Section J – Students
- JC - School Attendance Areas
- JEA - Compulsory Attendance
- JEAA - School Attendance/Student Absences and Tardiness
- JFAA - Admission of Resident Students
- JFAA-E1 - Admission of Resident Students Procedure (for Students enrolling in School for the First Time)
- JFAA-E2 - Admission of Resident Students Procedure for Transfer and Home School Students
- JFAB - Admission of Non-Resident Private Tuition Students
- JFAB-E - Admission of Non-Resident Private Tuition Students Application for MSAD#35
- JFABD - Education of Homeless Students
- JFABD-E1 - Education of Homeless Students Notice
- JFABD-E2 - Sample Housing Information Form
- JFABD-E3 - Written Notification of Decision
- JFABD-E4 - Model Local Dispute Resolution Process
- JFABD-R - Education of Homeless Students Procedure
- JFC - Dropout Prevention Student Withdrawal From School
- JLCE-E - MSAD #35 Accident Report
- JLCDB - Naloxone (Narcan) in Schools
- JGAA - Assignments of Students to Classes - Five Year Olds
- JGAB - Assignment of Students to Classes: Transfer Students and Home Schooling Students
- JHB - Truancy
- JIC - STUDENT CODE OF CONDUCT
- JIC-E1 - Report of Dangerous Behavior by Student
- JIC-R - Procedure Addressing Reports of Dangerous Student
- JICA -Student Dress - Effective School Year 2023-2024
- JICC - Student Conduct on Buses
- JICEC - School Sponsored and Non-School-Sponsored Student Publications
- JICH - Drug and Alcohol Use by Students
- JICIA - Weapons, Violence and School Safety
- JICIA-E1 - Report of Dangerous Behavior by Student
- JICIA-R - Procedure Addressing Reports of Dangerous Student
- JICK - Bullying
- JICK-E1 - Bullying Report Form
- JICK-E2 - Bullying Investigation And Response Form
- JICK-E3 - Bullying: Summary of Disciplinary and Remedial Actions
- JICK-E4 - Bullying Reporting, Investigation and Intervention/Resolution Process
- JICK-E4 - FlowChart-Bullying Reporting, Investigation and Intervention/Resolution Process
- JICK-R - Bullying - Administrative Procedure
- JIH - Questioning and Searches of Students
- JIH-E - Student Search Checklist
- JIH-R - Questioning and Searches of Students Administrative Procedure
- JJC - Student Performances
- JJE - Student Fundraising Activities
- JJE-EI - Application For Fundraising at School Events
- JJE-R - Student Fundraising Activities Administrative Procedure
- JJEA - Student Solicitation
- JJIA - Eligibility for Participation in Extracurricular and Interscholastic Activities at MSAD #35 Schools
- JJIB - Interscholastic Athletics: Club Sports, Individuals Sports
- JJIBB - Sportsmanship Conduct for Competition
- JJIBC - Relations with Booster Groups and PTOs
- JJIBC-E1 - Booster Group Application Form
- JJIBC-E2 - PTO and Booster Group Proposed Budget, Fundraising Activities Spending Plan
- JJIBC-E3 - Application for Fundraising at School Events or Representing MSAD #35 in Fundraising Endeavors
- JJIBC-E4 - Booster and PTO Request for Unbudgeted Expenditure Approval
- JJIBC-E5 - Annual Fundraising Report
- JJIBC-R - Financial Responsibilities of School Approved Groups - Administrative Procedure
- JJID - Physical Examinations of Students Who Participate in Interscholastic Athletics
- JJIF - Management of Concussions and Other Head Injuries
- JJIF-R - Management of Concussions and Other Head Injuries Procedures
- JK - Student Discipline
- JKAA - Use of Physical Restraint and Seclusion
- JKAA-R - Use of Physical Restraint and Seclusion Procedure
- JKD - Suspension of Students
- JKE - Expulsion of Students
- JKE-R - Expulsion Guidelines
- JKF - Disciplinary Removal of Students with Disabilities
- JKF-R - Disciplinary Removal of Students with Disabilities Administrative Procedure
- JL - Student Wellness
- JLA - Student Accident and Athletic Insurance
- JLA-E1 - Student Accident and Athletic Insurance Form
- JLCB - Immunization of Students
- JLCB-E1 - Request for Medical Exemption form Mandatory Immunization
- JLCB-E2 - Immunization Signature Form for Enrollment
- JLCB-E3 - MSAD 35 Vaccination Catch Up Plan
- JLCB-E4 - Immunization Exemption Form IEP
- JLCB-R - Maine School Immunization Requirements
- JLCC - Communicable/Infectious Diseases
- JLCCA - Students with HIV/AIDS
- JLCD - Administration of Medication to Students
- JLCD-E1 - Administration of Medication to Students on School Field Trips
- JLCD-E2 - Administration of Medication to Students Authorization Form
- JLCDA - Medical Marijuana in Schools
- JLCDA-E1 - Medical Marijuana Parent/Provider Request Form to Administer at School
- JLCE - First Aid and Medical Emergency Care
- JLCE-R - First Aid Administrative Procedure
- JLDB - Student Assistance Teams(SAT)
- JLDBG - Reintegration of Students from Juvenile Correctional Facilities
- JLF - Reporting Child Abuse and Neglect
- JLF-E - Suspected Child Abuse/Neglect Report Form
- JLF-R - Reporting Child Abuse and Neglect – Administrative Procedure
- JLFA - Child Sexual Abuse Prevention and Response
- JLFA-E - Suspected Child Sexual Abuse Report Form
- JLFA-R - Child Sexual Abuse Prevention and Response Procedure
- JLIB - Student Dismissal Precautions
- JRA - Student Education Records and Information
- JRA-E1 - Annual Notice of Student Education Records and Information Rights
- JRA-E2 - Denial of Consent to Release Student Information (Marshwood High School)
- JRA-E3 - Denial Of Consent To Release Student Information (For Elementary and Middle Schools)
- JRA-R - Student Education Records and Information Administrative Procedure
- JICJ - Student Use of Cell Phones and other Electronic Devices
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.
Legal Reference: 20-A MRSA § 5001-A; 5003; 5104-A; 5201; 8605
Me Dept of Educ Rule Ch. 125 and 127
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:
- Proof of Residency - required (Please reference acceptable proof of residency documents list)
- Updated Immunization record - required (Please reference JLCB-R immunization requirement list)
- Birth Certificate - required
- 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).
Student’s Full Legal Name: ___________________________________________________________________________
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: |
|
|
|
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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
☐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 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:
- Proof of Residency - required (Please reference acceptable proof of residency documents list)
- Updated Immunization record - required (Please reference JLCB-R immunization requirement list)
- Birth Certificate - required
- 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).
Student’s Full Legal Name: ___________________________________________________________________________
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Give a brief summary of the student’s academic standing at his/her current school.
- Please describe any special interests of your son/daughter (example: Music, Clubs, Sports, etc.).
- 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.
- Has your son/daughter ever had a substance abuse problem? If so, please describe the situation.
- 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.
Legal Reference: 42 U.S.C. § 11431 et seq. (The McKinney-Vento Homeless Assistance Act)
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
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.
Legal Reference:
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:
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.
Legal References: 20-A MRSA § 5001(4)
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.
Legal Reference:
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.
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.
Legal Reference:
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, amplified voice, and tangible objects bearing no verbal communication or messages that are nonetheless distributed for the purpose of communication or expression.
I. School-Sponsored Student Publications
School-sponsored student publications are any publications approved by the school, supervised by authorized teachers or activity advisors, and designed to impart particular knowledge or skills to student participants and audiences. Such publications include, but may not be limited to, newspapers, yearbooks and literary magazines. Administrators and faculty shall exercise control of school-sponsored publications to ensure that students learn whatever lessons the activity is designed to teach, that readers or listeners are not exposed to material that may be inappropriate for their level of maturity, and that the views of the individual writer or speaker 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.
e. 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
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.
Legal References:
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
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.
Legal References:
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): ___________________________________
_____________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
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
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:
-
-
-
Physically harming a student or damaging a student’s property; or
-
Placing a student in reasonable fear of physical harm or damage to his/her property;
-
-
B. Interferes with the rights of a student by:
-
-
-
Creating an intimidating or hostile educational environment for the student; or
-
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:
-
-
-
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
-
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:
-
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
-
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.
Legal Reference:
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: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Recommended disposition:
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
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
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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- School staff, students and parents shall be informed of this policy/procedure on an annual basis.
- School administrators shall consult with the Superintendent prior to conducting random searches.
- 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.
- 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.
- 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
- 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.
- 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
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
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.
- 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.
- Student fundraising activities must be supervised by a building administrator, teacher or activity advisor.
- 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.
- Participation by students shall be voluntary.
- 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.
- There shall be no mandatory quotas for product sales or donations.
- Class time will not be used for distribution of promotional materials.
- Students participating in fundraising activities are expected to conduct themselves in accordance with Board policies, school rules and the student code of conduct.
- In the interest of student safety, activities involving door-to-door solicitation by students are prohibited.
- 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.
- 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:
- 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.
- The activity or drive must be supervised by a building administrator or teacher.
- Instructional time should not be used for planning or soliciting funds.
- Class time should not be used for distribution of promotional materials.
- 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.
- Fundraising activities must be conducted in accordance with the guidelines in Section A of this policy.
- 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:
- 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.
- Participation should provide a positive experience for students.
- Participation by staff and students shall be voluntary.
- Instructional time will not be used for fundraising activities or solicitations.
- 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
Policy Adopted: November 20, 1991
Policy Revised: November 3, 1999; June 15, 2005; November 28, 2012; and July 16, 2014
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 Athletic Director or building principal;
F. Recognize that all equipment/purchases made by student groups become the property of M.S.A.D. #35.
Policy Adopted: July 16, 2014
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:
- The project is under full school control;
- The project has the approval of the building principal;
- The project has been selected by the sponsoring organization as one in which students wish to participate;
- Students are made aware that participation is voluntary;
- No pressure is extended on students to participate;
- Any active solicitation of students will take place outside of instructional time.
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- Summer school courses may not be used for purposes of regaining eligibility.
- 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.
- An ineligible student may try-out during the ineligibility period for a spring sport that is to begin in the fourth quarter.
- Students who are assigned in-school or out of school suspension are ineligible to participate until the suspension has ended.
- 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:
- 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.
- Student’s eligibility will be based on trimester and mid-trimester grades.
- Summer school courses may not be used for the purposes of regaining eligibility.
- 7th and 8th grade fall eligibility will be based on 3rd trimester grades from the previous school year.
- Entering grade 6 students will be academically eligible to start the school year.
- When appropriate, the administration of Marshwood Middle School has the authority to grant student eligibility or determine student ineligibility.
- 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:
- Understand and follow the rules governing the competition;
- Recognize skilled performance by others, including opponents;
- Display respect for teammates, opponents, coaches and officials;
- Respect the judgment of officials and accept their decisions;
- Refrain from behavior such as taunting, using insulting language or gestures and cursing.
- Be modest when successful and gracious in defeat; and,
- Recognize that their conduct reflects on themselves and on their school community.
B. Coaches
In demonstrating sportsmanship, coaches are expected to:
- Know that they serve as role models for students and must set a good example for students and spectators;
- Abide by the rules governing the competition, in both letter and spirit;
- Treat all parties with respect;
- Act with dignity and self-control;
- Respect the judgment of officials and accept their decisions;
- Take corrective action with students who exhibit unsportsmanlike
- behavior; and
- 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:
- Respect the purpose of the competition and act in the role of support for all of the participants;
- Show positive support for outstanding performance, regardless of school affiliation;
- Show concern for injured participants, regardless of school affiliation;
- Refrain from angry or abusive language or actions toward any adult or student participants or other spectators;
- Refrain from any act that creates a danger for participants or spectators;
- Refrain from any act that could be considered taunting, heckling or berating of participants, officials, or coaches.
- 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:
- Using the name and/or logo of MSAD #35 or any of its schools, or from representing themselves as an approved group.
- Fundraising or organizing activities or events in support of or for any school-sponsored athletic team or other extracurricular activity.
- 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
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: ___________
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 |
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Please list additional names and contact information (email and/or phone) of other officers of your group:
Name |
Phone |
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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:
A. The risk of concussion and other head injuries and the dangers associated with continuing to participate when a concussion or other head injury is suspected;
B. The signs, symptoms and behaviors associated with concussion and other head injuries; and
C. The school administrative unit’s protocols for 1) removal of the student from the activity when the student is suspected of having sustained a concussion or other head injury, 2) evaluation, 3) medical clearance, and 4) graduated school reentry protocols.
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.
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Any student suspected of having sustained a concussion or other head injury during school or a school athletic activity must be removed from the activity immediately and evaluated by a qualified school personnel.
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Any student suspected of having sustained a concussion or other head injury is prohibited from further participation in any school activities until he/she is evaluated by the school nurse or other school personnel trained in such evaluation, such as an athletic trainer who is able to determine if referral to a licensed health care provider is necessary.
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The student and his/her parent(s)/guardian(s) will be informed of the referral to a licensed health care provider for a medical evaluation for possible concussion or brain injury before the student is allowed to begin the graduated school reentry and/or graduated return to play protocol, and then full participation in learning, recess, physical education, and any school activities.
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No student is permitted to return to the activity or to participate in any other school activity on the day of the suspected concussion.
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If referral to a licensed health care provider is necessary, the student will require written medical clearance from a licensed health care provider qualified and trained in concussion management. The student is also required to complete the graduated return to school protocol.
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School personnel should be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury including but not limited to: difficulty with concentration, organization, long-and-short term memory, and sensitivity to bright lights and sounds.
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School personnel shall accommodate a graduated school reentry protocol for return to full participation in all academic activities as appropriate, based on the recommendation of the student’s concussion trained health care provider and appropriate designated school personnel (e.g. 504 Coordinator, school nurse).
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No student is permitted to return to full participation in extra-curricular school activities until fully returned to his/her academic program.
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If at any time during the gradual return to school process the student exhibits signs, symptoms or behaviors of concussion, the student must be removed from the activity for that day and follow the graduated school reentry protocol.
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.
Legal Reference:
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.
- Each year building administration will provide as part of their respective parent-student handbook or by letter informing all parents of the district’s concussion policy. This information will include the policy itself, a list of all school sponsored activities that carries a reasonable potential risk of concussions to participants, the risk associated with concussions and other head injuries, and the dangers associated with continuing to participate when a concussion or other head injury is suspected, the signs and symptoms of concussion and other head injuries, and procedures for:
a. removal from the activity when a student is suspected of having sustained a concussion or other head injury,
b. evaluation, and
c. return to participation in the activity (“return to play”).
- 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.
- All staff and volunteers that are involved in overseeing any school sponsored activity listed as having a reasonable potential risk for concussions and other head injuries must be certified in concussion management and undergo annual refresher training.
- Because of the heightened competitive nature of interscholastic athletic activities, there is a greater risk of concussion and other head injuries. Therefore, all students wishing to participate in these activities must have an up to date and valid baseline IMPACT test on record with the school in order to be eligible to participate.
- Any incident that occurs with a potential for a concussion or other head injury, the student is to be removed immediately from the activity. The immediate trained supervisor will determine if student needs further assessment.
- For incidents involving non interscholastic athletic activities further assessment will be performed by the school nurse. The school nurse will determine if further medical attention is needed. In cases involving possible concussion, the school nurse will refer the student to a doctor who is qualified and trained in concussion management. The student will be removed from participating in any school sponsored activity that carries a reasonable potential risk for concussion until a written OK from a licensed health care provider, who is qualified and trained in concussion management that the student may participate.
- For interscholastic athletic activities further assessment will be performed by the medical personnel assigned to the activity (trainer, game doctor, etc.). The medical person will determine if further medical attention is needed. In cases involving possible concussion the student will be referred to a doctor certified as a concussion specialist. The student will not be permitted to participate until the following is completed:
a. After the student has gone at least 24 hours symptoms free, the student will undergo follow up IMPACT testing.
b. Results of IMPACT testing will be analyzed by a certified concussion specialist.
c. The certified concussion specialist will determine if student may return to play or needs further treatment.
d. If further treatment is needed, the student will undergo another IMPACT after treatment for determination if they may return to play.
e. Students OK’d to return to play will do so under a five day progressive fitness training overseen by the district’s athletic trainer.
Policy Adopted: February 27, 2013
JK - Student Discipline
JK - Student Discipline
It is essential for schools to maintain a safe and orderly environment which supports student learning and achievement. Good 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:
A. Discipline should emphasize positive reinforcement for appropriate behavior, as well as appropriate consequences for misbehavior. The focus should be on providing a school environment where students are engaged in constructive learning and interactions with others.
B. Expectations for student behavior should be clear and communicated to school staff, students and parents.
C. Consequences for misbehavior should be in proportion to the offense, fair and consistently enforced.
D. Parents should be actively involved in the process of preventing and resolving disciplinary problems at school.
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."
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 school unit.
Legal References: 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
JKB - Student Detention
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 and March 16, 2016
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:
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- A timeout, An intervention where a student requests, or complies with an adult request for, a break.
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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.
Legal References: 20-A M.R.S.A. §§ 4014, 4502(5)(M); 4009
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:
A. Provide legal written notice, by regular and certified mail, to the parents/guardians and the student of:
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.
Legal Reference: 20-A MRSA §§ 1001 (8A), (9C)
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:
-
- 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.
- 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.
- 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:
-
- 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.
- 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.
- 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.
- 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:
-
- 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.
- 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.
- 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.
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;
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