of the professional’s authority under state law that is used on a student to control behavior or restrict freedom of movement.

C.    Monitoring Students in Physical Restraint 

1. At least two adults must be present at all times when physical restraint is used except when, for safety reasons, waiting for a second adult to arrive is precluded by the particular circumstances. 

2. The student must be continuously monitored until they no longer present a risk of injury or harm to the student or others.

3. If an injury occurs, applicable school policies and procedures should be followed.

D.    Termination of Physical Restraint 

1. The staff involved in the use of physical restraint must continually assess for signs that the student in physical restraint is no longer presenting an imminent risk of serious physical injury to themselves or others, and the physical restraint must be discontinued immediately after it is determined that the imminent risk of serious physical harm has ended.

a. The time a student is in physical restraint must be monitored and recorded.

b. If physical restraint continues for more than ten (10) minutes, an administrator/designee shall determine whether continued physical restraint is warranted, and shall continue to monitor the status of the physical restraint every ten (10) minutes until the restraint is terminated. 

c. If attempts to release the student from physical restraint have been unsuccessful and the student continues to present behaviors that create an imminent risk of serious physical injury to the student or to others, then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.

2.     Seclusion

To the extent possible, seclusion will be implemented by staff certified in a training program approved by the Maine Department of Education. If untrained staff have intervened and initiated seclusion in an emergency, trained staff must be summoned to the scene as soon as possible.  

A “timeout” where a student requests, or complies with an adult request, for a break is not considered seclusion under this procedure.  Seclusion also does not include any situation where others are present in the room or clearly defined area with the student (including but not limited to classrooms, offices and other school locations).

A.    Permitted Uses and Location of Seclusion

1. Seclusion may be used only as an emergency intervention when the behavior of a student presents an imminent risk of serious bodily injury to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate. The seclusion must end immediately upon the cessation of the imminent risk of serious physical injury to the student or another person. “Serious physical injury” is a physical injury that a reasonable person would consider to be serious for the victim if it were to occur.  

2. Seclusion may be achieved in any part of a school building with adequate light, heat, ventilation and of normal room height. 

a. Seclusion may not take place in a locked room.

b. If a specific room is designated as a seclusion room, it must be a minimum of sixty (60) square feet; have adequate light, heat and ventilation; be of normal room height; contain an unbreakable observation window in a wall or door; and must be free of hazardous material and objects which the student could use to self-inflict bodily injury.

3. Parents/legal guardians may be requested to provide assistance with their child at any time.

B.    Prohibited Uses of Seclusion

1.          Seclusion used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior.

2.          Seclusion used solely to prevent property destruction or disruption of the environment in the absence of an imminent risk of serious physical injury. 

3.          Seclusion that is life threatening.

4.          Seclusion that is contraindicated based on the child’s disability, health care needs, or medical or psychiatric condition if documented in: 

●  A health care directive or medical management plan;

●  A school-approved behavior plan;

●  An IEP or IFSP; or

●  A school-approved 504 or ADA plan.

C.    Monitoring Students in Seclusion

1. At least one adult must be physically present at all times to continuously monitor a student in seclusion. The adult, while not present in the room or defined area, must be situated so that the student is visible at all times. 

2. The student must be continuously monitored until they no longer presents an imminent risk of serious physical injury to the student or to others.

3. If an injury occurs, applicable school policies and procedures should be followed.

D.    Termination of Seclusion

1.   The staff involved in the seclusion must continually assess for signs that the student is no longer presenting an imminent risk of serious physical injury to the student or others, and the seclusion must be discontinued as soon as the imminent risk ceases.

a. The time a student is in seclusion must be monitored and recorded.

b. If seclusion continues for more than ten (10) minutes, an administrator/designee shall determine whether continued seclusion is warranted, and shall continue to monitor the status of the seclusion every ten (10) minutes until the seclusion is terminated.

c. If attempts to release a student from seclusion have been unsuccessful and the student continues to present behaviors that create an imminent risk of serious physical injury to the student or to others, then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.

3.     Notification and Reports of Physical Restraint and Seclusion Incidents

For the purposes of this procedure, an “incident” consists of all actions between the time a student begins to create an imminent risk of serious physical injury and the time the student ceases to pose that imminent risk and returns to their regular programming. 

A.    Notice Requirements

After each incident of physical restraint or seclusion:

1. A staff member involved in the incident shall make an oral notification to the administrator/designee as soon as possible, but no later than the end of the school day.

2. An administrator/designee shall notify the parent/legal guardian about the physical restraint or seclusion (and any related first aid provided) as soon as practical, but within the school day in which the incident occurred. The administrator/designee must utilize all available phone numbers or other available contact information to reach the parent/legal guardian. If the parent/legal guardian is unavailable, the administrator/designee must leave a message (if the parent/legal guardian has a phone and message capability) to contact the school as soon as possible. The parent/legal guardian must be informed that written documentation will be provided within seven (7) calendar days. 

3. If the physical restraint or seclusion incident occurred outside the school day, the notifications must be made as soon as possible and in accordance with the school unit’s usual emergency notification procedures.

4. If serious bodily injury or death of a student occurs during the implementation of physical restraint or seclusion, the MSAD #35 emergency notification procedures shall be followed and an administrator/designee shall notify the Maine Department of Education within twenty-four (24) hours or the next business day.

B. Incident Reports 

Each use of physical restraint or seclusion must be documented in an incident report. The incident report must be completed and provided to an administrator/designee as soon as practical, and in all cases within two (2) school days of the incident.  The parent/legal guardian must be provided a copy of the incident report within seven (7) calendar days of the incident.

The incident report must include the following elements:

1. Student name;

2. Age, gender and grade;

3. Location of the incident;

4. Date of the incident;

5. Date of report;

6. Person completing the report;

7. Beginning and ending time of each physical restraint and/or seclusion; 

8. Total time of incident;

9. Description of prior events and circumstances;

10. Less restrictive interventions tried prior to the use of physical restraint and/or seclusion and, if none were used, the reasons why;

11. The student behavior justifying the use of physical restraint or seclusion;

12. A detailed description of the physical restraint or seclusion used;

13. The staff person(s) involved, their role in the physical restraint or seclusion, and whether each person is certified in an approved training program;

14. Description of the incident, including the resolution and process of returning the student to his/her program, if appropriate; 

15. Whether the student has an IEP, 504 Plan, behavior plan, IHP (individual health plan) or any other plan.

16. If a student and/or staff sustained bodily injury, the date and time of nurse or other response personnel notification, and any treatment administered;

17. The date, time and method of parent/legal guardian notification; 

18. The date and time of administrator/designee notification.

19. Date and time of staff debriefing.

Copies of the incident reports shall be maintained in the student’s file and in the school office. 

4.   School Unit Response Following the Use of Physical Restraint or Seclusion

A.    Following each incident of physical restraint or seclusion, an administrator/designee shall take these steps within two (2) school days (unless serious bodily injury requiring emergency medical treatment occurred, in which case these steps must take place as soon as possible, but no later than the next school day):

1. Review the incident with all staff persons involved to discuss: (a) whether the use of physical restraint or seclusion complied with state and school board requirements and (b) how to prevent or reduce the need for physical restraint and/or seclusion in the future. 

2. Meet with the student who was physically restrained or secluded to discuss: (a) what triggered the student’s escalation and (b) what the student and staff can do to reduce the need for physical restraint and/or seclusion in the future. 

B.    Following the meetings, staff must develop and implement a written plan for response and de-escalation for the student.  If a plan already exists, staff must review it and make revisions, if appropriate. For the purposes of this procedure, “de-escalation” is the use of behavior management techniques intended to cause a situation involving problem behavior of a student to become more controlled, calm and less dangerous, thus reducing the risk of injury or harm.

5.     Procedure for Students with Three Incidents in a School Year

The school unit will make reasonable, documented efforts to encourage parent/legal guardian participation in the meetings required in this section, and to schedule meetings at times convenient for parents/legal guardians to attend. 

A.     Special Education/504 Students

1. After the third incident of physical restraint and/or seclusion in one school year, the student’s IEP or 504 Team shall meet within ten (10) school days of the third incident to discuss the incident and consider the need to conduct an FBA (functional behavioral assessment) and/or develop a BIP (behavior intervention plan), or amend an existing one.

 B.   All Other Students

1. A team consisting of the parent/legal guardian, administrator/designee, a teacher for the student, a staff member involved in the incident (if not the administrator/designee or teacher already invited), and other appropriate staff shall meet within ten (10) school days to discuss the incidents.

2. The team shall consider the appropriateness of a referral to special education and, regardless of whether a referral to special education is made, the need to conduct an FBA (functional behavioral assessment) and/or develop a BIP (behavior intervention plan).

6.     Cumulative Reporting Requirements

A.     Reports Within the School Unit

1. Each building administrator must report the following data on a quarterly and annual basis:

a. Aggregate number of uses of physical restraint;

b. Aggregate number of students placed in physical restraint;

c. Aggregate number of uses of seclusion;

d. Aggregate number of students placed in seclusion;

e. Aggregate number of students with disabilities having IEPs or 504/AD plans who are placed in physical restraint;

f. Aggregate number of students with disabilities having IEPs or 504/ADA plans who are placed in seclusion;

g. Aggregate number of serious physical injuries to students related to the use of physical restraints;

h. Aggregate number of serious physical injuries to students related to the use of seclusion;

i. Aggregate number of serious physical injuries to staff related to the use of physical restraints; and 

j. Aggregate number of serious physical injuries to staff related to the use of seclusion.

2. The Superintendent shall review the cumulative reports and identify any areas that could be addressed to reduce the future use of physical restraint and seclusion.

B.     Reports to Maine Department of Education

1. The Superintendent shall submit an annual report to the Maine Department of Education on an annual basis that includes the information in Section 7.A.1 above.

 

 

 

Legal Reference: 20-A M.R.S.A. §§ 4014, 4502(5)(M); 4009 

Me. DOE Rule., ch. 33

 

Cross Reference: JKAA-R – Procedures on Physical Restraint and Seclusion

JK – Student Discipline

KLG/KLG-R – Relations with Law Enforcement OR

KLGA/KLGA-R – Relations with School Resource Officers

EBCA – Comprehensive Emergency Management Plan

 

Policy Adopted: March 16, 2016

Policy Revised: October 20, 2021

JKD - Suspension of Students

JKD - Suspension of Students

The School Board delegates to the principals the authority to suspend disobedient and disorderly students for a period not to exceed ten (10) school days. Suspensions may be in-school or out-of-school at the discretion of the principal. Suspensions longer than 10 days may be imposed by the Board.

Students in grade 5 or below may not be given an out-of-school suspension except when a student has violated the federal Gun-Free Schools Act or presents an imminent danger of serious physical injury to the student or others, and it is determined that less restrictive interventions would be ineffective. Any suspension of a student in grade 5 or below cannot be longer than three school days.

Prior to the suspension, except as hereinafter provided:

a. The student shall be given oral or written notice of the charge(s) against him/her,

b. The student shall be given an explanation of the evidence forming the basis for the charge(s); and

c. The student shall be given an opportunity to present his/her version of the incident.

However, students whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the instructional process may be immediately removed from school. In such cases, the notice of charges, explanation of evidence, and the student's opportunity to present his/her version of the incident shall be arranged as soon as practicable after removal of the student from school. 

The student's parents/guardians shall be notified of the suspension as soon as practicable by telephone (if possible). A copy of the notice shall also be sent to the Office of the Superintendent.

Students are not allowed on school property during any out-of-school suspension except with the prior authorization of the principal or Superintendent.

For more than 3 days out-of-school suspension the parents/guardians and the student shall be required to schedule a conference with the building administrator/designee prior to re-admittance to school. Any out-of-suspension for a student in grade 5 or below shall require a conference with the building administrator/designee prior to re-admittance to school. 

Students shall be responsible for any school work missed during their suspension. After readmittance, they shall be permitted to take tests, quizzes or any other form of evaluation affecting their grades.

Students serving in-school suspension or out-of-school suspension shall not be permitted to participate in or attend extracurricular activities.

 

Cross Reference:

JIC - Student Code of Conduct

JICIA - Weapons, Violence and School Safety

JICK - Bullying

JK - Student Discipline 

JKE - Expulsion of Students

KF - Disciplinary Removal of Students with Disabilities

 

Policy Adopted: April 2, 1975

Policy Revised:  October 15, 1975; May 7, 1980; August 19, 1987; January 20, 1999; March 16, 2016; January 17, 2024

Policy Reviewed: November 20, 2002

JKE - Expulsion of Students

JKE - Expulsion of Students

No student shall be expelled from school except by action of the Board.  Following a proper investigation, the Board shall expel the student, if found necessary for the peace and usefulness of the school, as provided in 20-A MRSA § 1001(9) and (9A). 

The Board also has the authority to readmit an expelled student on satisfactory evidence that the behavior which was the cause of the student being expelled will not likely recur.

Notice of Expulsion Hearing

Before an expulsion hearing, the Superintendent shall:

1. The date, time and location of the hearing;

2.  A description of the incident(s) that occasioned the expulsion hearing; 

3.  Their right to review the school records prior to the hearing;

4.   A description of the hearing process, including the student’s right to present and cross-examine witnesses and his/her right to an attorney or other representation; and

5.  An explanation of the consequences of an expulsion.

B. Invite the parents/legal guardians and the student to a meeting prior to the expulsion hearing to discuss the hearing.

Expulsion Hearing

The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.

Nothing in this policy shall prevent the Board from providing educational services in an alternative setting to a student who has been expelled.

 


Legal Reference: 20-A MRSA § 1001(8-A), (9), (9A-9D)

1 MRSA § 405(6)(B)                                                                                              

Cross Reference: JKE-R - Expulsion of Students—Guidelines

JICIA– Weapons, Violence and School Safety

JK - Student Discipline

JKD - Suspension of Students

JKF – Disciplinary Removal of Students with Disabilities

 

Adopted: October 16, 1974

Revised: May 7, 1980, May 17, 1995, April 3, 2002, November 20, 2002, October 19, 2016

JKE-R - Expulsion Guidelines

JKE-R - Expulsion Guidelines 

I.      EXPULSION HEARING AND RE-ENTRY GUIDELINES

The following steps constitute general guidelines for the conduct of an expulsion hearing. The guidelines may be adjusted to meet the flexible requirements of due process on a case-by-case basis, consistent with applicable laws.

A.  Procedures for Conduct of Board Hearing to Expel

1.  Any discussion, consideration or hearing by the School Board of suspension or expulsion of a student shall be in executive session.

2.  The Board shall be in a public meeting and vote to enter executive session. Executive session requires a 3/5 affirmative vote of the members present and voting, and the vote must be recorded. 

3.  The parents/legal guardians, the student and legal counsel or other representative (if any) must be present for the hearing, except that the hearing may go forward if the parents/guardians and student have been provided prior written notice and failed to appear for the hearing.

B.  Executive Session

1. General Rules of Conduct

A.  The hearing officer (Board Chair/designee or Board attorney) will conduct the hearing.

B.   Witnesses shall be sequestered in response to a request by either party.

C.  The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.”

D.  The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”

E.  The Board and student (at his/her own expense) may be represented by legal counsel through each stage of the process.

II.    PROCEDURES

A.  The hearing officer will state for the record:

·      Date of this hearing;

·      Place of hearing;

·      Time of hearing;

·      Name of student;

·      Those in attendance for the administration;

·      Those in attendance for the student; and

·      Those in attendance for the School Board. 

B.  The hearing officer will request from the Superintendent a copy of the hearing notice, read the hearing notice to the Board and include the notice in the record. If no person appears at the hearing on behalf of the parents/legal guardians or student, the hearing officer will request that the Superintendent confirm that the parents/guardians and student were provided notice of the hearing.

C. The Superintendent/designee, hereafter called “the administration,” will make an opening statement that includes an overview of the evidence, his/her recommendation, the reason(s) for the recommendation, and the legal basis for the recommended expulsion.

D.  The hearing officer will inform the student and parents/legal guardians of their rights: 

·      To hear the evidence;

·      To cross examine witnesses; and

·      To present witnesses and offer other relevant evidence.

E. The hearing officer will ask if any member of the Board finds him/herself in a possible conflict of interest situation because he/she knows the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that he/she could not impartially hear the facts and decide the issue on its merits.

F. All witnesses shall be sworn in by the hearing officer. Each witness raises his/her right hand and is asked, “Do you solemnly affirm to tell the truth, the whole truth and nothing but the truth?”

G. The administration calls its witnesses.

H. After each witness has answered all questions put by the administration, then the student/designee (hereinafter, the student) may cross-examine. This should be limited to questions and not arguments with the witness.

I. The administration may ask rebuttal questions after the student finishes questioning. 

J. Members of the Board may ask questions at the conclusion of the rebuttal.

K. The student may then call his/her own witnesses to testify, and the student may testify. All witnesses will be sworn.  The administration may cross-examine witnesses. The student may ask rebuttal questions. After the rebuttal questions, the Board may ask questions.

L. When all the student’s witnesses have completed testimony (including the student), the administration may call additional rebuttal witnesses who may be cross-examined.

M. At the end of the testimony, the administration shall make a statement, which should include its recommendations. The same may then be done by/for the student.

N. The Board should then deliberate in executive session. The Superintendent, Board attorney, administration, the student charged, his/her parents/legal guardians, and the student’s legal counsel may remain for deliberations. If the student and representatives elect not to be present during deliberations, the administration will also be excluded from deliberations, except that the Superintendent may remain to provide guidance to the Board if he/she was not directly involved in the investigation/presentation of evidence.

O. The Board shall discuss whether the charges are more likely than not supported by the evidence presented. The Board may discuss and/or draft proposed finding of fact(s) concerning the charges prior to leaving the executive session.

P. If the charges are more likely than not supported, the Board shall discuss whether an expulsion shall be for a specified period of time or for an indefinite period.

Q. The Board shall then leave executive session.

III.   PUBLIC SESSIONS

A. In public session, a member of the Board may make a motion to “expel a student and direct the Superintendent to provide the student and his/her parents/guardians with the Board’s findings of fact(s).”  Following a second, the Board Chair should state the motion and the Board should vote. If no motion is made to expel, the student will return to school at the conclusion of the previously-imposed administrative suspension.

If the student is expelled, a member of the Board shall make a motion as to whether the expulsion shall be for a specified period of time or for an indefinite period. If the expulsion is for an indefinite period, the Board may authorize the Superintendent to develop a re-entry plan for the student as described in Section IV below.

B. The Superintendent is responsible for notifying the parents/legal guardians (and the student) of the Board’s decision. 

IV.   RE-ENTRY PLAN GUIDELINES

       If the Board expels a student for an indefinite period of time and authorizes the Superintendent to develop a re-entry plan, the following steps are required by law.

A. The Superintendent/designee shall develop the re-entry plan in consultation with the student and his/her parents/legal guardians to provide guidance that helps the student understand what he/she must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur.

B. The Superintendent/designee shall send a certified letter or hand-deliver a letter to the parents/legal guardians of the student, giving the date, time and location of a meeting to develop a re-entry plan.

C. If the student and the student’s parents/legal guardians do not attend the meeting, the re-entry plan must be developed by the Superintendent/ designee.        

D. The re-entry plan may require the student to take reasonable measures determined by the Superintendent that will help establish the student’s readiness to return to school.  Professional services determined to be necessary by the Superintendent must be provided at the expense of the student’s parent/legal guardians and/or the student. (See policy JKF for requirements related to students with disabilities.)

E. The re-entry plan must be provided to the parents/legal guardians and the student.

F. The Superintendent shall designate an appropriate school employee to review the student’s progress with the re-entry plan at one month, three months and six months after the initial re-entry plan meeting, and at other times as determined necessary by the designated employee, in consultation with the Superintendent.

 



Cross Reference: JKF – Disciplinary Removals of Students with Disabilities 

Adopted: October 19, 2016

JKF - Disciplinary Removal of Students with Disabilities

JKF - Disciplinary Removal of Students with Disabilities

When removing students with disabilities from their regular school programs, whether as a result of a suspension, an expulsion, or any other removal covered by state and federal special education laws, it shall be the policy of MSAD #35 to comply fully with all applicable state and federal special education laws that govern such removals.

The Superintendent, in consultation with the Director of Special Education and other school administrators, may develop and promulgate procedures for implementing this policy and may, from time to time, amend those procedures as necessary.

 


Legal Reference: 34 CFR § 300.121; .519-.529 (March 1999, as amended)

Me. Spec. Ed. Reg. ch. 101 § 14 (Nov. 1999, as amended)

 

Policy Adopted: December 1, 2004

JKF-R - Disciplinary Removal of Students with Disabilities Administrative Procedure

 JKF-R - Disciplinary Removal of Students with Disabilities Administrative Procedure 

These procedures shall govern disciplinary removals of students with disabilities from their regular school program. These procedures shall be interpreted in a manner consistent with state and federal special education laws and regulations.

A. School administrators may suspend students with disabilities for up to 10 cumulative school days in the school year under the same terms and conditions as students without disabilities are suspended, subject to the limitations set forth below:

    1. In the event that a disabled student’s Individualized Education Plan (IEP) specifically lists a school response other than a suspension that must be followed for a particular type of misconduct, the school administrator shall follow the requirements of the IEP in responding to that misbehavior.
    2. When calculating the 10 cumulative school day total, school administrators shall include school days spent in an in-school suspension or removal, unless during that removal the student continued to have access to the general curriculum, to the special education services in his/her IEP, and also continued to participate with non-disabled students to the extent he/she would have in the student’s regular program.
    3. Portions of a school day that a student has been suspended would be included in determining whether the student has been removed for more than 10 cumulative school days.

B. In the event that a school administrator must remove a disabled student from his/her school program for more than 10 cumulative school days in the school year, the administrator shall ensure that the following steps are followed:

    1. After consulting with the student’s special education teacher, the school administrator shall arrange for the student to receive an appropriate level of educational services during the removal in question so as to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
    2. The administrator shall contact the District’s special education office to arrange for a meeting of the student’s Pupil Evaluation Team (PET), which should meet within 10 business days of commencing the removal in excess of 10 cumulative school days in the school year.
    3. At the PET meeting referenced above, the PET shall undertake all the responsibilities established by state and federal special education laws, including reviewing or ordering as appropriate a functional behavior assessment and a behavior intervention plan. The Team may also undertake a manifestation determination of the behaviors of concern, and must undertake that manifestation determination if the student has been removed with sufficient frequency to constitute a “change of placement” as that term is defined by state and federal law.
    4. Nothing in these procedures shall prevent the PET from undertaking functional behavior assessments, manifestation determinations, or the development of behavior plans at earlier points in time, as determined appropriate by the PET.

C. Should school officials believe that the student should remain out of his/her regular program for a sufficient length of time so as to be a “change of placement” under state and federal law, school officials shall schedule a PET meeting to consider that removal. At that meeting, the following things must occur:

    1. The Team shall review or order, as appropriate, a functional behavior assessment and shall review or order, as appropriate, a behavior intervention plan for the student. The Team shall also undertake a manifestation determination of the behaviors prompting the need for the extended removal time.
    2. If the PET chooses to remove the student from his/her regular program for a period of time that would be a change of placement, the Team shall decide upon the appropriate services for the student to receive during that removal. Those services must be calculated to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
    3. When such a removal is ordered by the PET, the family shall receive the special education statement of procedural rights as part of that decision. If possible, the chair of the PET meeting should also attempt to inform the student’s parent/guardian at the meeting that if he/she does not believe the service package ordered by the PET is appropriate, then the parent/guardian may request a due process hearing challenging the appropriateness of those services.

D. For the purpose of these procedures, a “change of placement” shall be any removal from the student’s regular school program that is for more than 10 consecutive school days in a school year, or any series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year and are considered a change of placement because of factors such as the length of each removal, the total amount of time the student is removed and the proximity of the removals to one another.

E. In any situation where the PET determines that misconduct is not a manifestation of the student’s disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner as they would be applied to students without disabilities, up to and including possible expulsion of the student in question.  During any permissible disciplinary removal in excess of 10 cumulative school days in the school year, including expulsions, the school shall provide that student with services sufficient to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.  The PET shall determine the services that meet that standard for removals sufficiently long as to constitute a change of placement.

F. Following any disciplinary removal in excess of 10 cumulative school days in the school year, the PET should meet to review the student’s most recent functional behavior assessment, or if one has not been done, to order that such an assessment occur, as appropriate. Following the completion and/or review of the functional behavior assessment, the Team shall develop and/or review, as necessary, the behavior intervention plan and order changes in such a plan, if appropriate, to address the behaviors of concern.

G. In those circumstances where a student brings a weapon to school, to a school function, or on school transportation, or where a student possesses, uses, sells or attempts to sell illegal drugs at school, a school function, or on school transportation, school officials may place that student out of school for up to 45 days, shall provide educational services for the student, and shall schedule a PET meeting to occur within 10 business days of the removal. At that PET meeting, the Team shall undertake all necessary actions discussed in these procedures for responding to removals that constitute a change of placement for the student. Determinations regarding what should happen with the student after the 45-day removal shall also be made by the PET, consistent with these procedures and state and federal law




Legal Reference: 34 CFR § 300.121; .519-.529 (March 1999, as amended)

Me. Spec. Ed. Reg. ch. 101 § 14 (Nov. 1999, as amended)

 

Policy Adopted: December 1, 2004

JL - Student Wellness

JL - Student Wellness

The Board recognizes that student wellness and good nutrition are related to students’ physical and psychological well-being and their readiness to learn. The Board is committed to providing a school environment that supports student wellness, healthy food choices, nutrition education, and regular physical activity. The Board believes that students who learn and practice healthy lifestyles in their formative years may be more likely to be conscious of the importance of good nutrition and exercise as adults, practice healthy habits, and reduce their risk of obesity, diabetes and other chronic diseases.

Mental, Social and Emotional Health

MSAD 35 believes in the education and caring of the total child. This educational philosophy includes fostering, developing and caring for the social, emotional and mental wellness of our students. MSAD 35 will take the time to develop a systematic approach to partnering with families to support the development of healthy, well-rounded learners.  

Nutrition Standards

The school unit will ensure that meals provided by its Food Services Program meet the nutrition standards established by the National School Lunch Program, the School Breakfast Program, and other applicable Federal child nutrition programs. 

Other foods and beverages sold or available for sale to students during the school day (“competitive foods”) will meet the federal Smart Snacks guidelines.

Water 

To promote hydration, free, safe, unflavored drinking water will be available to students throughout the school day, including mealtimes, at every school.

Nutrition Education

Nutrition education will be integrated into the instructional program through the health education program and/or the curriculum as aligned with the content standards of Maine’s system of Learning Results. Nutrition education should focus on skills students need to adopt and maintain healthy eating behaviors. Students should receive consistent nutrition messages throughout the schools, including classrooms, cafeteria, and school-home communications.

Nutrition Promotion

Schools will support healthful eating by students and encourage parents/guardians to provide healthy meals for their children by providing consistent nutrition messages and information and by cooperation with other agencies and organizations.

Staff Qualifications and Professional Development 

All school nutrition program directors, managers and staff will meet or exceed hiring and annual continuing education/training requirements in the USDA standards for school nutrition professionals.

Foods and Beverages for Celebrations and Rewards

The Board delegates to the Superintendent/designees the responsibility for guidelines for “healthy celebrations,” with the intent that refreshments served at parties or celebrations during the school day, whether supplied by parents or staff, meet the “Smart Snacks” standards.

Foods used as rewards in the instructional program must meet “Smart Snacks” standards.

Physical Activity

The school unit will strive to provide all students developmentally appropriate opportunities for physical activity through physical education classes, recess periods for elementary school students, and extracurricular activities (clubs, intramural and interscholastic athletics). School programs are intended to build and maintain physical fitness and to promote healthy lifestyles. The schools should encourage parents to support their children’s participation in physical activities, including available before- and after-school programs.

Other School-Based Activities

The schools, with prior approval of the Superintendent/designee, may implement other appropriate programs that support consistent wellness messages and promote healthy eating and physical activity.

The school unit may develop programs that encourage staff to learn and engage in healthy lifestyle practices.

Leadership

The Superintendent/designee shall be responsible for the oversight of development and implementation of the wellness policy in the schools. This includes ensuring that the school unit evaluates its schools’ compliance with the wellness policy and progress in attaining wellness goals and making required information available to the public. 

The evaluation process must include a comparison of the wellness plan with model local wellness policies, and it may include surveys or solicitation of input from students, parents, staff, and school administrators, including suggestions for improvement in specific areas.

Annual Notification of Policy

The school unit will annually inform families and the public of basic information about the wellness policy, including its content, any updates, and implementation status. This information will be made available on the school unit’s website. It will include the contact information for the person coordinating the wellness committee as well as information about opportunities for the public to get involved with the wellness committee.

Triennial Progress Assessments

Every three years, the Director of School Nutrition will:

Assess extent to which the school unit’s schools are in compliance with the wellness policy;

Assess the extent to which the school unit’s wellness policy compares to model wellness policies; and

Provide a description of the progress made in attaining the goals of the school unit’s wellness policy.

The school unit’s wellness committee will update the wellness policy based on the results of the triennial assessment and/or as:

The school unit’s priorities change;

Community needs change;

Wellness goals are met; 

New evidence-based health science emerges; or

New or updated Federal or State regulations are issued. 

 Parent Communications

The school unit will inform parents of improvements that have been made to school meal standards; availability of child nutrition programs and how to apply; the school unit’s meal charging policy; and a list of healthy celebration party ideas (including a list of foods and beverages that meet the Smart Snacks standards). 

Food and Beverage Advertising in Schools and On School Grounds 

Brand-specific advertising of food or beverages is prohibited in school buildings and on school grounds except for those meeting the standards for sale or distribution on school grounds in accordance with 20-A MRSA § 6662(2), i.e., those that meet Smart Snacks standards).

The Board regards the following as “advertising” for the purpose of this policy: 

Brand names, logos or tags, except those that are present as labels on the food or beverage product or its container;

Displays, such as vending machine exteriors;

Corporate brands logos, names or trademarks on school equipment such as message boards or scoreboards;

Corporate brands, logos, names or trademarks on cups used for beverage dispensing, menu boards, coolers, trash cans and other food service equipment;

Corporate brands, logos, names or trademarks on posters, book covers, or school supplies distributed or offered by the school unit;

Advertisements in school and school unit publications or mailings; 

Product coupons or free samples.

“Advertising” does not include advertising on broadcast media or in print media such as newspapers and magazines, clothing with brand images worn on school grounds or advertising on product packaging. 

Corporate brand names, logos and trademarks for companies that market products that comply with the USDA Smart Snacks in School nutrition standards will not be prohibited solely because they offer some noncompliant food or beverage items in their product line.

Appointment and Role of the Wellness Committee

The Board shall appoint a district-wide Wellness Committee comprised of at least one of each of the following:

A.    Board member;

B.    School administrator;

C.    Food Services Director/designee;

D.    Student representative; 

E.    Parent representative; and/or

F.     Community representative.

The Wellness Committee may also include: 

A.    School nurse and/or other school health professional;

B.    Physical education teacher;

C.    Guidance counselor;

D.    Social worker;

E.    Community organization or agency representative;

F.     Other staff, as designated by the Board; and/or

G.    Other persons, as designated by the Board.

The Wellness Committee shall serve as an advisory committee in regard to student wellness issues and will be responsible for making recommendations related to the wellness policy, wellness goals, administrative or school regulations and practices, or raising awareness of student health issues. 

With the prior approval of the Superintendent/designee, the Wellness Committee may survey parents, students and the community and/or conduct focus groups or community forums.

The Wellness Committee shall provide periodic reports to the Superintendent/ designee and, as requested, to the Board. 

Wellness Goals 

The Board has identified the following goals associated with student wellness:

Goals for Nutrition Education

The schools will provide nutrition education that focuses on the skills students need to adopt and maintain healthy eating behaviors. 

The schools’ nutrition education will be provided in a sequential, comprehensive health education program aligned with the content standards of the Maine system of Learning Results.

Nutrition education will be integrated into other subjects as appropriate to complement, not replace, the health education program.

The school unit will provide foods that meet or exceed the federal nutrition standards, adequate time for students to obtain food and eat, lunch scheduled at appropriate hours of the day (OR: as close to the middle of the school day as possible), adequate space to eat, and a clean and safe meal environment.  

Appropriate professional development will be provided for food services staff.

Goals for Nutrition Promotion

School unit staff will cooperate with agencies and community organizations to provide opportunities for nutrition-related student projects and learning experiences.

Consistent nutrition messages will be disseminated throughout the school unit in the classroom, the cafeteria, and school-home communications.

Administrators and staff will be encouraged to model nutritious food choices and eating habits.

Schools will encourage parents/guardians to provide healthy meals and snacks for their children though take-home materials or other means.

Students will have access to clean and safe drinking water throughout the school day and during school activities.

Schools will promote consumption of water as an essential element in maintaining overall health and wellness.

Goals for Physical Activity

The physical education program will provide students with the knowledge and skills needed to be physically fit and take part in healthful physical activity on a regular basis.

Students will develop motor skills and apply them to enhance their coordination and physical performance. 

Students will demonstrate responsible personal and social behaviors in physical activity settings.

The physical education curriculum will be aligned with the content standards of the Maine system of Learning Results.

Physical education classes will keep all students involved in purposeful activity for a majority of the class period.      

Physical education classes will provide opportunity to learn for students of all abilities.

The schools will provide a physical and social environment that encourages safe and enjoyable physical activity and fosters the development of a positive attitude toward health and fitness.

The schools will provide facilities adequate to implement the physical education curriculum for the number of students served.

Schools will promote efforts to provide opportunities for students to engage in age-appropriate activities on most days of the week in both school and community settings.

The schools will provide opportunities for physical activity through a variety of before - and/or after-school programs including, but not limited to, intramural sports, interscholastic athletics and physical activity clubs. 

Appropriate professional development will be provided for physical education staff and other staff involved in the delivery of such programs.

Goals for Other School-Based Activities

Goals of the wellness policy will be considered when planning school or classroom parties, celebrations or events.

Parents will be encouraged to provide nutritionally sound snacks from home and food for classroom parties or events.

Schools will encourage maximum participation in school meal programs.

Schools will encourage parents and students to take advantage of developmentally appropriate community-based after-school programs that emphasize physical activity.

The schools will encourage parents to support their children’s participation in physical activity, to be physically active role models, and to include physical activity in family events.

As feasible, school physical activity facilities will be made available after school hours for student, parent and community use to encourage participation in physical activity.

School administrators, staff, parents, students and community members will be encouraged to serve as role models in practicing healthy eating and being physically active, both in the school environment and at home. 

Student organizations will be encouraged to engage in fundraising projects that are supportive of healthy eating and student wellness.

School-based marketing of foods and beverages, such as through advertisements in school publications, school buildings, athletic fields, and other areas accessible to students should support the goals of the wellness policy.                                      

The schools are encouraged to cooperate with agencies and community organizations to support programs that contribute to good nutrition and physical activity.

 



Legal Reference: 42 U.S.C. § 1751 (Healthy, Hunger-Free Kids Act)

7 CFR Parts 210 and 220

20-A MRSA § 6662

 

Cross Reference: KHB - Advertising in Schools

EFE - Competitive Food Sales/Sales of Foods in Competition with the School Food Service Program        

 

Policy Adopted: August 16, 2006

Policy Reviewed: June 20, 2018

Policy Revised: February 12, 2020


JLA - Student Accident and Athletic Insurance

JLA - Student Accident and Athletic Insurance

The Board of Directors of MSAD #35 will annually make available for purchase a student accident/medical insurance policy.  Students shall not be required to purchase such a policy; however, the Board of Directors does not provide such insurance unless the student or parent purchases it. 

Students who participate in interscholastic athletics are required to provide proof of accident/medical insurance in order to participate. 

 

Cross Reference: JJIA - Eligibility for Participation in Extracurricular and Interscholastic Activities at Marshwood High School.

Policy Adopted: May 7, 1980

Policy Revised:  March 15, 2023

Policy Reviewed: May 17, 1995, October 20, 2004






JLA-E1 - Student Accident and Athletic Insurance Form

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JLCB - Immunization of Students

JLCB - Immunization of Students

All children enrolled in MSAD #35 are required by Maine law to have the immunization requirements listed in JLCB-R. 

A student who is enrolled in a distance education program offered by a school and who does not physically attend any classes or programs at a school facility, including a campus, center or site of that school, or other facility of another school, are exempt from these requirements. 

Non-immunized students shall not be permitted to enroll in school, or to attend school or school activities, unless one of the following conditions is met: 

A. The parents/guardians provide to the school written assurance that the child will be immunized within 90 days of enrolling in school or their first attendance in classes, whichever date is earlier. This option is available only once to each student during their school career; or

B. The parents/guardians provide a written statement from a licensed physician, nurse practitioner or physician assistant each year that, in that individual’s professional judgment, immunization against one or more diseases may be medically inadvisable;

C. A student covered by an Individualized Education Plan (IEP) on September 1, 2021, who had an exemption based on their sincere religious belief or for philosophical reasons on or prior to September 1, 2021 pursuant to the law in effect prior to that date may continue to attend school under that student’s existing exemption as long as:

1.     The parents/guardians of the student provide a statement from a licensed physician, nurse practitioner or physician assistant that they have consulted with the parents/guardians and has made the parents/guardians aware of the risks and benefits associated with immunization; or

2.     If the student is 18 years of age or older, the student provides a statement from a licensed physician, nurse practitioner or physician assistant that they have consulted with that student and has made that student aware of the risks and benefits associated with immunization. 

Exclusion of Students from School

The Superintendent shall exclude from school and any non-immunized student when a public health official has reason to believe that the student’s continued presence in school presents a clear danger to the health of others. Any such student shall be excluded during the period of danger (as defined by health officials) or until the student receives the necessary immunization.

The Superintendent may also exclude from school: 1) a student who presents a public health threat in accordance with applicable laws or 2) a student who has been exposed to a communicable disease, upon the direction of a physician who has consulted with the Bureau of Health.

Arrangements shall be made for students who are excluded from school to receive and complete school assignments if possible, and to make up missed examinations and other work within a reasonable time upon their return to school.

The Superintendent/designee is directed to develop such administrative procedures as are necessary to carry out this policy and comply with statutory requirements.

 

 

Legal Reference: 20-A MRSA §§ 6301; 6352-6359

Chapter 126 (Me. Dept. of Ed. Rules)

 

Cross Reference: JLCB-R – Immunization of Students Procedure

JLCC – Communicable/Infectious Diseases

JFAA, JFAA-R1/R2 - Admission of Resident Students and Procedures

JFAB – Admission of Non Resident Private Tuition Students

JFABD and JFABD Exhibit A – Admission of Homeless Students and Notice

JGAA – Assignment of Students to Classes-Five Year Olds

JGAB – Assignment of Students to Classes-Transfer Students and Home Schooling Students

JRA – Student Educational Records

 

Policy Adopted: May 7, 2003

Policy Revised: November 14, 2018, March 16, 2022

JLCB-E1 - Request for Medical Exemption form Mandatory Immunization

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Printable PDF linked below!

--------> Medical_Exemption_form_Mandatory Immunization_JLCB-E1.pdf


JLCB-E2 - Immunization Signature Form for Enrollment

JLCB-E2 - Immunization Signature Form for Enrollment 

I. My child is fully immunized and proof has been submitted with this form.

PARENT/GUARDIAN ________________________   DATE _____

RN SIGNATURE: ____________________________   DATE _____


II. I understand that within 90 days of enrollment, my child needs to show proof of immunization against the diseases listed above. Students transferring from one school system to another within Maine, have 21 days to demonstrate proof of immunity.

PARENT/GUARDIAN ___________________________ DATE ______

RN SIGNATURE: ______________________________ DATE _____


III. I have received a copy of the MSAD 35 Vaccination Catch Up Plan

PARENT/GUARDIAN _________________________________ DATE ______

RN SIGNATURE: ___________________________________ DATE ______


IV. I have received a copy of the ME AAP Medical Exemption Form

PARENT/GUARDIAN _______________________________ DATE ______

RN SIGNATURE: _________________________________ DATE _____


V. My child had both an IEP and religious or philosophical exemptions in place prior to Sept 2021 and I have received a copy of the Immunization Exemption Form

PARENT/GUARDIAN __________________________ DATE ______

RN SIGNATURE: _____________________________ DATE _____


Cross Reference: JLCB and JLCB-R

Policy Adopted: March 16, 2022

JLCB-E3 - MSAD 35 Vaccination Catch Up Plan

JLCB-E3 - MSAD 35 Vaccination Catch Up Plan  

Vaccine

Date

Date

Date

Date

Date

Dtap

 

 

 

 

 

Polio

 

 

 

 

 

MMR

 

 

 

 

 

Varicella

 

 

 

 

 

Tdap

 

 

 

 

 

Meningococcal

 

 

 

 

 

This student is following the above schedule to get caught up on Maine Immunization requirements for school attendance. Please consult with your PCP, have this document signed by him or her and return a copy of it to your school nurse. Please have it updated at each visit and send documentation of immunization to your child’s school nurse.

Student: ____________________________________

Parent: _____________________________________

Health Care Provider (MD, DO, NP or PA):

Print: _____________________________

Signed: ___________________________

 

Cross Reference: JLCB and JLCB-R

Policy Adopted: March 16, 2022

JLCB-E4 - Immunization Exemption Form IEP

JLCB-E4 - Immunization Exemption Form IEP

Student Name: _______________________________ Date of Birth: ____________________

In accordance with MRS 20-A §6355, a student covered by an Individualized Education Plan on September 1, 2021 who  elected a philosophical or religious exemption from immunization requirements on or before September 1, 2021 pursuant  to the law in effect prior to that date may continue to attend school under that student's existing exemption as long as: 

A. The parent or guardian of the student provides a statement from a licensed physician, nurse practitioner or physician  assistant that the physician, nurse practitioner or physician assistant has consulted with that parent or guardian and has  made that parent or guardian aware of the risks and benefits associated with the choice to immunize; or 

B. If the student is 18 years of age or older, the student provides a statement from a licensed physician, nurse practitioner or physician assistant that the physician, nurse practitioner or physician assistant has consulted with that student and has  made that student aware of the risks and benefits associated with the choice to immunize.

I/we have elected to have a philosophical or religious exemption from immunization requirements for this person prior to  Sept 1, 2021 and are continuing to do so as this person has an individualized education program (IEP) in place.

This exemption is for the following immunizations:

o All required immunizations, please reference JLCB-R Maine School Immunization Requirements.

o The following specific immunizations: 

o Diphtheria, Tetanus, Pertussis

o Polio

o Measles/Mumps/Rubella

o Varicella

o Meningococcal disease

I understand that I must provide a statement from a healthcare provider as listed above to accompany this form and must  do this annually. The Special Education Director of this person’s school district will certify that an IEP is currently in  place on or before September 1, 2021.

I understand that in the case of an outbreak of a specific disease, for which my child is not protected, my child may be kept out of school and school activities as advised by the Maine Centers for Disease Control and Prevention. The length of time my child will be kept out may vary depending on the disease and the length of the outbreak. I also understand that if my child is kept out of school, the school is not required to provide off-site classes or tutoring. The child’s educational needs may be met by making arrangements for the delivery of school assignments, correction of papers, and similar activities which can be accomplished at home. Any child who is unable to take examinations during this period shall be afforded the opportunity to make up the examinations, similar to arrangements made for children who have other excused absences.

__________________________________________________________________________________________________

Printed Name and Signature                                   Relationship to student                            Date

---------------FOR SCHOOL USE ONLY--------------- 

⧠ Statement from healthcare provider received. 

⧠ I, _____________________________, a school administrative unit representative for Special Education, certify that an IEP is in place for the student listed above on or before September 1, 2021 which makes them eligible to maintain the philosophical or religious exemption for immunization requirements.

_____________________________________________

Signature Date


Maine Department of Education Template Updated 3/2021

 

Cross Reference: JLCB and JLCB-R

Policy Adopted: March 16, 2022

JLCB-R - Maine School Immunization Requirements

JLCB-R - Maine School Immunization Requirements

All children enrolled in MSAD #35 are required by Maine law to have the following immunizations.

Required for Kindergarten entry:

• 5 DTaP (4 DTaP if 4th is given on or after 4th birthday)

 

• 4 Polio (3 Polio if the 3rd is given on or after the 4th birthday)

 

• 2 MMR (measles, mumps, rubella)

 

• 2 Varicella (chickenpox)

Required for PreK entry:

• 4 DTaP

 

• 3 Polio

 

• 1 MMR

 

• 1 Varicella (chickenpox)


Required for 7th grade entry:

• All previously required vaccines

 

• 1 Tdap


• 1 Meningococcal Conjugate Vaccine (MCV4)

Required for 12th grade entry:

• All previously required vaccines

 

• 2 MCV4 (only one dose is required if the 1st dose is given on or after 16th birthday)

OR

● Medical exemption for one or all vaccines

● Laboratory evidence of immunity to specific diseases or reliable history of disease documented by a physician or other primary care provider

● Philosophical or religious exemptions are only allowable for students with an IEP and exemption in place prior to September 1, 2021

Each immunization entry must include the vaccine type, date administered and the name of the provider. As of September 1, 2021 only medical exemptions are allowable except as described in Title 20-A §6355

For more information:

Maine Department of Education

Office of School and Student Supports

Email: DOESchoolandStudentSupports@maine.gov  

https://www.maine.gov/doe/schools/safeschools/healthed/nurseresources/manual/immunization 

Maine Department of Education - Updated 9/25/2021

 

Cross references: JLCB Immunization of Students

Policy Revised: March 16, 2022

JLCC - Communicable/Infectious Diseases

JLCC - Communicable/Infectious Diseases

Teachers shall be alert to signs of illness and communicable disease and refer students who show such symptoms to the school nurse.

The Superintendent/school nurse shall be responsible for notifying Maine Center for Disease Control and Prevention (CDC) of any student suspected of having a communicable disease, the occurrence of which is required to be reported pursuant to law and/or Department of Health and Human Services (DHHS) rules. The building principal shall be notified of all communicable disease cases and contacts in the school.

Any student for whom the CDC has prescribed isolation or quarantine shall be excluded from school and school activities.

Students who have communicable diseases shall be excluded from school as prescribed by law, or shall observe other protective procedures according to recommendations issued by the school physician.

When a student returns to school after having had a communicable disease, a certificate from the attending physician is required. The building principal and/or the school nurse must give permission before the student is readmitted to class.


 

Legal Reference: 5 MRSA § 19201 et seq.

20-A MRSA §§ 1001(11)(A), 6301

22 MRSA §§ 801, 802, 806, 823, 824

Maine Dept. of Health and Human Services Rule Ch. 258 (2015)

 

Policy Adopted: March 5, 2014

Policy Reviewed: February 16, 2022

Policy Revised: February 16, 2022             

JLCD - Administration of Medication to Students

JLCD - Administration of Medication to Students

The Board discourages the administration of medication to students during the school day when other options exist, but recognizes that in some instances it may be necessary for a student to have medication administered to him/her while the student is in attendance at school. The school will not deny educational opportunities to students requiring the administration of medication in order to remain in attendance and participate in the educational program.

The intent of this policy is to promote the safe administration of medications to students by school personnel and to provide for authorization of student emergency self-administration of medication from asthma inhalers and epinephrine auto-injectors.

This policy does not apply to medical marijuana, which is addressed in the Board’s policy JLCDA, Medical Marijuana in Schools.

This policy also authorizes the adoption of a “collaborative practice agreement” for the purposes of stocking and administration of epinephrine autoinjectors by the school nurse or designated trained school personnel to any student during school or a school-sponsored activity under emergency circumstances involving anaphylaxis.

This policy also authorizes the adoption of a “collaborative practice agreement” to provide for the possession and administration of naloxone hydrochloride by the school nurse or designated trained school personnel to students, staff, or visitors during school or a school-sponsored activity or otherwise on school grounds in emergency circumstances involving an opioid overdose or apparent opioid overdose.

The Board encourages collaboration between parents/guardians and the schools in matters involving student medication.

The Board disclaims any and all responsibility for the diagnosis, prescription of treatment, and administration of medication for any student, and for any injury arising from a student’s self-administration of medication.

1. DEFINITIONS

“Administration” means the provision of prescribed medication to a student or other persons according to the orders of a health care provider.

“Collaborative practice agreement” means a written and signed agreement between a physician licensed in Maine or a school health advisor, as defined in 20-A MRSA §6402-A, and a school nurse that provides for the prescription of epinephrine auto-injectors by the physician or school health advisor and administration of epinephrine injectors by the school nurse or designated school personnel to students during school or a school-sponsored activity under emergency circumstances involving anaphylaxis or as defined in 20-A MRSA § 6307 that  provides for the prescription of naloxone by the physician or school health advisor  and the administration of naloxone by the school nurse or designated school personnel to students, staff, or visitors during school or a school-sponsored activity or otherwise on school grounds under emergency circumstances involving an opioid overdose or apparent opioid overdose.

“Designated school personnel” are unlicensed school personnel who have completed such training in administration of medication as may be required by Maine statutes or DOE rules and who have been authorized by the school nurse to administer medication. 

“Health care provider” means a medical/health practitioner who has a current license in the State of Maine with a scope of practice that includes prescribing medication.

“Indirect supervision” means the supervision of an unlicensed school staff member when the school nurse or other health care provider is not physically available on site but immediately available by telephone.

“Medication” means prescribed drugs and medical devices that are controlled by the U.S. Food and Drug Administration and are ordered by a health care provider. It includes over-the-counter medications prescribed through a standing order by the school physician or prescribed by the student’s health care provider.  For the purpose of this policy, “medication” includes epinephrine and naloxone hydrochloride, but does not include medical marijuana.

“Parent” means a natural or adoptive parent, a guardian, or a person acting as a parent of a child with legal responsibility for the child’s welfare.

“School nurse” means a registered professional nurse with Maine Department of Education certification for school nursing.

“Self-administration” is when the student administers medication independently to him/herself under indirect supervision of the school nurse.

“Unlicensed school personnel” are persons who do not have a professional license that allows them, within the scope of that license, to administer medication.

2. ADMINISTRATION OF MEDICATION BY SCHOOL PERSONNEL

A. Parental Request

In the event that no reasonable alternative exists, the parent/guardian may request in writing that medication be administered to the student during the school day.  The written request must include an acknowledgement and agreement that unlicensed personnel may administer the medication as per the health care provider’s instructions.  In addition, the request shall indicate that information regarding the student’s medication may be shared with appropriate school personnel.  Parents may provide the reason (diagnosis) requiring the administration of medication.

Requests shall be valid for the current school year only.

B. Requests to Administer Medications Pursuant to Health Provider Order

The following procedure must be followed for any prescription or over the counter medication to be administered to a student pursuant to a health care provider’s order. Such an order must be obtained from a medical/health practitioner who has a current Maine license with a scope that includes administering medication. This section does not apply to the administration of medical marijuana; please see policy JLCDA for specific requirements.

1. The parent/legal guardian shall obtain a copy of the M.S.A.D. #35 Request/Permission to Administer Medication in School Form and Board Policy JLCD from the school nurse.

2. The parent/legal guardian and the student’s health care provider shall complete and sign the Administration of Medication to Students Authorization Form – JLCD-E2

3. The parent/legal guardian shall return the Request/Permission Form to the school nurse along with the medication:

a. In the original container (and in the case of prescription medications, appropriately labeled by the health care provider or pharmacy)

b. Including no more than the amount of medication necessary to comply with the health provider’s order.

4. The school nurse shall review the Request/Permission form for completeness and clarity. If the nurse has any questions or concerns about the form, he/she will contact the parent/legal guardian and/or health care provider, as appropriate, for more information.

5. If there is a later change in the medical order (such as change in dose, frequency or type of medication), a new Request/Permission form must be completed.

6. Medication orders must be renewed at least annually.

7. Medication no longer required (or remaining at the end of the school year) must be removed by the parent/legal guardian. Medication not removed by the parent/legal guardian in a timely manner shall be disposed of by the school unit.

8. The Board disclaims any and all responsibility for the diagnosis, prescription of treatment, and administration of medication for any student.

It is the responsibility of the school nurse to clarify any medication order that he/she believes to be inappropriate or ambiguous.  In accordance with Department of Education Rule Chapter 40 § 2(B), the school nurse may decline to administer a medication if he/she believes such administration would jeopardize student safety.  In this case, the school nurse must notify the parent, the student’s health care provider and the school administrator (i.e., building principal or designated administrator). 

C. Administration of Epinephrine Autoinjectors to Students Without A Prescription

M.S.A.D. #35 has a “collaborative practice agreement” which allows the administration of an Epinephrine Autoinjectors and/or Diphenhydramine (Benadryl) to a student who does not have a prescription in an emergency when the student is experiencing anaphylaxis during school or a school-sponsored activity. The epi-pen must be administered by the school nurse or other authorized unlicensed personnel who has received the training required by this policy and the collaborative practice agreement.

D. Renewal of Parent Permission Requests/Forms and Health Care Provider Orders

Written parental permission requests/forms and health care provider orders must be renewed at least annually. Health care provider orders must be renewed whenever there are changes in the order.

E. Delivery and Storage of Medication 

The student’s parents shall deliver any medication to be administered by school personnel to the school in its original container and properly labeled. In the event that this is not practical, the parent must contact the school to make alternate arrangements.

No more than a 21-day (one month) supply of medication shall be kept at school, excluding inhalers and epinephrine autoinjectors. The parent is responsible for the replenishment of medication kept at school. 

The parent is responsible for notifying the school of any changes in or discontinuation of a prescribed medication that is being administered to the student at school. The parent must remove any medication no longer required or that remains at the end of the school year.

The designated school official shall be responsible for developing and implementing procedures for the appropriate and secure storage of medications kept at school, and all medications shall be stored in accordance with this procedure. 

F. Recordkeeping 

School personnel and the student’s parent shall account for all medication brought to school.  The number of capsules, pills or tablets, and/or the volume of other medications brought to school shall be recorded. 

School staff administering medication shall document each instance the medication is administered including the date, time, and dosage given.

The designated school official shall maintain a record including the parent’s request, physician’s order, details of the specific medications (including dosage and timing of medication), and documentation of each instance the medication is administered.

Records shall be retained according to the current State schedules pertaining to student health records.

G. Confidentiality

To the extent legally permissible, staff members may be provided with such information regarding medication and its administration as may be in the best interest of the student.

H. Administration of Medication

The school nurse, under the administrative supervision of the Superintendent, will provide direction and oversight for the administration of medication to students.

Medication may be administered during the school day and any school activities by licensed medical personnel acting within the scope of their licenses.

All unlicensed personnel (principals, teachers, education technicians, school secretaries, coaches, bus drivers, etc.) who administer medication must receive training before being authorized to do so.

Based upon the documentation of training and competency in the administration of medication, the school nurse will make recommendations to the Superintendent/designee pertaining to authorization of unlicensed persons to administer medication.  Training that shall be acceptable for the purpose of authorization of unlicensed personnel is addressed under the section of this policy titled “Required Training of Unlicensed Personnel to Administer Medication.”

I. Administration of Medication During Off-Campus Field Trips and School-Sponsored Events

The school will accommodate students requiring administration of medication during field trips or school-sponsored events as follows:

The school nurse, principal, and, as appropriate, the school unit’s Section 504 Coordinator and/or IEP, will determine whether an individual student’s participation is contraindicated due to the unstable/fragile nature of his/her health condition, the distance from emergency care that may be required, and/or other extraordinary circumstances. The student’s parent and primary care provider will be consulted in making this determination.  The decision will be made in compliance with applicable laws, including the IDEA, § 504 and the Americans with Disabilities Act (ADA).

The parent must provide the appropriate number of doses needed for the duration of the field trip or school-sponsored event.

When there are no contraindications to student participation, an appropriately trained staff member will be assigned to administer medication.  The parent will be encouraged to accompany the student, if possible, to care for the student and administer medication.

All provisions of this policy shall apply to medications to be administered during off-campus field trips and school-sponsored events.  As practicable, the DOE’s “Procedure for Medication Administration on School Field Trips” will be followed.

J. Student Self-Administration of Asthma Inhalers and Epinephrine Autoinjectors 

Students with allergies or asthma may be authorized by the building principal, in consultation with the school nurse, to possess and self-administer emergency medication from an epinephrine autoinjector or asthma inhaler during the school day, during field trips, school-sponsored events, or while on a school bus. The student shall be authorized to possess and self-administer medication from an epinephrine autoinjector or asthma inhaler if the following conditions have been met. 

1. The parent (or student, if 18 years of age or older) must request in writing authorization for the student to self-administer medication from an epinephrine autoinjector or asthma inhaler.

2. The student must have the prior written approval of his/her primary health care provider and, if the student is under the age of 18, the prior written approval of his/her parent/guardian. The written notice from the student’s primary care provider must specify the name and dosage of the medication, frequency with which it may be administered, and the circumstances that may warrant its use.

3. The student’s parent/guardian must submit written verification to the school from the student’s primary care provider confirming that the student has the knowledge and the skills to safely possess and use an epinephrine autoinjector or asthma inhaler.

4. The school nurse shall evaluate the student’s technique to ensure proper and effective use of an epinephrine autoinjector or asthma inhaler taking into account the maturity and capability of the student and the circumstances under which the student will or may have to self-administer the medication.

5. The parent will be informed that the school cannot accurately monitor the frequency and appropriateness of use when the student self-administers medication, and that the school unit will not be responsible for any injury arising from the student’s self-medication.

Authorization granted to a student to possess and self-administer medication from an epinephrine autoinjector or asthma inhaler shall be valid for the current school year only and must be renewed annually.

A student’s authorization to possess and self-administer medication from an epinephrine autoinjector or asthma inhaler may be limited or revoked by the building principal after consultation with the school nurse and the student’s parents if the student demonstrates inability to responsibly possess and self-administer such medication.

To the extent legally permissible, staff members may be provided with such information regarding the student’s medication and the student’s self- administration as may be in the best interest of the student. 

Sharing, borrowing, or distribution of medication is prohibited.  The student’s authorization to self-administer medication may be revoked and the student may be subject to disciplinary consequences for violation of this policy.

K. Administration of Over-the-Counter Medications 

With prior written parent permission, students may receive certain over the counter medications at school, e.g., Tylenol, Ibuprofen, Tums, cough drops, etc. pursuant to a standing order from the school physician/school health advisor.

L. Required Training of Unlicensed Personnel to Administer Medication 

Unlicensed school personnel who administer medication to students in a school setting (at school, on school transportation to or from school, on field trips, or during school-sponsored events) must be trained in the administration of medication before being authorized to carry out this responsibility. Such training must be provided by a registered professional nurse or physician and include the components specified in Department of Education Rules Chapter 40 and other applicable Department of Education standards, recommendations, programs, and/or methodologies. 

The trainer shall document the training and competency of unlicensed school personnel to administer medication.  Based upon a review of the documentation of training and competency in the administration of medication, the school nurse will make recommendations to the Superintendent/designee pertaining to authorization of such unlicensed personnel pertaining to authorization to administer medication.

Following the initial training, a training review and information update must be held at least annually for those unlicensed school personnel authorized to administer medication.

M. Delegation and Implementation 

The Superintendent/designee shall be responsible for developing administrative procedures and/or protocols to implement or supplement this policy.

Such procedures/protocols shall include direction regarding:

1.  Safe transport of medication to and from school;

2. Administration of medication during field trips and school-sponsored events;

3. Accountability for medications, particularly those regulated by Schedule II of the Controlled Substances Act;

4.  Proper storage of medication at school;

5. Training of appropriate staff on administration of emergency medications including the standards for the signs and symptoms of anaphylaxis and the use of epinephrine autoinjectors for previously unknown severe allergies;

6. The procedure to follow in the event of a medication reaction;

7. Access to medications in case of a disaster;

8.  The process for documenting medications given and medication errors; and

9.  The proper disposal of medications not retrieved by parents.

A student who uses prescribed medication in accordance with this policy may not be excluded (suspended or expelled) from school or school activities because they require prescribed medication to attend school.

20-A M.R.S.A. §§ 254(5); 4009(4); 4502 (5)(N); 6305

Me. Dept. of Ed. Rule Ch. 40 (2016)

21 USC §801 et. seq. (Controlled Substances Act)

28 C.F.R. Part 35 (Americans with Disabilities Act of 1990)

34 C.F.R. Part 104 (Section 504 of the Rehabilitation Act of 1973)

34 C.F.R. Part 300 (Individuals with Disabilities Education Act)

Cross Reference: 

JLCD-E1 Administration of Medication to Students on School Field Trips (Me. DOE)  

JLCDA – Medical Marijuana in Schools


Policy Adopted: May 7, 1980 

Policy Revised: August 19, 1987; January 6, 1999; June 20, 2001; September 21, 2005; March 16, 2016; February 28, 2018; August 18, 2021; October 18, 2023

JLCD-E1 - Administration of Medication to Students on School Field Trips

JLCD-E1 - Administration of Medication to Students on School Field Trips

  1. Any unlicensed personnel administering medications must hold documentation of their training in the administration of medication, including personnel administering medication on a field trip.
  2. There must be written permission from the parent/guardian providing consent to administer the medication in school and a written physician's order and/or an appropriately labeled original medication container.
  3. Either a standardized preprinted medication label or preprinted envelope containing the information described below or medication in its original container will be used for students attending a field trip.
  4. When using a preprinted label or preprinted envelope, the school nurse shall transfer the prescribed amount of medication needed for the field trip from the original medication container into the approved envelope and fill in the appropriate information on the envelope.
  5. The envelope will be provided to the trained personnel for administration during the trip. The school nurse will provide a review of the medication and its administration to the trained personnel on an as needed basis. All trained personnel administering medication must understand what to do in an emergency.
  6. The medication will be transported and stored in compliance with any special directions for the medication and will be secured as safely as possible.
  7. The administration of medication on a field trip will duplicate as much as possible, the guidelines found in the “Guidelines for Training of Non-Licensed Personnel in Medication Administration”. This will include consideration of student privacy and cleanliness of the area where medications are administered.
  8. Medication will be administered to the student to assure that the right student receives the right medication, with the right dose, at the right time, by the right route. The trained personnel administering the medication will double-check the student with the medication label and will double-check the dose. The medication will be given within 30 minutes either side of the prescribed time.
  9. Each school district will develop a method of documenting medications administered on the field trip, recording any unexpected occurrences, and a method of returning any medication not administered.

The medication envelope or label will contain the following information:

  1. Date to be administered.
  2. Name of the student.
  3. Name of the medication.
  4. Dose to be given.
  5. Time to be given.
  6. Physician prescribing the medication.
  7. Special directions.
  8. Phone number of school nurse.
  9. Emergency directions.

 


Cross reference: JLCD - Administration of Medication to Students

JLCDA - Medical Marijuana in Schools

JICH - Drug and Alcohol Use by Students


Policy Adopted: September 21, 2005

Policy Revised: February 28, 2018

Policy Reviewed: August 18, 2021

JLCD-E2 - Administration of Medication to Students Authorization Form

JLCD-E2 - Administration of Medication to Students Authorization Form 

To be completed by the child’s Health Care Provider and Parent/Guardian.

Please complete this form to allow the school nurse or designated school staff member to administer the named medication.  All medication must be brought to school by an adult and will be kept in the school nurse’s office. The medication must come in the original container with the student’s name and prescription instructions labeled. This must be renewed annually or updated with changes to prescription. 

School Year: __________  to  __________

Student Information

Student Name: _________________________________________________     D.O.B. __________________

School: ___________________________ Grade:____________ Teacher: ______________________________

List Any Known drug allergies/reactions: ________________________________________________________

Height: ____________________                                        Weight: _______________________ 

Physician - Prescriber Order/Authorization

Provider Name: __________________________________________  Office phone #:_____________________

Office Address:_____________________________________________________________________________

Medication Name: ________________________________________ Reason: _____________________

Dosage/Route: _______________________                                Frequency: ___________________

Begin Medication: _____________________                              Stop Medication: ______________

Potential Side Effects/Contradictions/Reactions: ____________________________________

When will the student be reevaluated? ____________________________________________

 

Special Instructions:

Does the medication require refrigeration?          Yes              No

Is the medication a controlled substance?           Yes              No

 

_________________________          __________                               __________________

Physician Signature                             Date                                               Fax #

PARENT/GUARDIAN AUTHORIZATION

As a parent/guardian I request the designated school personnel to administer the above medication at school according to district policy.  Information regarding my child’s medication may be shared with appropriate school personnel.  I authorize the school nurse to communicate with the health care provider.

 

________________________________________________     _________________________

Parent/Guardian Signature                                                         Date

______________________           _______________________    _________________________

Home Phone #                              Cell #                                           Work #

5/14

 

Adopted: February 28, 2018

Policy Revised: August 18, 2021

JLCDA - Medical Marijuana in Schools

JLCDA - Medical Marijuana in Schools

The Board recognizes that there may be some students in the MSAD #35 schools who rely on the use of medical marijuana to manage a medical condition and who may be unable to effectively function at school without it.

The administration of medical marijuana in Maine schools is governed by the Maine Medical Use of Marijuana Act (MMUMA). The regulatory agency charged with implementing the MMUMA is the Department of Administration and Financial Services (DAFS). The Maine Medical Use of Marijuana Program, located within DAFS, performs administrative duties associated with implementation of the MMUMA, such as issuing of registration cards to “caregivers.”

Administration of medical marijuana should be done in a way that minimizes the interruption of instructional time for the student and with a minimum of disruption of routine school operations.  

The following procedure is to be followed for the administration of medical marijuana at school:

A.    The student’s parent/legal guardian/legal custodian must request the school unit’s Board policy JLCDA-E1 “Medical Marijuana Parent/Provider Request Form to Administer at School” form and a copy of the Board’s policy JLCDA, Medical Marijuana in Schools from the school nurse.

B.    The parent/legal guardian/legal custodian and the student’s medical provider (physician, certified nurse practitioner, or physician assistant) must complete and sign the Request form, to be submitted to the school with a copy of the student’s current written certification for the use of medical marijuana. The parent/legal guardian/legal custodian must present the original certification to the school employee responsible for processing the request.  A copy of the certification will be retained by the school.

C.    The parent/legal guardian/legal custodian must designate a caregiver who will administer medical marijuana to the student in school (including a student who is 18 years of age or older). The designated caregiver must be registered with the Maine Medical Marijuana Program. The original registry identification card and caregiver designation form must be presented to the school employee processing the request. Copies will be retained by the school.

D.     If the designated caregiver is a person other than the student’s parent/legal guardian/legal custodian, the designated caregiver must also provide verification that he/she is authorized by the State of Maine to administer marijuana to the student on school grounds;

E.     An arrangement will be made between the school administration and the designated caregiver to schedule the administration of medical marijuana in a manner that will minimize disruption to the student’s educational program, other students, school personnel, and the operations of the school. 

F.     Medical marijuana may be administered only at the school nurse’s office. The designated caregiver must sign in at the school office on arrival at school and proceed directly to the location where the medical marijuana will be administered. The designated caregiver must comply with all Board policies and school rules while on school grounds. 

G.    Medical marijuana administered in school must be in a nonsmokeable form. Vaporizers are not permitted. 

H.    Only the designated caregiver may bring medical marijuana to school. It may not be held, possessed, or administered by any person other than the caregiver. The student may only hold or possess the medical marijuana during the process of administration and under the supervision of the caregiver.

I.      The designated caregiver must sign out at the school office after the administration of the medical marijuana, taking any remaining medical marijuana with him/her.

A student who uses marijuana in accordance with this policy for the medical use of marijuana may not be excluded (suspended or expelled) from school or school activities because they require medical marijuana to attend school.

 


                                 

Cross Reference: JLCD ‒ Administration of Medication to Students

JLCD-E1 Administration of Medical to students on School Field Trips

KI ‒ Visitors to the Schools 


Policy Adopted: February 28, 2018

Policy Revised: August 18, 2021

JLCDA-E1 - Medical Marijuana Parent/Provider Request Form to Administer at School

JLCDA-E1 - Medical Marijuana Parent/Provider Request Form to Administer at School

A. To be completed by Physician, Physician Assistant or Certified Nurse Practitioner

Student’s Name:                            

Birth date:                                             School:

Teacher:

Grade:

Reason for use of medical marijuana:


______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Form of medical marijuana:

Note: Medical marijuana may only be administered at school in non-smokable form

Dosage (amount):

The Medical marijuana must be administered during school hours. 

Please circle:  YES  or  NO      If yes, specific time to be administered: ________

Restrictions (including any restrictions on school activities for safety reasons) and/or important side effects. Please check a box below.

( ) No restrictions anticipated

( ) Yes, restrictions – please describe in detail:


______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date medical marijuana prescribed:

Date medical marijuana to be discontinued:

Any other necessary instructions or information:


____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Note: The school nurse may contact you if there are further questions concerning this request.  Any changes to the information shall require a new request form.

Provider’s signature: ____________________________ Date: ______________

Printed name: _____________________________________________________

Address: __________________________________________________________

Email: ___________________________________________________________

Phone: _________________________ Fax: ______________________________


B. To be completed by parent/guardian/legal custodian:

 I understand and agree that if the school nurse has questions regarding the provider’s order, that the nurse may contact the child’s provider and obtain additional information about the medication. I consent to the provider releasing that information.    

I have read Board policy JLCDA-Medical Marijuana in Schools and understand that I must comply with all the requirements concerning the administration of medical marijuana.

 

Parent/Guardian/Legal Custodian signature required.


Signature: ______________________________________ Date: _____________

Printed name: _____________________________________________________

Relationship: ______________________________________________________

Phone: _____________________________________________________________


The following caregiver has been designated to administer marijuana to the student. This caregiver has obtained the required registry identification card. If the designated caregiver is not a parent/legal guardian/legal custodian, he/she has the required authorization from the State that he/she is authorized to administer marijuana to a student on school grounds.

 

Name of Designated Caregiver: ________________________________________

 

Relationship to Student: _______________________________________________


NOTE: COPIES OF THE FOLLOWING MUST BE ATTACHED TO THIS FORM:

 

1. Current written certification for the use of medical marijuana by the student.

2. The state caregiver designation form.

3. The designated caregiver’s registry identification card.

4. If the designated caregiver is not a parent/legal guardian/legal custodian of the student, documentation that the caregiver has is authorization by the state to administer marijuana to a student on school grounds.

 

Note: A copy of the current written certification for the use of medical marijuana must be attached to this form.

C. To be completed by the school:

Date request form received: __________________________________________

Received by: ___________________________________________________________

Date request form reviewed: __________________________________________

Reviewed by: ___________________________________________________________

Please circle, the request has been: Approved or Not Approved

 


Adopted: February 28, 2018

Policy Reviewed/Revised: October 20, 2021

JLCE - First Aid and Medical Emergency Care

JLCE - First Aid and Medical Emergency Care

As defined in the Maine School Health Manual, first aid is “immediate and temporary care in the event of an accident or injury before medical care can be obtained.”

The Superintendent/designee shall establish and implement procedures for handling accidents and injuries, which shall make clear the responsibilities of various school personnel. They shall be based upon recommendations in the Maine School Health Manual. The Superintendent/designee shall maintain a system for accident reporting and for maintaining emergency health and contact information on each student. The Superintendent/designee shall also designate appropriate staff members to be responsible for administering first aid and will provide these individuals with appropriate training.

 

Legal Reference:

20-A MRSA § 4009 

Policy Adopted: February 12, 2014

Policy Revised: August 23, 2023

JLCE-R - First Aid Administrative Procedure

JLCE-R - First Aid Administrative Procedure

The building principal or his/her designee shall be notified immediately of an injury to any student in the school building or on the school premises.

A report of the injury and first aid given shall be made in writing, with a copy sent to the Superintendent and a duplicate copy retained in the school files.

If the student is to be sent home, the Principal/School Nurse/designee shall first determine if the parent or guardian is at home to receive the student.

The student should not be sent home unless some responsible person in the household is there to receive him/her.  In case the student is not able to go home unassisted, the principal shall require the parent to pick up the child or shall provide proper supervision in seeing that the child is escorted safely home.

Depending on the injury, the Principal/School Nurse/Designee may recommend evaluation by the family’s Primary Care Provider. If the injury is severe, 911 will be called for ambulance transportation to the nearest hospital.

The parent shall be responsible for any fees incurred through these services.


 

20-A MRSA § 4009

 

Policy Adopted: February 12, 2014

Policy Reviewed: June 28, 2023

JLDB - Student Assistance Teams(SAT)

JLDB - Student Assistance Teams(SAT)

The Student Assistance Teams (SAT) of MSAD #35, in schools utilizing the SAT, consist of caring professionals who identify, refer, and intervene in order to help “at risk” youths.

The SAT may serve students who are at risk for academic, social, and/or emotional failure. We are of the firm belief that all students deserve the opportunity to improve the quality of their lives, their academic standing in the school, and their sense of personal dignity.

The SAT provides a vehicle for the entire educational system to engage in a problem-solving process for the students’ best interests. 

The SAT will review the data, identify and prioritize issues, brainstorm and recommend interventions and strategies, and implement a plan of action. Outcomes of interventions will be reviewed regularly at follow-up SAT meetings.

Each student who is identified by the SAT will have a case manager. Recommendations, interventions, and outcomes are recorded and kept in a confidential manner. Essential documentation (referral form, action plan, and follow-up evaluations) will be maintained. The location of these files will be noted in the student’s cumulative record.

 

Legal Reference: 20-A 6001(FERPA)

Section 504 P.L. 93-112 (Rehabilitation Act of 1973

 

Policy Adopted: November 2, 2005

JLDBG - Reintegration of Students from Juvenile Correctional Facilities

JLDBG - Reintegration of Students from Juvenile Correctional Facilities

Maine law requires the establishment of a reintegration team to assist a student entering a public school from a juvenile correctional facility.  The Board recognizes the need for advance planning and appropriate confidentiality in these circumstances.

The Superintendent shall be responsible for determining whether a student will be accepted or denied access to school based on compliance with the juvenile's rehabilitation plan as it affects reintegration.  Access may be denied until the Superintendent is satisfied that conditions have been met.

MSAD #35 will comply with reintegration standards established by the Maine Department of Education.  The Superintendent will be responsible for overseeing the transition of students from juvenile correctional facilities based on the following guidelines.

  1. Within ten days of receiving information from the Department of Corrections concerning the release of the juvenile offender, the Superintendent shall establish and convene a meeting of a reintegration team to review information received from the Department of Corrections, evaluate the student's individual educational needs, and determine what additional information may be relevant.

  2. The reintegration team shall include at a minimum the principal/designee of the school to which the student will be admitted, at least one classroom teacher to which the student will be assigned or who is involved in the school's student assistance team, the student's parent/guardian/custodian, and a guidance counselor.  The student's juvenile correctional officer or other representative from the Department of Corrections may be invited to attend.

  3. The reintegration team will determine, on the basis of need, which school employees should receive or given access to) information that would otherwise be considered confidential.  The nature and extent of information provided should be limited to that needed to implement the student's reintegration plan and ensure the health and safety of the student, the safety of the school's students and staff, and the integrity of school property.

  4. The Superintendent/designee will be responsible for ensuring that confidentiality training, including a review of the MSAD #35 policy and administrative procedures pertinent to records from the juvenile criminal justice system, including the juvenile correctional facility, and to all student educational records under the Family Education Records and Privacy Act (FERPA), is provided to all school employees who have access to this information.

  5. Before the student enters school, at least one additional meeting of the reintegration team should be held to develop an individualized plan for the student's reintegration based on the student's educational needs and the options available within the school system.  This meeting should include the student as well as the members of the reintegration team.  The reintegration plan will address the student's educational program, participation in activities (including co-curricular and extracurricular activities), and access to school facilities (including transportation).

  6. Placement in grade, class, and/or school programs will be based on the student's abilities and academic achievement demonstrated in prior educational settings, including the student's stay at the juvenile correctional facilities.  The principal will be responsible for evaluating the student's transcript and portfolio from the juvenile correctional facility to assess progress toward meeting the content standards of the Learning Results.  The principal may require the student to participate in additional tests or other demonstrations of skill or knowledge, consistent with the local assessment system, for the purpose of determining appropriate placement.

  7. The Superintendent/designee will be responsible for developing and implementing a process for monitoring and reporting a student's progress and compliance with the reintegration plan and for modifying the plan as needed.

  8. A student who violates Board policy or school rules will be subject to the disciplinary consequences described in policy, administrative procedures, and/or the student handbook/student code of conduct.

  9. The Superintendent/designee shall make any reports that may be required by the Department of Education concerning numbers of students entering MSAD #35 from juvenile correctional facilities.

                    15 M.R.S.A. § 3009

                    15 M.R.S.A. §3008(7)(E)

Policy Adopted:        September 17, 2003

Policy Revised:         May 21, 2014

JLDBG -Administrative Bulletin

15 M.R.S.A. §3008(7)(E) provides that when a juvenile has been charged with or adjudicated of a juvenile offense that involves the use or threatened use of physical force against a person, the District's attorney in the district where the charges were brought will provide certain information to the Superintendent/designee of the juvenile's school.

This information is limited to:

  1. The name of the juvenile
  2. The nature of the alleged offense or offense;
  3. The date of the alleged offense or offense;
  4. The date of the petition (date charged);
  5. The date of the adjudication, if applicable; and
  6. The location of the court where the case was brought, if applicable.

By law, this information is not to become part of the student's educational record.

This information is to be regarded as confidential except as provided in 20-A M.R.S.A. §1055(11). This statute requires the Superintendent to convene a notification team within ten days of receiving notice of an alleged or adjudicated juvenile offense. This team must include the administrator/designee of the school building where the student attends at least one classroom teacher to whom the student is assigned a guidance counselor, and the student's parent/guardian. The notification team is to determine on the basis of need which school employees are entitled to receive this information. The Superintendent "shall ensure" that confidentiality training is provided to all school employees who have access to this information.

JLF - Reporting Child Abuse and Neglect

JLF - Reporting Child Abuse and Neglect

I. Definitions 

A. Child abuse or neglect. Child abuse or neglect is defined by Maine law as “a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these or failure to ensure compliance with school attendance requirements under Title 20-A” (specifically when a child who is at least seven years of age and has not completed grade six, has the equivalent of seven full days of unexcused absences or five consecutive school days of unexcused absences during a school year).

B. Person responsible for the child. A “person responsible for the child” means a person with responsibility for a child’s health or welfare, whether in the child’s home or another home or a facility which, as part of its function, provides for the care of the child. It includes the child’s parent, guardian or other custodian.

II. Employee’s Duty Report

A. Any employee of the school unit who knows or has reason to suspect that a child has been or is likely to be abused or neglected must immediately notify the building principal or designated agent.

1. In addition to notifying the building principal/designated agent, the employee may also make a report directly to the Department of Health and Human Services (DHHS) or the District Attorney (see also Section III.B which provides further information about reporting to DHHS and/or the District Attorney).

B. If the reporting employee does not receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report that a report has been made to DHHS and/or District Attorney, the employee shall make an immediate report directly to DHHS and, if the person suspected is not a person responsible for the child, to the District Attorney. In such cases, the employee shall then complete a copy of the Suspected Child Abuse and Neglect Reporting Form (JLF-E).

C. If the reporting employee does receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report (i.e., a copy of the Suspected Child Abuse and Neglect Reporting Form (JLF-E)), he/she shall sign the form as acknowledgement that the report was made and return it to the building principal/administrator or Superintendent.

III. Administrator Reporting And Confirmation Duties

All building principals and the Superintendent are designated agents to make child abuse and neglect reports.  A building principal may also designate a specific agent to receive reports.

A.  If a building principal/designated agent receives the report, he/she shall notify the Superintendent immediately. 

B. The Superintendent or building principal shall immediately make a report by telephone to DHHS, and if requested by DHHS, provide a written report of the suspected abuse or neglect to DHHS within 48 hours. In addition, if the person suspected of abuse or neglect is not the parent, guardian or other custodian of the child, the Superintendent/building principal shall also make a report to the District Attorney.

  1. The law requires the reporting employee to make his/her own report to DHHS and/or the District Attorney if he/she has not received confirmation within 24 hours that such a report has been made by the Superintendent/building principal.

C. The person making the report to DHHS and/or the District Attorney shall complete the Suspected child Abuse or Neglect Form (JLF-E).

D. The Superintendent/building principal shall provide a copy of the Suspected Child Abuse or Neglect Form to the reporting employee within 24 hours of the employee’s initial report. The reporting employee shall sign the report and return it to the Superintendent/building principal.

E. If requested by the relevant agency, the form will be forwarded to DHHS and/or the District Attorney, and shall be retained by the school unit for ten years, as specified in the Maine Archives Rules, along with any other information relevant to the case.

IV. Internal Investigations And Discipline

A. Employees. If the person suspected of abuse or neglect is an employee, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable Board policies, collective bargaining contracts, and federal and state laws.

B. Students. If the person suspected of abuse or neglect is a student, and the abuse or neglect occurred on school premises, during a school activity, or is otherwise related to the school, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable Board policies and federal and state laws.

V. Interviews Of Child And School Personnel 

A. DHHS personnel shall be permitted to meet with and interview the child named in the report when the child is present at school without prior notification to the parent or custodian when DHHS has reasonable grounds to believe that prior notice would increase the threat of serious harm to the child or another person. The Department may conduct one initial interview with a child without prior notification to the parent or custodian of the child when the child contacts DHHS or a person providing services puts the child into contact with DHHS.  

B. Upon request of a DHHS employee to meet with and interview the child named in the report when the child is present at school, the building principal or designee shall:

1.  Require the DHHS employee requesting to interview the child to provide written certification that in the Department’s judgment, the interview is necessary to carry out its duties; 

2.  Require the DHHS caseworker to discuss the circumstances of the interview and any relevant information regarding the alleged abuse or neglect with the child’s teacher, school counselor, school nurse, social worker or building principal as the caseworker deems is necessary to provide needed emotional support to the child prior to and following the interview;  

3.  Not place conditions on how the interview is conducted, including, but not necessarily limited to requiring that certain persons be present during the interview; prohibiting certain persons from being present during the interview; and requiring notice to or consent from a parent or guardian; 

4.  Provide an appropriate, quiet and private place for the interview; and

5.  Not disclose any information about DHHS’s intention to interview the child except to school officials or the school’s attorney who need the information to comply with the interview request.

VI. Confidentiality Of Information And Records 

All records, reports and information concerning alleged cases of child abuse and neglect shall be kept confidential to the extent required by Board policies and applicable law.

The building principal/designee is permitted to release a child’s school records without prior consent of the parent/guardian to DHHS or law enforcement officials in response to a lawful subpoena, or as necessary to protect the health or safety of the child or other individuals under federal law.

VII. Training

Any school unit employee who is required to make a report shall, at least once every four years, complete mandated training approved by DHHS.  

The DHHS training is available online at: https://www.maine.gov/dhhs/ocfs/documents/MRT_Online_APR2018.pdf 

VIII. Good Faith Immunity From Liability

Any person who in good faith reports, assists DHHS in making the child available for an interview, or participates in the investigation or proceedings of a child protection investigation is immune from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false.



 

20 USC § 1232g, Family Educational Rights and Privacy Act

20-A M.R.S.A. §§ 5051-A(1)(C); 5051-A(2)(C)

 

Cross Reference: ACAA – Harassment and Sexual Harassment of Students

JLF-R –Reporting Child Abuse and Neglect Administrative Procedure

JLF-E – Suspected Child Abuse and Neglect Report Form

JLFA - Child Sexual Abuse Prevention and Response

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-E Suspected Child Sexual Abuse Report Form

JRA – Student Records

 

Policy Adopted: January 20, 1982

Policy Revised: November 4, 1998 and February 1, 2006, October 19, 2016, April 25, 2018, November 17, 2021

JLF-E - Suspected Child Abuse/Neglect Report Form

JLF-E - Suspected Child Abuse/Neglect Report Form

Any employee of MSAD #35 who suspects that a child has been or is likely to be abused or neglected (the “notifying person”) must immediately notify the building principal using this form. The purpose of this form is to document your reporting and to facilitate confirmation to you that the building principal or other designated school official has made your report to the Department of Health and Human Services (DHHS) or, as appropriate to the District Attorney. 

If you have not received written confirmation within 24 hours of submitting this form to the building principal, you must make your own report to DHHS or, if appropriate, to the DA.

1) Name/title/telephone number and email address of notifying person (person who originally has the information and is required to report it):

________________________________________________________________________________________________________________________________________________________________________________________________________________________

2) Date and time of notifying person’s report: _________________________________

3) Name/title of school principal /designated agent first report made to: 

____________________________________________________________________________________________________________

4) Did notifying person contact DHS independently: _____ Yes  _____ No

5) Name of student who is subject of report: __________________________________

     Birthdate: __________________ Sex: _____________ Grade: _______________

     Known history of abuse/neglect? _________________________________________

     Parent/Guardian Name(s): ______________________________________________

     Address: ____________________________________________________________

     Home and work telephone numbers: ______________________________________

     Name(s) of sibling(s): __________________________________________________

6) Statements or indicators leading to the suspicion of abuse/neglect (include all known information, including date, time and location, name of alleged abuser, and relationship to student): 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7) List any photographs taken or other materials collected related to the report:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8) Actions taken by school personnel (list date, time and personnel involved):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Cross Reference: JLF - Reporting Child Abuse and Neglect

JLF-R –Reporting Child Abuse and Neglect AdministrativeProcedure
JLFA - Child Sexual Abuse Prevention and Response
JLFA-R - Child Sexual Abuse Prevention and Response Procedure
JLFA-E - Suspected Child Sexual Abuse Report Form

Policy Adopted:

Policy Reviewed:  April 25, 2018

Policy Revised: November 17, 2021




CONFIRMATION OF REPORT

(Used for confirming principal or designated agent’s report to authorities) 

Name of principal or designated agent: ___________________________­__________

Agency contacted by telephone:  __________________________________________

Name and title of agency contact:  _________________________________________

Date and time of telephone report: _________________________________________

Copy of report form sent (include date and addressee):  ________________________________________

_________________________________________________________________________________________

 

     _________________________________                     __________________

     Principal/Designated Agent Signature                           Date and Time 

 

EMPLOYEE’S ACKNOWLEDGEMENT OF RECEIPT OF CONFIRMATION

(To be returned to principal or designated agent) 

I have received confirmation that my report has been made to DHHS or the DA by the Principal or other Designated Agent.

______________________________________                        __________________

Notifying Person/Original Reporter’s Signature                             Date and Time

(Employee’s Signature)_______________________________________________________

Reviewed:  April 25, 2018

JLF-R - Reporting Child Abuse and Neglect – Administrative Procedure

JLF-R - Reporting Child Abuse and Neglect – Administrative Procedure

This procedure implements the Board’s policy JLF – Reporting Suspected Child Abuse and Neglect. It summarizes the steps to be taken when a school employee suspects that a child has been or is likely to be abused or neglected.

The “notifying person” refers to any employee of the school unit who has the information that gives rise to the reasonable suspicion that a child has been or is likely to be abused or neglected and is required by law or Board policy to report it; such as, but not limited to: a principal, teacher, nurse, school counselor, bus driver, substitute teacher and school volunteer.  

A.   The notifying person should immediately notify the principal or other designated agent of the suspected abuse or neglect. The person may notify the Department of Health and Human Services (DHHS) directly, or if appropriate, the District Attorney (DA).

B.   The building principal or designated agent should immediately notify the Superintendent.  The building principal/designated agent or Superintendent should immediately make a report by telephone to DHHS, and if requested by DHHS, should provide a written report of the suspected abuse or neglect to DHHS within 48 hours. If the person suspected of abuse or neglect is not the parent, guardian or other custodian of the child, the building principal or Superintendent shall also make a report to the DA.

C.   The principal or designated agent or Superintendent should send a written confirmation containing the name of the person reporting, the date and time of the report and a summary of the information to the notifying person.

D.   The notifying person should acknowledge in writing that he/she has received the confirmation that the report has been made by the principal or designated agent.

E.   The confirmation and acknowledgement should be retained in the school’s records.

F.    If the notifying person has not received written confirmation within 24 hours of making his/her report to the principal or designated agent has caused a report to be made to DHHS and, if appropriate, the DA, the notifying person shall immediately make a report to DHHS and, if appropriate, the DA. 

 


Cross Reference: JLF – Reporting Child Abuse and Neglect   

LF-E – Suspected Child Abuse and Neglect Report Form     

JLFA - Child Sexual Abuse Prevention and Response

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-E - Suspected Child Sexual Abuse Rport Form

 

Policy Adopted: October 19, 2016

Policy Reviewed: April 25, 2018 

Policy Revised: November 17, 2021

JLFA - Child Sexual Abuse Prevention and Response

JLFA - Child Sexual Abuse Prevention and Response

The Board recognizes that Maine law requires every school unit with a Pre-K through 5th grade program to adopt a policy for child sexual abuse prevention education and response. The Board adopts this policy in the interest of promoting the well-being of students and providing a supportive learning environment as well as compliance with the law. 

For the purpose of this policy, “child sexual abuse” means any sexual engagement either through “hand on” or “hands off” activities between an adult and a child. Sexual engagement between children can also be sexual abuse when there is a significant age difference between the children involved or if the children are very different in development, size, or other power differential.

I.      REPORTING CHILD SEXUAL ABUSE

 A.    Any employee of the school unit who has reason to suspect that a child has been sexually abused is to immediately notify the building principal or designated agent. 

1.     In addition to notifying the building principal/designated agent, the employee may also make a report directly to the Department of Health and Human Services (DHHS).

2.     School volunteers who have reason to suspect that a child has been sexually abused may report their suspicions directly to DHHS.

3.     Neither the employee or volunteer nor the building principal/designated agent should attempt to further question or interview the child nor otherwise undertake an investigation. 

B.    If the reporting employee or volunteer does not receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report that a report has been made to DHHS, the employee or volunteer shall make an immediate report directly to DHHS. In such cases, the employee or volunteer shall then complete a copy of the school unit’s Suspected Child Abuse and Neglect Reporting Form (JLF-E). 

C.    If the reporting employee or volunteer does receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report (i.e., a copy of the Suspected Child Abuse and Neglect Reporting Form (JLF-E)), he/she shall sign the form as acknowledgment that the report was made and return it to the building principal/administrator or Superintendent.

D.    The administrator reporting and confirmation duties shall be the same as provided in Section III of the Board’s policy JLF, Reporting Child Abuse and Neglect. 

II. CHILD SEXUAL ABUSE AWARENESS AND PREVENTION EDUCATION FOR SCHOOL PERSONNEL 

All school personnel shall be required to complete a minimum of one hour of training in child sexual abuse awareness and prevention, with training to be updated at least once every four years thereafter. New employees must complete training within six months of hire.

Training must be “evidence-informed” (i.e., based on research and best practices) and delivered by a qualified instructor (i.e. a person with appropriate knowledge, skills, and experience or training in child sexual abuse awareness and prevention). The trainer may be an employee or volunteer with an agency/organization specializing in sexual assault and/or child sexual abuse or an employee of the school unit (e.g., school social worker, guidance counselor, school nurse, health educator) who has received appropriate training from such an agency/organization.

The goals of the training for school personnel are:

●  Increased awareness of developmentally appropriate and inappropriate sexual behaviors in children;

●  Increased ability to recognize indicators of child sexual abuse;

●  Enhanced ability to respond effectively when a student or student’s friend or peer discloses sexual activity or the staff member suspects child sexual abuse has occurred; and

●  Awareness of local resources available to students, parents, schools, and community members, and how these resources may be accessed.

Training should also address confidentiality/disclosure concerns (beyond the mandated reporting).

III. CHILD SEXUAL ABUSE PREVENTION EDUCATION IN THE PRE-K THROUGH 5TH GRADE CURRICULUM 

The school unit will provide child sexual abuse prevention programming to its Pre-K through grade 5 students. Such instruction will be aligned with the health education standards of Maine’s system of Learning Results for this grade span, and incorporated into the written school health education curriculum. 

Programming of appropriate scope and sequence will be delivered by qualified instructors, who may be from a local or regional agency/organization with experience and expertise in sexual assault and child sexual abuse of by a school unit employee deemed competent by the Superintendent/designee to deliver such instruction. If the instructor is a school unit employee, the Board anticipates that this will be a person with the knowledge, skills, sensitivity and “comfort level” necessary to deliver the curriculum in the classroom setting, i.e., school nurse, school social worker, guidance counselor, or teacher with experience in health education. Any instructor who is a school employee is expected to take full advantage of the evidence-informed educational resources available on websites hosted by the DOE and/or MECASA. Any instructor who is a school employee should be familiar with the local community-based agencies/organizations that provide assistance or services to children and families that are experiencing or have experienced sexual assault or child sexual abuse.

It is the intent that the curriculum, as delivered in the classroom, will:

●  Include age-appropriate education regarding physical and personal boundaries; including biologically accurate body terminology;

●  Help children identify unsafe or uncomfortable situations including a range of feelings, touches, or violations of physical boundaries;

●  Help children identify safe adults with whom they can talk about unsafe or uncomfortable situations; and

●  Help children identify and develop skills to support a friend who may be experiencing safe or uncomfortable situations. 

Cross Reference: JLF – Reporting Suspected Child Abuse and Neglect
JLF-E – Suspected Child Neglect Report Form
JLFA-R - Suspected Child Abuse Report Form

Policy Adopted: November 17, 2021

JLFA-E - Suspected Child Sexual Abuse Report Form

JLFA-E - Suspected Child Sexual Abuse Report Form

Any employee of MSAD #35 who suspects that a child has been or is likely to be abused or neglected (the “notifying person”) must immediately notify the building principal using this form.  The purpose of this form is to document your reporting and to facilitate confirmation to you that the building principal or other designated school official has made your report to the Department of Health and Human Services (DHHS) or, as appropriate to the District Attorney.

If you have not received written confirmation within 24 hours of submitting this form to the building principal, you must make your own report to DHHS or, if appropriate, to the DA.

1)  Name/title/telephone number and email address of notifying person (person who originally has the information and is required to report it):  ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2)  Date and time of notifying person’s report: _________________________________

3)  Name/title of school principal /designated agent first report made to:     

_____________________________________________________________________________________________ 

4)  Did notifying person contact DHS independently: _____ Yes  _____ No

5)  Name of student who is subject of report: ______________________________________

  Birthdate: __________________   Sex: _____________   Grade: _______________

  Known history of child abuse? ___________________________________________

  Parent/Guardian Name(s): ______________________________________________

  Address: ____________________________________________________________

  Home and work telephone numbers: ______________________________________

  Name(s) of sibling(s): __________________________________________________ 

6)  Statements or indicators leading to the suspicion of abuse/neglect (include all known information, including date, time and location, name of alleged abuser, and relationship to student):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7)  List any photographs taken or other materials collected related to the report:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8)  Actions taken by school personnel (list date, time and personnel involved):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

CONFIRMATION OF REPORT 

(Used for confirming principal or designated agent’s report to authorities)

Name of principal or designated agent: ___________________________­__________

Agency contacted by telephone: __________________________________________

Name and title of agency contact: _________________________________________

Date and time of telephone report: _________________________________________

Copy of report form sent (include date and addressee): ________________________

_____________________________________________________________________

 _________________________________                 __________________

Principal/Designated Agent Signature                     Date and Time

 EMPLOYEE’S ACKNOWLEDGEMENT OF RECEIPT OF CONFIRMATION

(To be returned to principal or designated agent)

I have received confirmation that my report has been made to DHHS or the DA by the Principal or other Designated Agent.

______________________________________               __________________

Notifying Person/Original Reporter’s Signature            Date and Time

(Employee’s Signature)

 


Cross Reference: JLF - Reporting Child Abuse and Neglect

JLF-R –Reporting Child Abuse and Neglect AdministrativeProcedure

JLF-E Suspected Child Abuse and Neglect Report Form

JLFA - Child Sexual Abuse Prevention and Response

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-E - Suspected Child Sexual Abuse Report Form

 

Policy Adopted: November 17, 2021

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

The Maine legislature requires schools to implement a policy to address the prevention, response, and reporting of child sexual abuse within the school setting (20-A MRS §254, sub-§18). The Board of [School Unit Name] is committed to implementing best practices to prevent and respond to child sexual abuse, and to ensure that all children attend a school which is a safe and secure learning environment. The policy herein is consistent with 20-A MRS §4502, sub-§5-C. 

Definitions

Child sexual abuse – All sexual engagement either through hands-on or hands-off activities between an adult and a child is sexual abuse. Sexual engagement between children can also be sexual abuse when there is a significant age difference between the children or if the children are very different in development, size, or other power differential.

Evidence-informed practice or program - Programs that use the best available knowledge and research to guide program design and implementation; the program has clearly identified intended outcomes and conducts evaluations to measure those outcomes.

Qualified instructor – An individual who has the knowledge, skills and comfort level necessary to professionally address child sexual abuse prevention education, aligned to research and best practices. A qualified instructor may be school personnel or from a community-based organization. 

School personnel – Any individual required to be certified, authorized, or approved by the Department of Education under Chapter 501 or 502 of Title 20-A.

Procedures for Reporting Suspected or Disclosed Child Sexual Abuse

School personnel receiving a report of or suspecting child sexual abuse, including but not limited to school faculty, staff, coaches and advisors for extracurricular and co-curricular activities, are required to either report directly to Department of Health and Human Services (DHHS) or to confirm in writing that a report was made on their behalf by a school’s designated reporter, pursuant to 22 MRS §4011-A Reporting of Suspected Abuse or Neglect and §4012 Reporting Procedures. Reports should be consistent with Maine School Management Association school board policies JLF, JLF-E.

School volunteers who are aware of incidents or suspect child sexual abuse must report to school personnel designated in the [School Unit Name] policy or directly to DHHS as noted above.

Any individuals associated with the school who are not mandated reporters, but who know of or suspect child sexual abuse are encouraged to make a report directly to DHHS.

Individuals suspecting or knowing of child sexual abuse should not ask additional questions or engage in interviewing techniques with the child, and should limit written documentation to the information required by 22 MRS §4012. Training for unbiased documentation methods is recommended. 

Acts of reprisal or retaliation against any person who reports an incident of child sexual abuse are prohibited.

Child Sexual Abuse Awareness and Prevention Education for School Personnel

Child sexual abuse awareness and prevention education for all [School Unit Name] personnel shall be:

1. Required for all school personnel;

2. Delivered by a qualified instructor(s);

3. A minimum of one hour;

4. Evidence-informed;

5. Completed within 6 months of hire; and

6. Updated every four years pursuant to 22 MRS §4011-A, sub-§9.

The training will:

1. Increase awareness of developmentally appropriate and inappropriate sexual behaviors in children, and

2. Increase ability to identify indicators of sexual abuse, including physical and psychosocial indicators on a spectrum (including lower to higher probability);

3. Increase ability to effectively respond to sexual behavior or disclosures or suspicions of child sexual abuse; and

4. Includes [Insert local child sexual abuse and sexual assault resources.]

Child Sexual Abuse Prevention Education Pre-K through Grade 5 Curriculum Programs

Age-appropriate child sexual abuse prevention education curriculum programs shall be:

1. Delivered by qualified instructors;

2. Part of the written comprehensive school health education curriculum;

3. Aligned to the Maine Learning Results Health Education Standards for grades Pre-K through 5 (pursuant to 20-A MRS §6209); and

4. Follow an appropriate scope and sequence.

The classroom curriculum will be consistent with evidence-informed, age-appropriate child sexual abuse prevention education for students, and include:

1. Age-appropriate education regarding physical and personal boundaries, including biologically accurate body terminology;

2. Helps children identify unsafe or uncomfortable situations including a range of feelings, touches or violations of physical boundaries;

3. Helps children identify safe adults with whom they could discuss unsafe or uncomfortable situations; and

4. Helps children identify and develop skills to support a friend who may be experiencing unsafe or uncomfortable situations.

Resources and Services

Service providers related to local and statewide child sexual abuse and sexual assault can be found at:

1. The Maine Department of Health and Human Services;

2. The Maine Coalition Against Sexual Assault (www.mecasa.org; statewide sexual assault support line: 1- 800-871-7741); and

3. [add local community-based child sexual abuse services or supports].

Prevention education resources related to child sexual abuse can be found at:

1. The Maine Department of Education Health Education website (www.maine.gov/doe/healthed/areas/index.html);

2. The Maine Coalition Against Sexual Assault (www.mecasa.org); and

3. [add local community-based prevention organizations and coalitions].

 

 

Cross Reference: JLF - Reporting Child Abuse and Neglect

JLF-R –Reporting Child Abuse and Neglect Administrative Procedure

JLF-E Suspected Child Abuse and Neglect Report Form

JLFA - Child Sexual Abuse Prevention and Response

JLFA-E - Suspected Child Sexual Abuse Report Form

 

Policy Adopted: November 17, 2021

JLIB - Student Dismissal Precautions

JLIB - Student Dismissal Precautions

The Board of Directors seeks to safeguard students by requiring procedures for excusing students from attendance at school or school events. The building principal is directed to develop and implement administrative procedures for dismissing students, subject to the approval of the Superintendent.

Students will be released only to parents, legal guardians, and other persons specifically authorized in writing by parents/legal guardians to pick up the student.  If the building principal/designee has reason to question the authenticity of any communication regarding the release of a student, the parents/guardians shall be contacted for confirmation. The building principal/designee has the authority to deny the release of students to unauthorized or unknown persons. Students who drive to school must present a note from a parent/guardian authorizing them to leave school at any time during the school day and must sign out at the school office. Students over 18 must provide a written reason for leaving school and must sign out at the school office. 

A custodial parent/guardian who wishes the school to comply with provisions of a court order to restrict access to a child is responsible for providing a certified copy of such order to the school. 

In addition, administrative procedures concerning student dismissal shall incorporate the following components: 

A. A procedure for dismissing students in the event of an emergency during the school day;

B. A procedure for dismissing students for illness and other reasons prior to the end of the school day; and

C. A procedure for confirming the identity of parents/guardians and others authorized to pick up students prior to releasing students.


Cross References: EBCA – Crisis Response Plan

JEA – Compulsory Attendance Ages

KI – Visitors to the Schools 


Policy Adopted: August 6, 1969

Policy Revised: November 19, 1975, May 7, 1980, December 18, 1996 and March 1, 2006                                                                                                                                                                                                         

JRA - Student Education Records and Information

JRA - Student Education Records and Information 

The MSAD #35 School Department shall comply with the Family Educational Rights and Privacy Act (“FERPA”) and all other federal and state laws and regulations concerning confidentiality and maintenance of student records and information. 

A. Directory Information

The MSAD #35 School Department designates the following student information as directory information: name, participation and grade level of students in recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos of student participation in school activities open to the public (except photographs and videos on the Internet). The MSAD #35 School Department may disclose directory information if it has provided notice to parents (and eligible students over 18) and has not received timely written notice refusing permission to designate such information as directory information.

B. Military Recruiters/Higher Education Access to Information 

Under federal law, military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the MSAD #35 School Department must comply with any such request, provided that parents have been notified of their right to make a written request that this information not be released without prior written consent.

C. Health or Safety Emergencies   

In accordance with federal regulations, the School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent. 

D. Information on the Internet 

Under Maine law, the MSAD #35 School Department shall not publish on the Internet any information that identifies a student, including but not limited to the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names, without written parental consent.

E. Transfer of Student Records  

As required by Maine law, the MSAD #35 School Department sends student education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained).

F. Designation of Law Enforcement Unit

The Board hereby designates [choose one of the following options: its School Resource Officer and the Eliot and South Berwick Police Departments as the MSAD #35 School Department’s law enforcement unit. 

G. Administrative Procedures and Notices 

The Superintendent is responsible for developing and implementing any administrative procedures and parent notices necessary to comply with the applicable laws and regulations concerning student education records and information.  Notices shall be distributed annually to parents and eligible students concerning their rights under these laws and regulations. A copy of this policy shall be posted in each school.

 

 

Legal Reference: 20 U.S.C. § 1232g; 34 C.F.R. Part 99, as amended

20 U.S.C. § 7908

20-A M.R.S.A. §§ 6001, 6001-B

Maine Department of Education Rules, Chapters 101 and 125

 

Cross Reference: JRA-R Student Education Records and Information Administrative Procedure

JRA-E Annual Notice of Student Education Records and Information Rights

ILD Student Surveys and Marketing Information

EHB Records Retention Policy

KDB Public’s Right to Know/Freedom of Access

JFABD Education of Homeless Students

 

Policy Adopted: September 17, 2003

Policy Revised: February 10, 2021

JRA-E1 - Annual Notice of Student Education Records and Information Rights

JRA-E1 - Annual Notice of Student Education Records and Information Rights

The Family Educational Rights and Privacy Act (“FERPA”) provides certain rights to parents and eligible students (18 years of age or older) with respect to the student’s education records.

A.        Inspection of Records

Parents/eligible students may inspect and review the student’s education records within 45 days of making a request. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents/eligible students may obtain copies of education records at a cost of $0.15 cents per page, plus postage.

B.         Amendment of Records

Parents/eligible students may ask the School Department to amend education records they

believe are inaccurate, misleading or in violation of the student’s right to privacy. Such requests must be submitted to the Superintendent or building administrator in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Superintendent or building administrator decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.

C.         Disclosure of Records

The School Department must obtain a parent/eligible student’s written consent prior to disclosure of personally identifiable information in education records except in circumstances permitted by law or regulations as summarized below.

1. Directory Information

The School Department designates the following student information as directory information that may be made public at its discretion: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet).  Parents/eligible students who do not want the School Department to disclose directory information must notify the Building Administrator in writing by September 15th or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in effect unless and until it is rescinded.  (Please reference JRA-E2 and JRA-E3 forms.)

2. Military Recruiters/Institutions of Higher Education

Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School Department must comply with any such request, provided that parents have been notified of their right to make a written request that this information not be released without prior written consent. Parents/eligible students who do not want the School Department to disclose this information without their prior written consent must notify the Building Administrator in writing by September 15th or within thirty (30) days of enrollment, whichever is later. (Please reference JRA-E2 and JRA-E3 forms.)

3. School Officials with Legitimate Educational Interests

Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by the School Department as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); members of the Board of Education; persons or companies with whom the School Department has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and volunteers who are under the direct control of the School Department with regard to education records.

4. Health or Safety Emergencies

In accordance with federal regulations, the School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

5. Other School Units

As required by Maine law, the School Department sends student education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained).

6. Other Entities/Individuals

Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.

D.    Complaints Regarding School Department Compliance with FERPA

Parents/eligible students who believe that the School Department has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:


Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

 

Legal Reference: 20 U.S.C. § 7908

34 C.F.R. § 99.7

20-A M.R.S.A. § 6001

 

Policy Adopted: September 17, 2003

Policy Reviewed: February 10, 2021

JRA-E2 - Denial of Consent to Release Student Information (Marshwood High School)

(Marshwood High School)

Federal law and regulations pertaining to family educational rights and privacy allow schools, without prior consent, to release at their discretion information from student educational records that has been designated by the school system as “directory information. MSAD #35 has designated the following as directory information: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet).

In addition, the “No Child Left Behind Act of 2001” contains provisions that require that the school unit provide student names, addresses and telephone numbers to military recruiters and institutions of higher learning when requested to do so, unless the student’s parent/guardian or student 18 years of age or older requests in writing that such information not be released. 

If you DO NOT want the information released, please complete the appropriate section of this form and return it to:

Principal, Marshwood High School, 260 Route 236, South Berwick, ME 03908

FOR PARENTS OF STUDENTS UNDER THE AGE OF 18: 

I request that Marshwood High School 

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any military recruiter or military recruiting organization without my prior written consent.

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any institution of higher learning without my prior written consent.

___ NOT release information of any kind, including “directory information,” concerning my son/daughter ______________________ without my prior written consent.


____________________________________        __________________

Parent/Guardian Signature                                 Date


FOR STUDENTS 18 YEARS OF AGE OR OLDER:

I request that Marshwood High School

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any military recruiter or military recruiting organization without my prior written consent.

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any institution of higher learning without my prior written consent. 

___ NOT release information of any kind, including “directory information,” concerning my son/daughter ______________________ without my prior written consent.


________________________________       ________________

Student Signature                                        Date


Policy revised: February 10, 2021

JRA-E3 - Denial Of Consent To Release Student Information (For Elementary and Middle Schools)

(For Elementary and Middle Schools)

Federal law and regulations pertaining to family educational rights and privacy allow schools, without prior consent, to release at their discretion information from student education records that has been designated by the school system as “directory information.” MSAD #35 has designated the following as directory information: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet).

If you DO NOT want the information released, please complete this form and return it to your building principal.

___ I request that  _______________ School NOT release information of any kind, including “directory information,” concerning my son/daughter ___________________ without my prior written consent.

 

________________________________________  ________________________

Parent/Guardian Signature                                         Date



Policy revised: February 10, 2021

JRA-R - Student Education Records and Information Administrative Procedure

JRA-R - Student Education Records and Information Administrative Procedure

This administrative procedure is intended to assist administrators and school staff in complying with the requirements of federal and state statutes and regulations concerning student education records and information, including special education requirements.

A.    Definitions

The following definitions apply to terms used in this procedure.

1. "Act" means the federal Family Educational Rights and Privacy Act (20 U.S.C. §1232g).

2. “Directory information” means the following information contained in an education record of a student: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet). 

3. "Eligible student" means a student who has attained 18 years of age who has not been judged by a court of competent jurisdiction to be so severely impaired that the student is unable to make decisions or exercise judgment on his/her own behalf.

4. When a student attains the age of 18, all rights accorded to parents concerning education records transfer to the eligible student, except that the School Department may continue to disclose education records to a parent without prior written consent if the student qualifies as a dependent under the Internal Revenue Code.

5. "Parent" means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent or guardian provided that there shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless there is evidence of a state law or court order governing such matters as divorce, separation or custody or a legally binding instrument that specifically revokes such rights. 

6. "Education record" means information or data that directly relates to a student and is maintained by the school unit in any medium, including but not limited to handwriting, print, e-mail or other computer media, video or audio tape, microfilm and microfiche. Records of instructional, supervisory and administrative personnel and personnel who support these individuals, which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a temporary substitute for the person who made the record are excluded from this definition, as are grades on peer-graded papers before they are collected and recorded by a teacher.

7. "Student" includes any individual with respect to whom the School Department maintains education records. 

B.    Annual Notification of Rights

Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. The School Department may provide notice through any of the following means: 

1.  Mailing to students’ homes;

2.  Distribution to students to take home;

3.  Publication in student handbooks;

4.  Publication in newsletters or other materials distributed to each parent/eligible student.

C.    Access to Policy and Administrative Procedure

The School Department’s policy on Student Education Records and Information shall be posted in each school. In addition, school administrators shall provide copies of this administrative procedure to parents/eligible students upon request or when a request to inspect or amend records is made. 

D.    Inspection and Review of Education Records

Parents/eligible students may review and inspect their educational records by the following procedure:

1. The parent/eligible student must make a written request to the Superintendent or building administrator to review the records.

2. The Superintendent or building administrator will comply with the request without unnecessary delay and in a reasonable period of time, but in no case more than 45 days after it received the request, and will comply before any IEP Team meeting regarding an Individualized Education Program or any due process hearing relating to the identification, evaluation or placement of the student. 

3. The Superintendent or building administrator may deny a request for access to or copies of the student's education records if there is reasonable doubt as to the legality of the parent-child relationship. Access will be withheld until a determination of legal right to access can be established.

4. All records shall be reviewed in the presence of a school official.

Parents/eligible students may also request to review the following:

1. The School Department’s list of types and locations of education records and titles of officials responsible for the records. 

2. The School Department’s record of disclosures of personally identifiable information (see Section F).  

E.    Requests to Amend Education Records

Parents/eligible students may ask the School Department to amend education records they believe are inaccurate, misleading or in violation of the student’s privacy rights as follows:

1. The parent/eligible student must make a written request to the Superintendent or building administrator to amend the education record. The request must clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

2. The Superintendent or building administrator shall, within a reasonable period of time after receipt of the request, either amend the record in accordance with the request or inform the parent/eligible student of the School Department’s refusal to amend the record and inform the parent/eligible student of their right to request a hearing. 

3. If the parent/eligible student requests a hearing, it shall be held within a reasonable period of time from the School Department’s receipt of the written request. The parent/eligible student shall be given advance notice of the date, place and time of the hearing. The Superintendent shall designate an individual to conduct the hearing. This individual may be an employee of the School Department so long as he/she does not have a direct interest in the outcome of the hearing. The parent/eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney. 

4. The School Department shall make its decision in writing within a reasonable period of time. The decision of the school shall include a summary of the evidence and the reasons for the decision. 

5. If, as a result of the hearing, the School Department decides that the information is inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall amend the education records of the student accordingly and so inform the parent/eligible student in writing.

6. If, as a result of the hearing, the School Department decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the parent/eligible student of their right to include a statement in the student’s education record about the contested information and/or setting forth any reasons for disagreeing with the decision of the School Department.

7. Any statement placed in the student’s education record under the preceding paragraph shall be maintained as long as the record or contested portion is maintained by the School Department. If the education records of the student or the contested portion is disclosed by the School Department to any party, the explanation shall also be disclosed.

F.     Disclosure of Education Records

All disclosures of education records will be made in compliance with federal and state statutes and regulations. The School Department will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent/eligible student unless such disclosure is otherwise allowed by federal and/or state statutes or regulations. The written consent shall include a specification of the records which may be disclosed, the purpose(s) of the disclosure(s), and the identity of the party or parties to whom the disclosure(s) may be made.  

There are several exceptions to the requirement to obtain prior written consent before disclosing education records as follows: 

1. Directory Information. The School Department may make directory information (as described in Section A) public at its discretion unless a parent/eligible student has notified the Building Administrator in writing by September 15th or within thirty (30) days of enrollment, whichever is later. (Please reference JRA-E2 and JRA-E3 forms.)

The School Department may disclose directory information about former students without the consent of the parent/eligible student. 

2. Military Recruiters/Institutions of Higher Education. Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School Department must comply with any such request, provided that parents have been notified of their right to make a written request that this information not be released without prior written consent. Parents/eligible students who do not want the School Department to disclose this information must notify the Building Administrator  in writing by September 15th or within thirty (30) days of enrollment, whichever is later.  (Please reference JRA-E2 and JRA-E3 forms.)

3. School Officials with Legitimate Educational Interests. Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by the School Department as an administrator, supervisor, instructor or support staff member (including health or medical staff and the school unit’s designated law enforcement unit personnel, if any); members of the School Board; persons or companies with whom the School Department has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and volunteers who are under the direct control of the School Department with regard to education records. 

4. Other School Units. Under Maine law (20-A M.R.S.A. § 6001-B), the School Department is required to send a student’s education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records. Consent is not required for the transfer of these records, except for confidential health records.

At the request of the Superintendent of the school unit where a student seeks admission, the student's current or former school administrators shall provide, in a timely fashion, an oral or written report to the Superintendent indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding.

5. Health or Safety Emergency. In accordance with federal regulations, the School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

6. Other Entities/Individuals. Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.

7. Information on the Internet. Under Maine law (20-A M.R.S.A. § 6001), the School Department shall not publish on the Internet any information that identifies a student, including but not limited the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names, without written parental consent. 

G.    Request/Disclosure Record 

  1. The School Department will maintain a record of requests and disclosures of personally identifiable information from the education records of a student. 
  2. Such records do not include disclosures to the parents/eligible student; disclosures made pursuant to written consent of the parents/eligible student; disclosures to school officials; disclosures of directory information; records released pursuant to a subpoena that specifies that the request/disclosure remain confidential; or disclosures to the person who provided or created the record.
  3. The record will include the party requesting the information and the “legitimate interest” the party has in the information. In the case of state and local educational authorities, and federal officials and agencies identified in the FERPA regulations, the record must specify that the records may be subject to further disclosure by these authorities, officials and agencies without consent. 
  4. When disclosures are made under the exception for health or safety emergencies, the record must include the “articulable and significant threat to the health or safety of a student or other individuals that formed the basis of the disclosure” and the parties to whom the information was disclosed. 

H.   Waiver of Confidentiality Rights

A parent/eligible student may waive any of his/her rights regarding confidentiality of education records, but any such a waiver must be in writing and signed by the parent/eligible student. The school may not require that a parent/eligible student waive his or her rights. Any waiver may be revoked, but such revocation shall not apply to any actions taken by the School Department prior to the revocation being received. If a parent executes a waiver, that waiver may be revoked by the student any time after he/she becomes an eligible student. 

I.   Fees for Copying Records

There shall be no charge to search for or retrieve education records of a student. The School Department shall provide copies of education records to parents/eligible students upon request. The cost of producing copies of the record to parents/eligible student will be $0.15 cents per page copied, plus postage. Parents/eligible students who are unable to pay such fees will not be denied access to education records. This fee, however, will not prohibit a parent/eligible student the opportunity to access records if they are unable to pay for copies.  

J.   Maintenance and Destruction of Education Records

The School Department shall maintain education records as required by federal and state statutes and regulations.

1. Records shall be maintained in paper and/or electronic form by personnel who are knowledgeable about the applicable confidentiality and record retention requirements. All records shall be safeguarded from unauthorized access. Student records must be kept in fireproof storage at the school or a duplicate set must be kept off-site.        

2. The School Department shall not destroy any education record if there is any outstanding request to inspect or review such records. 

3. Records of access to education records shall be retained as long as the records themselves.

4. The School Department shall inform parents of students with disabilities when education records are no longer needed to provide educational services to the student or to demonstrate that the school has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parents/eligible student upon their request, or destroyed in accordance with the parent’s request or School Department procedures. 

K.   Complaints 

The United States Department of Education maintains an office that handles complaints about alleged violations of FERPA by local school units. Complaints regarding violations of rights accorded parents/eligible students may be submitted in writing to:

Family Policy Compliance Office

Department of Education

400 Maryland Avenue, S.W.

Washington, D.C.  20202

 

 

Legal Reference: 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (as amended)

20 U.S.C. § 7908

20-A M.R.S.A. § 6001, 6001-B

Maine Department of Education Rules, Chapters 101 and 125

Maine State Archives, Rules for Disposition of Local Governmental

Records

 

Policy Adopted: May 1, 1996

Policy Revised: September 17, 2003. February, 10, 2021

JICJ - Student Use of Cell Phones and other Electronic Devices

JICJ - Student Use of Cell Phones and other Electronic Devices 

The Board recognizes that many students possess cell phones and other electronic devices.  These devices may not be used in any manner that disrupts the instructional process or violates Board policies or school rules.

Any use of cellular telephones and other electronic devices that violates Board policy, administrative procedure, or school rule is strictly prohibited and may result in confiscation of the device and/or further disciplinary action. This includes, but is not limited to: violations of the student code of conduct, harassment, and cheating. 

MSAD #35 shall not be responsible for the loss, theft or damage to cell phones or other electronic devices that students bring with them to school or school activities or use on school transportation.

The following provisions apply to student use of cell phones and other electronic devices:

A. Students are prohibited from using privately-owned electronic devices including but not limited to cell phones, “smart phones,” “smart watches” (for purposes other than telling time), I-Pods, MP3 players, handheld computers/PDAs, and electronic games at school or during school activities except when the teacher or building principal authorizes use for a specific educational, health or safety purpose.

B. The use of cameras, including camera phones, is strictly prohibited in locker rooms, bathrooms, and other places where privacy is generally expected.  In all other school locations, permission must be granted before photographing, video taping, or recording audio of another person.

C. School administrators may designate appropriate times and places during which I-Pods and other listening devices may be used (e.g., during lunch periods, study halls, or on school buses traveling to school activities).

D. The use of a cell phone or other electronic device in any manner that violates Board policy or school rules is prohibited.  This includes but is not limited to harassment, cheating and violations of the student code of conduct.  If a Board policy or school rule is violated, the teacher or school administrator may confiscate the device for the remainder of the school day.  Student cell phones and other electronic devices may be subject to search if there is reasonable suspicion of a violation.

E. Students who violate Board policy or school rules will be subject to disciplinary consequences which may include:

1. Confiscation of the device until the end of the school day;

2. A conference with the student’s parent/guardian;

3. Exclusion of the device from school for an extended period of time;

4. Penalties up to suspension or expulsion from school, depending upon the nature and circumstances of the violation and the student’s prior disciplinary record; and

5. Referral to law enforcement.

The Superintendent/designee may develop additional rules to implement this policy.  The policy and rules will be communicated to students and parents through the student handbook and/or the student code of conduct.


Cross Reference:

JIC–Student Code of Conduct

JIH–Questioning and Searches of Students


Policy Adopted: December 20, 2023

JJIF-E Marshwood Concussion Protocol

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